Approval and Promulgation of Air Quality Implementation Plans; Indiana; Central Indiana (Indianapolis) Ozone Maintenance Plan Revision to Approved Motor Vehicle Emissions Budgets, 20577-20582 [2012-8208]
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on a permit application according to
time period requirements under ss.
285.61 and 285.62, Stats.
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IV. What action is EPA taking?
EPA is proposing to approve
Wisconsin’s May 12, 2001, submittal,
relating to provisions impacting the FCP
Community Class I Area. Specifically,
Wisconsin’s submittal defines the
geographic center of the FCP
Community Class I Area, establishes
requirements for sources which may
potentially impact the FCP Community
Class I Area, provides the FCP
Community the opportunity to review
certain BACT and MACT
determinations, and establishes a
dispute resolution process for issues
that may arise between the FCP
Community and the State. The
provisions proposed for approval into
Wisconsin’s SIP include: NR
400.02(66m), NR 405.19, and NR
406.08(4).
EPA has made the preliminary
determination that the SIP submittal is
approvable because EPA takes the
position that it generally will not
interfere with the agreements reached
between Tribes and States through the
CAA’s section 164(e) dispute resolution
process, which provides that the results
of such agreements will become part of
the appropriate applicable plan. EPA’s
2008 rulemaking anticipated that
revisions to the Wisconsin SIP would be
needed to fully implement the 1999
MOA between the State and the FCP
Community.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
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under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law. In May 2011, EPA issued its
policy on consultation and coordination
with Indian tribes. EPA explained that
its policy is to consult on a governmentto-government basis with Federally
recognized tribal governments when
EPA actions and decisions may affect
tribal interests. Accordingly, EPA
engaged in consultation with the FCP
Community regarding the Wisconsin
proposed SIP revisions.
The Wisconsin proposed SIP
revisions which define the FCP
Community’s Class I Area, and which
define those sources that are required to
conduct Class I and Class II increment
analysis, and which provide for the FCP
Community’s participation in certain
BACT or MACT determinations will all
enable the FCP Community and
Wisconsin to work together to
cooperatively implement the FCP
Community’s Class I Area, which is an
integral part of the FCP Community’s
goal of exercising control over
reservation resources to better protect
the members of the FCP Community.
In the process of reviewing the
proposed Wisconsin SIP revisions, EPA
consulted with FCP Community tribal
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officials to permit them to have
meaningful and timely input into the
Agency’s review. EPA consulted with
representatives of the FCP Community
prior to proposing to approve the
Wisconsin SIP revision. During this
consultation, EPA explained the
provisions included in the proposed
Wisconsin SIP revision and answered
questions. EPA intends to keep the FCP
Community informed of the progress of
this proposed SIP approval.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Sulfur oxides, Volatile organic
compounds.
Dated: March 26, 2012.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2012–8207 Filed 4–4–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2012–0214; FRL–9655–3]
Approval and Promulgation of Air
Quality Implementation Plans; Indiana;
Central Indiana (Indianapolis) Ozone
Maintenance Plan Revision to
Approved Motor Vehicle Emissions
Budgets
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
Indiana’s request to revise its Central
Indiana 1997 8-hour ozone maintenance
air quality State Implementation Plan
(SIP) by replacing the previously
approved motor vehicle emissions
budgets (budgets) with budgets
developed using EPA’s Motor Vehicle
Emissions Simulator (MOVES) 2010a
emissions model. The Central Indiana
1997 8-hour ozone maintenance area
consists of Marion, Boone, Hendricks,
Morgan, Johnson, Shelby, Hancock,
Madison, and Hamilton Counties in
Indiana. Indiana submitted this request
to EPA for parallel processing on March
2, 2012.
DATES: Comments must be received on
or before May 7, 2012.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2012–0214, by one of the
following methods:
SUMMARY:
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1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: blakley.pamela@epa.gov.
3. Fax: (312) 408–2279.
4. Mail: Pamela Blakley, Chief,
Control Strategies Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley,
Chief, Control Strategies Section, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, Chicago,
Illinois 60604. Such deliveries are only
accepted during the Regional Office
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information. The
Regional Office official hours of
business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2012–
0214. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional instructions on
submitting comments, go to section I of
the SUPPLEMENTARY INFORMATION section
of this document.
Docket: All documents in the docket
are listed in the www.regulations.gov
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index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Patricia
Morris, Environmental Scientist at (312)
353–8656 before visiting the Region 5
office.
3. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
4. Describe any assumptions and
provide any technical information and/
or data that you used.
5. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
6. Provide specific examples to
illustrate your concerns, and suggest
alternatives.
7. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
8. Make sure to submit your
comments by the comment period.
FOR FURTHER INFORMATION CONTACT:
EPA is proposing to approve new
MOVES2010a-based budgets for the
Central Indiana 1997 ozone
maintenance area. The Central Indiana
area was redesignated to attainment of
the 1997 8-hour ozone standard on
October 19, 2007 (72 FR 59210), and the
MOBILE6.2-based budgets were
approved in that notice. When EPA
finalizes this proposed approval, the
newly submitted MOVES2010a budgets
will replace the existing, MOBILE6.2based budgets in the state’s 1997 8-hour
ozone maintenance plan and must then
be used in future transportation
conformity analyses for the area. At that
time, the previously approved budgets
would no longer be applicable for
transportation conformity purposes.
When EPA approves the
MOVES2010a-based budgets, the
Central Indiana 1997 8-hour ozone
maintenance area must use the
MOVES2010a-based budgets starting on
the effective date of that final approval.
See 75 FR 9411–9414 for background
and section III.c below for details.
Patricia Morris, Environmental
Scientist, Control Strategies Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–8656,
patricia.morris@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 should I consider as I prepare my
comments for EPA?
II. What action is EPA proposing to take?
III. What is the background for this action?
a. SIP Budgets and Transportation
Conformity
b. Prior Approval of Budgets
c. The MOVES Emissions Model and
Regional Transportation Conformity
Grace Period
d. Submission of New Budgets Based on
MOVES2010a
IV. What are the criteria for approval?
V. What is EPA’s analysis of the State’s
submittal?
a. The Revised Inventories
b. Approvability of the MOVES2010aBased Budgets
c. Applicability of MOBILE6.2-Based
Budgets
VI. What action is EPA taking?
VII. Statutory and Executive Order Reviews
I. What should I consider as I prepare
my comments for EPA?
When submitting comments,
remember to:
1. Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
2. Follow directions—EPA may ask
you to respond to specific questions or
organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
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II. What action is EPA proposing to
take?
III. What is the background for this
action?
a. SIP Budgets and Transportation
Conformity
Under the Clean Air Act (CAA), states
are required to submit, at various times,
control strategy SIP revisions and
maintenance plans for nonattainment
and maintenance areas for a given
National Ambient Air Quality Standard
(NAAQS). These emission control
strategy SIP revisions (e.g., reasonable
further progress and attainment
demonstration SIP revisions) and
maintenance plans include budgets of
on-road mobile source emissions for
criteria pollutants and/or their
precursors to address pollution from
cars and trucks. SIP budgets are the
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portions of the total allowable emissions
that are allocated to on-road vehicle use
that, together with emissions from other
sources in the area, will provide for
attainment or maintenance. The budget
serves as a ceiling on emissions from an
area’s planned transportation system.
For more information about budgets, see
the preamble to the November 24, 1993,
transportation conformity rule (58 FR
62188).
Under section 176(c) of the CAA,
transportation plans, Transportation
Improvement Programs (TIPs), and
transportation projects must ‘‘conform’’
to (i.e., be consistent with) the SIP
before they can be adopted or approved.
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
delay an interim milestone. The
transportation conformity regulations
can be found at 40 CFR Part 93.
Before budgets can be used in
conformity determinations, EPA must
affirmatively find the budgets adequate.
However, adequate budgets do not
supersede approved budgets for the
same CAA purpose. If the submitted SIP
budgets are meant to replace budgets for
the same purpose, as is the case with
Indiana’s MOVES2010a 1997 8-hour
ozone maintenance plan budgets, EPA
must approve the budgets, and can
affirm that they are adequate at the same
time. Once EPA approves the submitted
budgets, they must be used by state and
Federal agencies in determining
whether transportation activities
conform to the SIP as required by
section 176(c) of the CAA. EPA’s
substantive criteria for determining the
adequacy of budgets are set out in 40
CFR 93.118(e)(4).
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b. Prior Approval of Budgets
EPA had previously approved budgets
for the Central Indiana 8-hour ozone
maintenance area for volatile organic
compounds (VOCs) and nitrogen oxides
(NOX) for the years 2006 and 2020 on
October 19, 2007 (72 FR 59210). These
budgets were based on EPA’s
MOBILE6.2 emissions model. The ozone
maintenance plan established 2006
budgets for the Central Indiana area of
54.32 tons per summer day (tpd) for
VOCs and 106.19 tpd for NOX and 2020
budgets for the Central Indiana Area of
29.52 tpd for VOCs and 35.69 tpd for
NOX. These budgets demonstrated a
reduction in emissions from the
monitored attainment year and included
a margin of safety.
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c. The MOVES Emissions Model and
Regional Transportation Conformity
Grace Period
The MOVES model is EPA’s state-ofthe-art tool for estimating highway
emissions. The model is based on
analyses of millions of emission test
results and considerable advances in the
agency’s understanding of vehicle
emissions. MOVES incorporates the
latest emissions data, more
sophisticated calculation algorithms,
increased user flexibility, new software
design, and significant new capabilities
relative to those reflected in
MOBILE6.2.
EPA announced the release of
MOVES2010 in March 2010 (75 FR
9411). This notice approved the use of
MOVES2010 in official SIP submissions
to EPA and for regional emissions
analyses for transportation conformity
purposes outside of California. In
addition, the notice started a two-year
grace period before MOVES2010 is
required to be used in new regional
emissions analyses for transportation
conformity determinations outside of
California. EPA has since extended that
grace period until March 2, 2013 (77 FR
11394).
On September 8, 2010, EPA released
MOVES2010a, which included minor
revisions that enhance model
performance and do not significantly
affect the criteria pollutant emissions
results from MOVES2010. Therefore,
MOVES2010a is not considered a ‘‘new
model’’ under 40 CFR 93.111. As a
result, the MOVES2010 grace period for
regional conformity analyses applies to
the use of MOVES2010a as well.1
EPA encouraged Metropolitan
Planning Organizations (MPOs),
Departments of Transportation, and
state air agencies to examine how
MOVES would affect future
transportation plan and TIP conformity
determinations so, if necessary, SIPs
and budgets could be revised with
MOVES2010 or transportation plans and
TIPs could be revised (as appropriate)
prior to the end of the regional
transportation conformity grace period.
EPA also encouraged state and local air
agencies to consider how the release of
MOVES would affect analyses
supporting SIP submissions under
development.
The Indianapolis Metropolitan
Planning Organization (IMPO) has used
MOVES2010a emission rates with the
transportation network information to
estimate emissions in the years of the
transportation plan and also for the SIP.
Indiana is revising the budgets at this
1 For
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20579
time using the latest planning
assumptions including population and
employment updates. In addition,
newer vehicle registration data has been
used to update the age distribution of
the vehicle fleet. Since MOVES2010 (or
a minor model revision) will be required
for conformity analyses after the grace
period ends, Indiana finds that updating
the budgets with MOVES2010a will
prepare the IMPO for the transition to
using MOVES for conformity analyses
and determinations. The interagency
consultation group has had extensive
consultation on the requirements and
need for new budgets.
d. Submission of New Budgets Based on
MOVES2010a
On March 2, 2012, Indiana submitted
for parallel processing replacement
budgets based on MOVES2010a for the
Central Indiana area. Indiana is
currently providing public review and
comment at the state level. The state
public comment period ends on March
30, 2012. EPA is proposing to approve
the MOVES2010a budgets after
completion of the public process and
formal submittal of the SIP revision
request.
The MOVES2010a budgets are
proposed to replace the prior approved
MOBILE6.2 budgets and are for the
same years and pollutants/precursors.
The new MOVES2010a budgets are for
the years 2006 and 2020 for both VOCs
and NOX. Indiana has also submitted
MOVES2010a emissions for the
attainment year of 2005 as a comparison
to the 2006 and 2020 budget years and
for purposes of calculating a safety
margin. Table 4.1–A in the submittal
demonstrates how mobile source
emissions decline from the attainment
year of 2005. In 2005, the total estimated
NOX emissions from all sources
(including mobile, point, area and nonroad sources) is 329.78 tpd and the total
VOC emissions, for the 2005 attainment
year, from all sources is 207.94 tpd. The
2020 estimated emissions for total NOX
from all sources is 136.59 tpd and the
total VOC emissions from all sources is
163.69 tpd. The mobile source
emissions, when included with point,
area and non-road sources continue to
demonstrate maintenance of the
attainment level of emissions in the
Central Indiana area.
No additional control measures were
needed to maintain the 1997 ozone
standard emissions in the Central
Indiana area. The available safety
margin for NOX and VOCs was
recalculated at the bottom of table 4.1–
A and an allocation of 10% for NOX and
12% for VOCs were decided upon
during the interagency consultation
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process. The on-road MOVES2010a
based budgets are in Table 5.2–A of the
submittal and are listed as 210.93 tpd
for NOX and 64.32 tpd for VOCs in the
year 2006 and 69.00 tpd for NOX and
25.47 tpd for VOCs in the year 2020.
These budgets will continue to keep
emissions in the Central Indiana area
below the calculated attainment year of
emissions.
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IV. What are the criteria for approval?
The CAA has always required that
revisions to existing SIPs and budgets
continue to meet applicable
requirements (i.e., reasonable further
progress (RFP), attainment, or
maintenance). States that revise their
existing SIPs to include MOVES budgets
must therefore show that the SIP
continues to meet applicable
requirements with the new level of
motor vehicle emissions contained in
the budgets.
The transportation conformity rule (at
40 CFR 93.118(e)(4)(iv)) requires that
‘‘the motor vehicle emissions budget(s),
when considered together with all other
emissions sources, is consistent with
applicable requirements for reasonable
further progress (RFP), attainment, or
maintenance (whichever is relevant to
the given implementation plan
submission).’’ This and the other
adequacy criteria found at 40 CFR
93.118(e)(4) must be satisfied before
EPA can find submitted budgets
adequate or approve them for
conformity purposes.
In addition, EPA has stated that areas
can revise their budgets and inventories
using MOVES without revising their
entire SIP if (1) the SIP continues to
meet applicable requirements when the
previous motor vehicle emissions
inventories are replaced with MOVES
base year and milestone, attainment, or
maintenance year inventories, and (2)
the state can document that growth and
control strategy assumptions for nonmotor vehicle sources continue to be
valid and any minor updates do not
change the overall conclusions of the
SIP. For example, the first criterion
could be satisfied by demonstrating that
the emissions reductions between the
baseline/attainment year and
maintenance year are the same or
greater using MOVES than they were
previously. The Indiana submittal meets
this requirement as described below in
section V.
For more information, see EPA’s latest
‘‘Policy Guidance on the Use of
MOVES2010 for State Implementation
Plan Development, Transportation
Conformity, and Other Purposes’’
available online at: www.epa.gov/otaq/
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stateresources/transconf/
policy.htm#models.
V. What is EPA’s analysis of the State’s
submittal?
a. The Revised Inventories
The Indiana SIP revision request for
Central Indiana 1997 ozone
maintenance seeks to revise only the onroad mobile source inventories and not
the non-road inventories, area source
inventories or point source inventories
for the 2006 and 2020 years for which
the SIP revises the budgets. IDEM has
certified that the control strategies
remain the same as in the original SIP,
and that no other control strategies are
necessary. This is confirmed by the
monitoring data for Central Indiana,
which continues to monitor attainment
for the 1997 8-hour ozone standard. The
area is also monitoring attainment for
the 2008 8-hour ozone standard. Thus,
the current control strategies are
continuing to keep the area in
attainment of the NAAQS.
EPA has reviewed the emission
estimates for point, area and non-road
sources and concluded that no major
changes to the projections need to be
made. The submittal states that ‘‘growth
and control strategy assumptions for
non-mobile sources (i.e., area, nonroad,
and point) from the original submittal
for the years 2005, 2010, 2015, and 2020
were developed before the down turn in
the economy over the last several years.
Because of this, the factors included in
the original submittal may project more
growth than actual into the future. As a
result, the growth and control strategy
assumptions for the non-mobile sources
for the years 2005, 2010, 2015 and 2020
continue to be valid and do not affect
the overall conclusions of the plan.’’
Indiana confirms that the SIP
continues to demonstrate its purpose of
maintaining the 1997 ozone standard
because the emissions are continuing to
decrease from the attainment year to the
final year of the maintenance plan. The
total emissions in the revised SIP
(which includes MOVES2010a
emissions from mobile sources) are
329.78 tpd for NOX and 207.94 tpd for
VOCs in the 2005 attainment year. The
total emissions from all sources in the
2020 year are 136.59 tpd for NOX and
163.69 tpd for VOCs. These totals
demonstrate that emissions in the
Central Indiana area are continuing to
decline and remain below the
attainment levels.
Indiana has submitted MOVES2010abased budgets for the Central Indiana
area that are clearly identified in Table
5.2–A of the submittal. The budgets for
2006 are 210.93 tpd for NOX and 64.32
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tpd for VOCs. The budgets for 2020 are
69.00 tpd for NOX and 25.47 tpd for
VOCs.
b. Approvability of the MOVES2010aBased Budgets
EPA is proposing to approve the
MOVES2010a-based budgets submitted
by the state for use in determining
transportation conformity in the Central
Indiana 1997 ozone maintenance area.
EPA is making this proposal based on
our evaluation of these budgets using
the adequacy criteria found in 40 CFR
93.118(e)(4) and our in-depth evaluation
of the State’s submittal and SIP
requirements. EPA has determined,
based on its evaluation, that the area’s
maintenance plan would continue to
serve its intended purpose with the
submitted MOVES2010a-based budgets
and that the budgets themselves will
meet the adequacy criteria in the
conformity rule at 40 CFR 93.118(e)(4)
after the state public hearing is
completed and the SIP is formally
submitted.
EPA is parallel processing this SIP
revision request which means that EPA
is proposing approval at the same time
that the state is completing the public
process at the state level. This SIP
revision request will not be complete
and will not meet all the adequacy
criteria until the state public process is
complete and the SIP revision is
submitted in final with a letter from the
Governor or Governor’s designee. EPA is
proposing to approve the SIP revision
request after completion of the state
public process and final submittal. If
any comments are received, EPA will
consider those comments received both
at the state and Federal level.
EPA is moving forward with
proposing approval with this parallel
process because transportation projects
cannot be amended to the Central
Indiana Transportation Plan and
transportation improvement program
until this budget replacement is
completed. The Central Indiana area has
three MPOs in the maintenance area
(Indianapolis, Anderson and a portion
of the Columbus, Indiana MPO). These
three MPOs are required by the
conformity rule to conduct conformity
determinations together because they
are all part of the same maintenance
area with one set of ozone budgets for
that area (there are not separate budgets
for each MPO). The budgets need to be
updated, not only to accommodate the
use of MOVES2010a, but also because of
the updated planning assumptions for
mobile sources.
The adequacy criteria found in 40
CFR 93.118(e)(4) are as follows:
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• The submitted SIP was endorsed by
[the Governor/Gov’s designee] and was
subject to a state public hearing
(§ 93.118(e)(4)(i));
• The submitted SIP underwent
consultation among Federal, state, and
local agencies and the state fully
documented the submittal
(§ 93.118(e)(4)(ii));
• The budgets are clearly identified
and precisely quantified
(§ 93.118(e)(4)(iii));
• The budgets, when considered with
other emission sources, are consistent
with applicable requirements for
[reasonable further progress/attainment/
maintenance] (§ 93.118(e)(4)(iv));
• The budgets are consistent with and
clearly related to the emissions
inventory and control measures in the
SIP (§ 93.118(e)(4)(v)); and
• The revisions explain and
document changes to the previous
budgets, impacts on point and area
source emissions and changes to
established safety margins
(§ 93.118(e)(4)(vi)).
Our review finds that Indiana has met
all of the adequacy criteria, except the
public process and final submittal by
the Governor or Governor’s designee.
The interagency consultation group,
which is composed of the state air
agency, state Department of
Transportation, Federal Highway
Administration, EPA and the MPOs for
the area, have discussed and reviewed
the budgets developed with
MOVES2010a and the safety margin
allocation. The budgets are clearly
identified and precisely quantified in
the submittal in table 5.2–A. The
budgets when considered with other
emissions sources (point, area, nonroad) are consistent with continued
maintenance of the 1997 ozone
standard. The budgets are clearly related
to the emissions inventory and control
measures in the SIP. The changes from
the previous budgets are clearly
explained with the change in the model
from MOBILE6.2 to MOVES2010a and
the revised and updated planning
assumptions. The inputs to the model
are detailed in the Appendix to the
submittal. EPA has reviewed the inputs
to the MOVES2010a modeling and
participated in the consultation process.
The Federal Highway Administration—
Indiana Division and the Indiana
Department of Transportation have
taken a lead role in working with the
MPO and contractor to provide accurate,
timely information and inputs to the
MOVES2010a model runs. The IMPO
network model and Anderson MPO
network model provided the vehicle
miles of travel and other necessary data
from the travel demand networks.
The CAA requires that revisions to
existing SIPs and budgets continue to
meet applicable requirements (in this
case, maintenance). Therefore, states
that revise existing SIPs with MOVES
must show that the SIP continues to
meet applicable requirements with the
new level of motor vehicle emissions
calculated by the new model.
To that end, Indiana’s submitted
MOVES2010a budgets meet EPA’s two
criteria for revising budgets without
revising the entire SIP:
(1) The SIP continues to meet
applicable requirements when the
previous motor vehicle emissions
inventories are replaced with
MOVES2010a base year and milestone,
attainment, or maintenance year
inventories, and
(2) The state can document that
growth and control strategy assumptions
for non-motor vehicle sources continue
to be valid and any minor updates do
not change the overall conclusions of
the SIP.
The State has documented that
growth and control strategy assumptions
continue to be valid and do not change
the overall conclusions of the
maintenance plan. The emission
estimates for point, area and non-road
sources have not changed. The
submittal states that ‘‘growth and
control strategy assumptions for nonmobile sources (i.e. area, non-road, and
point) from the original submittal for the
years 2005, 2010, 2015, 2020 were
developed before the down turn in the
economy over the last several years.
Because of this, the factors included in
the original submittal may project more
growth than actual into the future. As a
result, the growth and control strategy
assumptions for the non-mobile sources
for the years 2005, 2010, 2015 and 2020
continue to be valid and do not affect
the overall conclusions of the plan.’’
Indiana confirms that the SIP
continues to demonstrate its purpose of
maintaining the 1997 ozone standard
because the emissions are continuing to
decrease from the attainment year to the
final year of the maintenance plan. The
total emissions in the revised SIP
(which includes MOVES2010a
emissions for mobile sources) decrease
from 329.78 tpd for NOX and 207.94 tpd
for VOCs in the 2005 attainment year to
136.59 tpy NOX and 163.69 tpd VOC in
2020. These totals demonstrate that
emissions in the Central Indiana area
are continuing to decline and remain
below the attainment levels. The
following tables show total emissions in
the Central Indiana area including
point, area, non-road, and mobile
sources and demonstrates the declining
emissions from the 2005 attainment
year.
TABLE OF TOTAL EMISSIONS WITH MOVES2010a MOBILE EMISSIONS
2005
rmajette on DSK2TPTVN1PROD with PROPOSALS
VOC .................................................................................................
NOX ..................................................................................................
Based on our review of the SIP and
the new budgets provided, EPA has
determined that the SIP will continue to
meet its requirements if the revised
motor vehicle emissions inventories are
replaced with MOVES2010a
inventories.
c. Applicability of MOBILE6.2-Based
Budgets
Pursuant to the State’s request, EPA is
proposing that, if we finalize the
approval of the revised budgets, the
VerDate Mar<15>2010
15:37 Apr 04, 2012
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2010
207.94
329.78
state’s existing MOBILE6.2-based
budgets will no longer be applicable for
transportation conformity purposes
upon the effective date of that final
approval.
In addition, once EPA approves the
MOVES2010a-based budgets, the
regional transportation conformity grace
period for using MOVES2010 (and
subsequent minor revisions) for the
pollutants included in these budgets
will end for the Central Indiana ozone
PO 00000
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Fmt 4702
Sfmt 4702
2015
189.75
223.43
2020
177.43
168.61
163.69
136.59
maintenance area on the effective date
of that final approval.2
VI. What action is EPA taking?
EPA is proposing in this action that
the Central Indiana existing approved
budgets for VOCs and NOX for 2006 and
2020 for the 1997 8-hour ozone
2 For more information, see Question 11 of EPA’s
‘‘Policy Guidance on the Use of MOVES2010 for
State Implementation Plan Development,
Transportation Conformity, and Other Purposes’’
and 75 FR 9411.
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rmajette on DSK2TPTVN1PROD with PROPOSALS
maintenance plan be replaced with new
budgets based on the MOVES2010a
emissions model. Once this proposal is
finalized, future transportation
conformity determinations would use
the new, MOVES2010a-based budgets
and would no longer use the existing
MOBILE6.2-based budgets. EPA is also
proposing to find that the Central
Indiana area’s maintenance plan would
continue to meet its requirements as set
forth under the CAA when these new
budgets are included.
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.
VII. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen oxides, Ozone,
Volatile organic compounds.
VerDate Mar<15>2010
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Dated: March 26, 2012.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2012–8208 Filed 4–4–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2012–0166; FRL–9655–6]
Approval and Promulgation of
Implementation Plans; State of Florida:
New Source Review Prevention of
Significant Deterioration: Nitrogen
Oxides as a Precursor to Ozone
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
changes to the Florida State
Implementation Plan (SIP), submitted
by the Florida Department of
Environmental Protection (FDEP)
through the Division of Air Resource
Management to EPA in two separate SIP
revisions on October 19, 2007, and July
1, 2011. These SIP revisions modify
Florida’s New Source Review (NSR)
Prevention of Significant Deterioration
(PSD) program to address requirements
promulgated in the 1997 8-hour ozone
national ambient air quality standards
(NAAQS) Implementation Rule NSR
Update Phase II (hereafter referred to as
the ‘‘Ozone Implementation NSR
Update’’ or ‘‘Phase II Rule’’) recognizing
nitrogen oxide (NOX) as an ozone
precursor, among other requirements. In
addition, both SIP revisions make
corrective and clarifying changes to
Florida’s regulations. EPA is proposing
approval of both SIP revisions because
the Agency has preliminarily
determined that the changes are in
accordance with the Clean Air Act (CAA
SUMMARY:
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Sfmt 4702
or Act) and EPA regulations regarding
NSR permitting.
DATES: Comments must be received on
or before May 7, 2012.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2012–0166, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: benjamin.lynorae@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: EPA–R04–OAR–2012–0166,
Regulatory Development Section, Air
Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Ms.
Lynorae Benjamin, Chief, Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding federal
holidays.
Instructions: Direct your comments to
Docket ID No. ‘‘EPA–R04–OAR–2012–
0166.’’ EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through
www.regulations.gov or email,
information that you consider to be CBI
or otherwise protected. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
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[Federal Register Volume 77, Number 66 (Thursday, April 5, 2012)]
[Proposed Rules]
[Pages 20577-20582]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8208]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2012-0214; FRL-9655-3]
Approval and Promulgation of Air Quality Implementation Plans;
Indiana; Central Indiana (Indianapolis) Ozone Maintenance Plan Revision
to Approved Motor Vehicle Emissions Budgets
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve Indiana's request to revise its
Central Indiana 1997 8-hour ozone maintenance air quality State
Implementation Plan (SIP) by replacing the previously approved motor
vehicle emissions budgets (budgets) with budgets developed using EPA's
Motor Vehicle Emissions Simulator (MOVES) 2010a emissions model. The
Central Indiana 1997 8-hour ozone maintenance area consists of Marion,
Boone, Hendricks, Morgan, Johnson, Shelby, Hancock, Madison, and
Hamilton Counties in Indiana. Indiana submitted this request to EPA for
parallel processing on March 2, 2012.
DATES: Comments must be received on or before May 7, 2012.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2012-0214, by one of the following methods:
[[Page 20578]]
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: blakley.pamela@epa.gov.
3. Fax: (312) 408-2279.
4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley, Chief, Control Strategies
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal
holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2012-0214. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
instructions on submitting comments, go to section I of the
SUPPLEMENTARY INFORMATION section of this document.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.
We recommend that you telephone Patricia Morris, Environmental
Scientist at (312) 353-8656 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Patricia Morris, Environmental
Scientist, Control Strategies Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353-8656, patricia.morris@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 should I consider as I prepare my comments for EPA?
II. What action is EPA proposing to take?
III. What is the background for this action?
a. SIP Budgets and Transportation Conformity
b. Prior Approval of Budgets
c. The MOVES Emissions Model and Regional Transportation
Conformity Grace Period
d. Submission of New Budgets Based on MOVES2010a
IV. What are the criteria for approval?
V. What is EPA's analysis of the State's submittal?
a. The Revised Inventories
b. Approvability of the MOVES2010a-Based Budgets
c. Applicability of MOBILE6.2-Based Budgets
VI. What action is EPA taking?
VII. Statutory and Executive Order Reviews
I. What should I consider as I prepare my comments for EPA?
When submitting comments, remember to:
1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
2. Follow directions--EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
4. Describe any assumptions and provide any technical information
and/or data that you used.
5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
8. Make sure to submit your comments by the comment period.
II. What action is EPA proposing to take?
EPA is proposing to approve new MOVES2010a-based budgets for the
Central Indiana 1997 ozone maintenance area. The Central Indiana area
was redesignated to attainment of the 1997 8-hour ozone standard on
October 19, 2007 (72 FR 59210), and the MOBILE6.2-based budgets were
approved in that notice. When EPA finalizes this proposed approval, the
newly submitted MOVES2010a budgets will replace the existing,
MOBILE6.2-based budgets in the state's 1997 8-hour ozone maintenance
plan and must then be used in future transportation conformity analyses
for the area. At that time, the previously approved budgets would no
longer be applicable for transportation conformity purposes.
When EPA approves the MOVES2010a-based budgets, the Central Indiana
1997 8-hour ozone maintenance area must use the MOVES2010a-based
budgets starting on the effective date of that final approval. See 75
FR 9411-9414 for background and section III.c below for details.
III. What is the background for this action?
a. SIP Budgets and Transportation Conformity
Under the Clean Air Act (CAA), states are required to submit, at
various times, control strategy SIP revisions and maintenance plans for
nonattainment and maintenance areas for a given National Ambient Air
Quality Standard (NAAQS). These emission control strategy SIP revisions
(e.g., reasonable further progress and attainment demonstration SIP
revisions) and maintenance plans include budgets of on-road mobile
source emissions for criteria pollutants and/or their precursors to
address pollution from cars and trucks. SIP budgets are the
[[Page 20579]]
portions of the total allowable emissions that are allocated to on-road
vehicle use that, together with emissions from other sources in the
area, will provide for attainment or maintenance. The budget serves as
a ceiling on emissions from an area's planned transportation system.
For more information about budgets, see the preamble to the November
24, 1993, transportation conformity rule (58 FR 62188).
Under section 176(c) of the CAA, transportation plans,
Transportation Improvement Programs (TIPs), and transportation projects
must ``conform'' to (i.e., be consistent with) the SIP before they can
be adopted or approved. 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
delay an interim milestone. The transportation conformity regulations
can be found at 40 CFR Part 93.
Before budgets can be used in conformity determinations, EPA must
affirmatively find the budgets adequate. However, adequate budgets do
not supersede approved budgets for the same CAA purpose. If the
submitted SIP budgets are meant to replace budgets for the same
purpose, as is the case with Indiana's MOVES2010a 1997 8-hour ozone
maintenance plan budgets, EPA must approve the budgets, and can affirm
that they are adequate at the same time. Once EPA approves the
submitted budgets, they must be used by state and Federal agencies in
determining whether transportation activities conform to the SIP as
required by section 176(c) of the CAA. EPA's substantive criteria for
determining the adequacy of budgets are set out in 40 CFR 93.118(e)(4).
b. Prior Approval of Budgets
EPA had previously approved budgets for the Central Indiana 8-hour
ozone maintenance area for volatile organic compounds (VOCs) and
nitrogen oxides (NOX) for the years 2006 and 2020 on October
19, 2007 (72 FR 59210). These budgets were based on EPA's MOBILE6.2
emissions model. The ozone maintenance plan established 2006 budgets
for the Central Indiana area of 54.32 tons per summer day (tpd) for
VOCs and 106.19 tpd for NOX and 2020 budgets for the Central
Indiana Area of 29.52 tpd for VOCs and 35.69 tpd for NOX.
These budgets demonstrated a reduction in emissions from the monitored
attainment year and included a margin of safety.
c. The MOVES Emissions Model and Regional Transportation Conformity
Grace Period
The MOVES model is EPA's state-of-the-art tool for estimating
highway emissions. The model is based on analyses of millions of
emission test results and considerable advances in the agency's
understanding of vehicle emissions. MOVES incorporates the latest
emissions data, more sophisticated calculation algorithms, increased
user flexibility, new software design, and significant new capabilities
relative to those reflected in MOBILE6.2.
EPA announced the release of MOVES2010 in March 2010 (75 FR 9411).
This notice approved the use of MOVES2010 in official SIP submissions
to EPA and for regional emissions analyses for transportation
conformity purposes outside of California. In addition, the notice
started a two-year grace period before MOVES2010 is required to be used
in new regional emissions analyses for transportation conformity
determinations outside of California. EPA has since extended that grace
period until March 2, 2013 (77 FR 11394).
On September 8, 2010, EPA released MOVES2010a, which included minor
revisions that enhance model performance and do not significantly
affect the criteria pollutant emissions results from MOVES2010.
Therefore, MOVES2010a is not considered a ``new model'' under 40 CFR
93.111. As a result, the MOVES2010 grace period for regional conformity
analyses applies to the use of MOVES2010a as well.\1\
---------------------------------------------------------------------------
\1\ For more information, see 77 FR 11394.
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EPA encouraged Metropolitan Planning Organizations (MPOs),
Departments of Transportation, and state air agencies to examine how
MOVES would affect future transportation plan and TIP conformity
determinations so, if necessary, SIPs and budgets could be revised with
MOVES2010 or transportation plans and TIPs could be revised (as
appropriate) prior to the end of the regional transportation conformity
grace period. EPA also encouraged state and local air agencies to
consider how the release of MOVES would affect analyses supporting SIP
submissions under development.
The Indianapolis Metropolitan Planning Organization (IMPO) has used
MOVES2010a emission rates with the transportation network information
to estimate emissions in the years of the transportation plan and also
for the SIP. Indiana is revising the budgets at this time using the
latest planning assumptions including population and employment
updates. In addition, newer vehicle registration data has been used to
update the age distribution of the vehicle fleet. Since MOVES2010 (or a
minor model revision) will be required for conformity analyses after
the grace period ends, Indiana finds that updating the budgets with
MOVES2010a will prepare the IMPO for the transition to using MOVES for
conformity analyses and determinations. The interagency consultation
group has had extensive consultation on the requirements and need for
new budgets.
d. Submission of New Budgets Based on MOVES2010a
On March 2, 2012, Indiana submitted for parallel processing
replacement budgets based on MOVES2010a for the Central Indiana area.
Indiana is currently providing public review and comment at the state
level. The state public comment period ends on March 30, 2012. EPA is
proposing to approve the MOVES2010a budgets after completion of the
public process and formal submittal of the SIP revision request.
The MOVES2010a budgets are proposed to replace the prior approved
MOBILE6.2 budgets and are for the same years and pollutants/precursors.
The new MOVES2010a budgets are for the years 2006 and 2020 for both
VOCs and NOX. Indiana has also submitted MOVES2010a
emissions for the attainment year of 2005 as a comparison to the 2006
and 2020 budget years and for purposes of calculating a safety margin.
Table 4.1-A in the submittal demonstrates how mobile source emissions
decline from the attainment year of 2005. In 2005, the total estimated
NOX emissions from all sources (including mobile, point,
area and non-road sources) is 329.78 tpd and the total VOC emissions,
for the 2005 attainment year, from all sources is 207.94 tpd. The 2020
estimated emissions for total NOX from all sources is 136.59
tpd and the total VOC emissions from all sources is 163.69 tpd. The
mobile source emissions, when included with point, area and non-road
sources continue to demonstrate maintenance of the attainment level of
emissions in the Central Indiana area.
No additional control measures were needed to maintain the 1997
ozone standard emissions in the Central Indiana area. The available
safety margin for NOX and VOCs was recalculated at the
bottom of table 4.1-A and an allocation of 10% for NOX and
12% for VOCs were decided upon during the interagency consultation
[[Page 20580]]
process. The on-road MOVES2010a based budgets are in Table 5.2-A of the
submittal and are listed as 210.93 tpd for NOX and 64.32 tpd
for VOCs in the year 2006 and 69.00 tpd for NOX and 25.47
tpd for VOCs in the year 2020. These budgets will continue to keep
emissions in the Central Indiana area below the calculated attainment
year of emissions.
IV. What are the criteria for approval?
The CAA has always required that revisions to existing SIPs and
budgets continue to meet applicable requirements (i.e., reasonable
further progress (RFP), attainment, or maintenance). States that revise
their existing SIPs to include MOVES budgets must therefore show that
the SIP continues to meet applicable requirements with the new level of
motor vehicle emissions contained in the budgets.
The transportation conformity rule (at 40 CFR 93.118(e)(4)(iv))
requires that ``the motor vehicle emissions budget(s), when considered
together with all other emissions sources, is consistent with
applicable requirements for reasonable further progress (RFP),
attainment, or maintenance (whichever is relevant to the given
implementation plan submission).'' This and the other adequacy criteria
found at 40 CFR 93.118(e)(4) must be satisfied before EPA can find
submitted budgets adequate or approve them for conformity purposes.
In addition, EPA has stated that areas can revise their budgets and
inventories using MOVES without revising their entire SIP if (1) the
SIP continues to meet applicable requirements when the previous motor
vehicle emissions inventories are replaced with MOVES base year and
milestone, attainment, or maintenance year inventories, and (2) the
state can document that growth and control strategy assumptions for
non-motor vehicle sources continue to be valid and any minor updates do
not change the overall conclusions of the SIP. For example, the first
criterion could be satisfied by demonstrating that the emissions
reductions between the baseline/attainment year and maintenance year
are the same or greater using MOVES than they were previously. The
Indiana submittal meets this requirement as described below in section
V.
For more information, see EPA's latest ``Policy Guidance on the Use
of MOVES2010 for State Implementation Plan Development, Transportation
Conformity, and Other Purposes'' available online at: www.epa.gov/otaq/stateresources/transconf/policy.htm#models.
V. What is EPA's analysis of the State's submittal?
a. The Revised Inventories
The Indiana SIP revision request for Central Indiana 1997 ozone
maintenance seeks to revise only the on-road mobile source inventories
and not the non-road inventories, area source inventories or point
source inventories for the 2006 and 2020 years for which the SIP
revises the budgets. IDEM has certified that the control strategies
remain the same as in the original SIP, and that no other control
strategies are necessary. This is confirmed by the monitoring data for
Central Indiana, which continues to monitor attainment for the 1997 8-
hour ozone standard. The area is also monitoring attainment for the
2008 8-hour ozone standard. Thus, the current control strategies are
continuing to keep the area in attainment of the NAAQS.
EPA has reviewed the emission estimates for point, area and non-
road sources and concluded that no major changes to the projections
need to be made. The submittal states that ``growth and control
strategy assumptions for non-mobile sources (i.e., area, nonroad, and
point) from the original submittal for the years 2005, 2010, 2015, and
2020 were developed before the down turn in the economy over the last
several years. Because of this, the factors included in the original
submittal may project more growth than actual into the future. As a
result, the growth and control strategy assumptions for the non-mobile
sources for the years 2005, 2010, 2015 and 2020 continue to be valid
and do not affect the overall conclusions of the plan.''
Indiana confirms that the SIP continues to demonstrate its purpose
of maintaining the 1997 ozone standard because the emissions are
continuing to decrease from the attainment year to the final year of
the maintenance plan. The total emissions in the revised SIP (which
includes MOVES2010a emissions from mobile sources) are 329.78 tpd for
NOX and 207.94 tpd for VOCs in the 2005 attainment year. The
total emissions from all sources in the 2020 year are 136.59 tpd for
NOX and 163.69 tpd for VOCs. These totals demonstrate that
emissions in the Central Indiana area are continuing to decline and
remain below the attainment levels.
Indiana has submitted MOVES2010a-based budgets for the Central
Indiana area that are clearly identified in Table 5.2-A of the
submittal. The budgets for 2006 are 210.93 tpd for NOX and
64.32 tpd for VOCs. The budgets for 2020 are 69.00 tpd for
NOX and 25.47 tpd for VOCs.
b. Approvability of the MOVES2010a-Based Budgets
EPA is proposing to approve the MOVES2010a-based budgets submitted
by the state for use in determining transportation conformity in the
Central Indiana 1997 ozone maintenance area. EPA is making this
proposal based on our evaluation of these budgets using the adequacy
criteria found in 40 CFR 93.118(e)(4) and our in-depth evaluation of
the State's submittal and SIP requirements. EPA has determined, based
on its evaluation, that the area's maintenance plan would continue to
serve its intended purpose with the submitted MOVES2010a-based budgets
and that the budgets themselves will meet the adequacy criteria in the
conformity rule at 40 CFR 93.118(e)(4) after the state public hearing
is completed and the SIP is formally submitted.
EPA is parallel processing this SIP revision request which means
that EPA is proposing approval at the same time that the state is
completing the public process at the state level. This SIP revision
request will not be complete and will not meet all the adequacy
criteria until the state public process is complete and the SIP
revision is submitted in final with a letter from the Governor or
Governor's designee. EPA is proposing to approve the SIP revision
request after completion of the state public process and final
submittal. If any comments are received, EPA will consider those
comments received both at the state and Federal level.
EPA is moving forward with proposing approval with this parallel
process because transportation projects cannot be amended to the
Central Indiana Transportation Plan and transportation improvement
program until this budget replacement is completed. The Central Indiana
area has three MPOs in the maintenance area (Indianapolis, Anderson and
a portion of the Columbus, Indiana MPO). These three MPOs are required
by the conformity rule to conduct conformity determinations together
because they are all part of the same maintenance area with one set of
ozone budgets for that area (there are not separate budgets for each
MPO). The budgets need to be updated, not only to accommodate the use
of MOVES2010a, but also because of the updated planning assumptions for
mobile sources.
The adequacy criteria found in 40 CFR 93.118(e)(4) are as follows:
[[Page 20581]]
The submitted SIP was endorsed by [the Governor/Gov's
designee] and was subject to a state public hearing (Sec.
93.118(e)(4)(i));
The submitted SIP underwent consultation among Federal,
state, and local agencies and the state fully documented the submittal
(Sec. 93.118(e)(4)(ii));
The budgets are clearly identified and precisely
quantified (Sec. 93.118(e)(4)(iii));
The budgets, when considered with other emission sources,
are consistent with applicable requirements for [reasonable further
progress/attainment/maintenance] (Sec. 93.118(e)(4)(iv));
The budgets are consistent with and clearly related to the
emissions inventory and control measures in the SIP (Sec.
93.118(e)(4)(v)); and
The revisions explain and document changes to the previous
budgets, impacts on point and area source emissions and changes to
established safety margins (Sec. 93.118(e)(4)(vi)).
Our review finds that Indiana has met all of the adequacy criteria,
except the public process and final submittal by the Governor or
Governor's designee. The interagency consultation group, which is
composed of the state air agency, state Department of Transportation,
Federal Highway Administration, EPA and the MPOs for the area, have
discussed and reviewed the budgets developed with MOVES2010a and the
safety margin allocation. The budgets are clearly identified and
precisely quantified in the submittal in table 5.2-A. The budgets when
considered with other emissions sources (point, area, non-road) are
consistent with continued maintenance of the 1997 ozone standard. The
budgets are clearly related to the emissions inventory and control
measures in the SIP. The changes from the previous budgets are clearly
explained with the change in the model from MOBILE6.2 to MOVES2010a and
the revised and updated planning assumptions. The inputs to the model
are detailed in the Appendix to the submittal. EPA has reviewed the
inputs to the MOVES2010a modeling and participated in the consultation
process. The Federal Highway Administration--Indiana Division and the
Indiana Department of Transportation have taken a lead role in working
with the MPO and contractor to provide accurate, timely information and
inputs to the MOVES2010a model runs. The IMPO network model and
Anderson MPO network model provided the vehicle miles of travel and
other necessary data from the travel demand networks.
The CAA requires that revisions to existing SIPs and budgets
continue to meet applicable requirements (in this case, maintenance).
Therefore, states that revise existing SIPs with MOVES must show that
the SIP continues to meet applicable requirements with the new level of
motor vehicle emissions calculated by the new model.
To that end, Indiana's submitted MOVES2010a budgets meet EPA's two
criteria for revising budgets without revising the entire SIP:
(1) The SIP continues to meet applicable requirements when the
previous motor vehicle emissions inventories are replaced with
MOVES2010a base year and milestone, attainment, or maintenance year
inventories, and
(2) The state can document that growth and control strategy
assumptions for non-motor vehicle sources continue to be valid and any
minor updates do not change the overall conclusions of the SIP.
The State has documented that growth and control strategy
assumptions continue to be valid and do not change the overall
conclusions of the maintenance plan. The emission estimates for point,
area and non-road sources have not changed. The submittal states that
``growth and control strategy assumptions for non-mobile sources (i.e.
area, non-road, and point) from the original submittal for the years
2005, 2010, 2015, 2020 were developed before the down turn in the
economy over the last several years. Because of this, the factors
included in the original submittal may project more growth than actual
into the future. As a result, the growth and control strategy
assumptions for the non-mobile sources for the years 2005, 2010, 2015
and 2020 continue to be valid and do not affect the overall conclusions
of the plan.''
Indiana confirms that the SIP continues to demonstrate its purpose
of maintaining the 1997 ozone standard because the emissions are
continuing to decrease from the attainment year to the final year of
the maintenance plan. The total emissions in the revised SIP (which
includes MOVES2010a emissions for mobile sources) decrease from 329.78
tpd for NOX and 207.94 tpd for VOCs in the 2005 attainment
year to 136.59 tpy NOX and 163.69 tpd VOC in 2020. These
totals demonstrate that emissions in the Central Indiana area are
continuing to decline and remain below the attainment levels. The
following tables show total emissions in the Central Indiana area
including point, area, non-road, and mobile sources and demonstrates
the declining emissions from the 2005 attainment year.
Table of Total Emissions With MOVES2010a Mobile Emissions
----------------------------------------------------------------------------------------------------------------
2005 2010 2015 2020
----------------------------------------------------------------------------------------------------------------
VOC..................................... 207.94 189.75 177.43 163.69
NOX..................................... 329.78 223.43 168.61 136.59
----------------------------------------------------------------------------------------------------------------
Based on our review of the SIP and the new budgets provided, EPA
has determined that the SIP will continue to meet its requirements if
the revised motor vehicle emissions inventories are replaced with
MOVES2010a inventories.
c. Applicability of MOBILE6.2-Based Budgets
Pursuant to the State's request, EPA is proposing that, if we
finalize the approval of the revised budgets, the state's existing
MOBILE6.2-based budgets will no longer be applicable for transportation
conformity purposes upon the effective date of that final approval.
In addition, once EPA approves the MOVES2010a-based budgets, the
regional transportation conformity grace period for using MOVES2010
(and subsequent minor revisions) for the pollutants included in these
budgets will end for the Central Indiana ozone maintenance area on the
effective date of that final approval.\2\
---------------------------------------------------------------------------
\2\ For more information, see Question 11 of EPA's ``Policy
Guidance on the Use of MOVES2010 for State Implementation Plan
Development, Transportation Conformity, and Other Purposes'' and 75
FR 9411.
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VI. What action is EPA taking?
EPA is proposing in this action that the Central Indiana existing
approved budgets for VOCs and NOX for 2006 and 2020 for the
1997 8-hour ozone
[[Page 20582]]
maintenance plan be replaced with new budgets based on the MOVES2010a
emissions model. Once this proposal is finalized, future transportation
conformity determinations would use the new, MOVES2010a-based budgets
and would no longer use the existing MOBILE6.2-based budgets. EPA is
also proposing to find that the Central Indiana area's maintenance plan
would continue to meet its requirements as set forth under the CAA when
these new budgets are included.
VII. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen oxides, Ozone, Volatile organic compounds.
Dated: March 26, 2012.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2012-8208 Filed 4-4-12; 8:45 am]
BILLING CODE 6560-50-P
