Air Plan Approval; Indiana; Redesignation of the Indiana Portion of the Cincinnati, Ohio-Kentucky-Indiana Area to Attainment of the 2008 Ozone Standard, 95081-95097 [2016-31044]

Download as PDF Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Proposed Rules IV. What action is EPA taking? EPA is proposing to approve the revisions to 326 IAC 2–6–1 into Indiana’s SIP. mstockstill on DSK3G9T082PROD with PROPOSALS V. Incorporation by Reference In this rulemaking, EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference the revised IDEM rule at 326 IAC 2–6– 1 filed with the Indiana Register on October 21, 2016, regarding the emissions statements rule and discussed in section II of this rulemaking. EPA has made, and will continue to make, these documents generally available through www.regulations.gov, and/or at the EPA Region 5 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). VI. 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 Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); VerDate Sep<11>2014 20:09 Dec 23, 2016 Jkt 241001 • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: December 12, 2016. Robert A. Kaplan, Acting Regional Administrator, Region 5. [FR Doc. 2016–31045 Filed 12–23–16; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA–R05–OAR–2016–0135; FRL–9957–18– Region 5] Air Plan Approval; Indiana; Redesignation of the Indiana Portion of the Cincinnati, Ohio-Kentucky-Indiana Area to Attainment of the 2008 Ozone Standard Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to find that the Cincinnati, Ohio-Kentucky-Indiana area is attaining the 2008 ozone National Ambient Air Quality Standard (NAAQS or standard) and to approve a request from the Indiana Department of Environmental Management (IDEM) to redesignate the Indiana portion of the Cincinnati area to attainment for the SUMMARY: PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 95081 2008 ozone NAAQS because the request meets the statutory requirements for redesignation under the Clean Air Act (CAA or Act). The Cincinnati area includes Lawrenceburg Township in Dearborn County, Indiana; Butler, Clermont, Clinton, Hamilton, and Warren Counties in Ohio; and, Boone, Campbell, and Kenton Counties in Kentucky. IDEM submitted this request on February 23, 2016, and supplemented that submittal with a revised emissions inventory on May 4, 2016. EPA is also proposing to approve, as a revision to the Indiana State Implementation Plan (SIP), the state’s plan for maintaining the 2008 ozone standard through 2030 in the Cincinnati area. Additionally, EPA finds adequate and is proposing to approve the state’s 2020 and 2030 volatile organic compound (VOC) and oxides of nitrogen (NOX) Motor Vehicle Emission Budgets (MVEBs) for the Indiana and Ohio portion of the Cincinnati area. Finally, EPA is proposing to approve the 2011 base year emissions inventory submitted by IDEM as meeting the base year emissions inventory requirement of the CAA for the Indiana portion of the Cincinnati area. Comments must be received on or before January 26, 2017. DATES: Submit your comments, identified by Docket ID No. EPA–R05– OAR–2016–0135 at http:// www.regulations.gov or via email to aburano.douglas@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit ADDRESSES: E:\FR\FM\27DEP1.SGM 27DEP1 95082 Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Proposed Rules VII. Proposed Actions VIII. Statutory and Executive Order Reviews http://www2.epa.gov/dockets/ commenting-epa-dockets. Eric Svingen, Environmental Engineer, Attainment Planning and Maintenance Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353–4489, svingen.eric@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: mstockstill on DSK3G9T082PROD with PROPOSALS FOR FURTHER INFORMATION CONTACT: I. What are the actions EPA is proposing? II. What is the background for these actions? III. What are the criteria for redesignation? IV. What is EPA’s analysis of Indiana’s redesignation request? A. Has the Cincinnati area attained the 2008 ozone NAAQS? B. Has Indiana met all applicable requirements of section 110 and part D of the CAA for the Cincinnati area, and does the Indiana portion of the area have a fully approved SIP under section 110(k) of the CAA? 1. Indiana Has Met All Applicable Requirements of Section 110 and Part D of the CAA Applicable to the Indiana Portion of the Cincinnati Area for Purposes of Redesignation 2. The Indiana Portion of the Cincinnati Area Has a Fully Approved SIP for Purposes of Redesignation Under Section 110(k) of the CAA C. Are the air quality improvements in the Cincinnati area due to permanent and enforceable emission reductions? 1. Permanent and Enforceable Emission Controls Implemented 2. Emission Reductions 3. Meteorology D. Does Indiana have a fully approvable ozone maintenance plan for the Cincinnati area? 1. Attainment Inventory 2. Has the state documented maintenance of the ozone standard in the Cincinnati area? 3. Continued Air Quality Monitoring 4. Verification of Continued Attainment 5. What is the contingency plan for the Cincinnati area? V. Has the state adopted approvable motor vehicle emission budgets? A. Motor Vehicle Emission Budgets B. What is the status of EPA’s adequacy determination for the proposed VOC and NOX MVEBs for the Cincinnati area? C. What is a safety margin? VI. Has the state submitted approvable emission inventories? A. The 2008 Ozone NAAQS and Emission Inventory Requirements B. Indiana’s Emission Inventories C. EPA’s Evaluation 1. Did the state adequately document the derivation of the emission estimates? 2. Did the state quality assure the emission estimates? 3. Did the state provide for public review of the requested SIP revision? VerDate Sep<11>2014 20:09 Dec 23, 2016 Jkt 241001 I. What are the actions EPA is proposing? EPA is proposing to take several related actions. EPA is proposing to determine that the Cincinnati nonattainment area is attaining the 2008 ozone standard, based on qualityassured and certified monitoring data for 2013–2015 and that the Indiana portion of this area has met the requirements for redesignation under section 107(d)(3)(E) of the CAA. EPA is thus proposing to approve IDEM’s request to change the legal designation of the Indiana portion of the Cincinnati area from nonattainment to attainment for the 2008 ozone standard. EPA is also proposing to approve, as a revision to the Indiana SIP, the state’s maintenance plan (such approval being one of the CAA criteria for redesignation to attainment status) for the area. The maintenance plan is designed to keep the Cincinnati area in attainment of the 2008 ozone NAAQS through 2030. Finally, EPA finds adequate and is proposing to approve the newlyestablished 2020 and 2030 MVEBs for the Indiana and Ohio portion of the Cincinnati area. The adequacy comment period for the MVEBs began on July 22, 2016, with EPA’s posting of the availability of the submittal on EPA’s Adequacy Web site (at http:// www.epa.gov/otaq/stateresources/ transconf/adequacy.htm). The adequacy comment period for these MVEBs ended on August 22, 2016. EPA did not receive any requests for this submittal, or adverse comments on this submittal during the adequacy comment period. In a letter dated August 23, 2016, EPA informed IDEM that we found the 2020 and 2030 MVEBs to be adequate for use in transportation conformity analyses. On September 27, 2016 (81 FR 66271), EPA published a notice of adequacy announcing this same finding. Please see section V.B. of this preamble, ‘‘What is the status of EPA’s adequacy determination for the proposed VOC and NOX MVEBs for the Indiana portion of the Cincinnati area,’’ for further explanation of this process. Therefore, we find adequate, and are proposing to approve, the States’ 2020 and 2030 MVEBs for transportation conformity purposes. On June 1, 2016, Indiana submitted a separate SIP revision to address emissions statements requirements, as discussed in section IV.B.1. of this preamble. EPA is taking action on the emissions statements SIP revision in a separate rulemaking. EPA will not PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 finalize this redesignation rulemaking without an earlier or simultaneous final approval of the separate emissions statements rulemaking. II. What is the background for these actions? EPA has determined that ground-level ozone is detrimental to human health. On March 12, 2008, EPA promulgated a revised ozone NAAQS of 0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). Under EPA’s regulations at 40 CFR part 50, the 2008 ozone NAAQS is attained in an area when the three-year average of the annual fourth highest daily maximum 8-hour average concentration is equal to or less than 0.075 ppm, when truncated after the thousandth decimal place, at all of the ozone monitoring sites in the area. See 40 CFR 50.15 and appendix P to 40 CFR part 50. Upon promulgation of a new or revised NAAQS, section 107(d)(1)(B) of the CAA requires EPA to designate as nonattainment any areas that are violating the NAAQS, based on the most recent three years of quality-assured ozone monitoring data. The Cincinnati area was designated as a marginal nonattainment area for the 2008 ozone NAAQS on May 21, 2012 (77 FR 30088) (effective July 20, 2012). In a final implementation rule for the 2008 ozone NAAQS (SIP Requirements Rule),1 EPA established ozone standard attainment dates based on table 1 of section 181(a) of the CAA. This established an attainment date three years after the July 20, 2012, effective designation date for areas classified as marginal nonattainment for the 2008 ozone NAAQS. Therefore, the attainment date for the Cincinnati area was July 20, 2015. On May 4, 2016 (81 FR 26697), in accordance with section 181(b)(2)(A) of the CAA and the provisions of the SIP Requirements Rule (40 CFR 51.1103), EPA made a determination that the Cincinnati area attained the standard by its July 20, 2015, attainment date for the 2008 ozone NAAQS. EPA’s determination was based upon three years of complete, 1 This rule, titled ‘‘Implementation of the 2008 National Ambient Air Quality Standards for Ozone: State Implementation Plan Requirements’’ and published at 80 FR 12264 (March 6, 2015), addresses nonattainment area SIP requirements for the 2008 ozone NAAQS, including requirements pertaining to attainment demonstrations, reasonable further progress (RFP), reasonably available control technology (RACT), reasonably available control measures (RACM), new source review (NSR), emission inventories, and the timing requirements for SIP submissions and compliance with emission control measures in the SIP. This rule also addresses the revocation of the 1997 ozone NAAQS and the anti-backsliding requirements that apply when the 1997 ozone NAAQS is revoked. E:\FR\FM\27DEP1.SGM 27DEP1 Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Proposed Rules quality-assured and certified data for the 2012–2014 period. III. What are the criteria for redesignation? Section 107(d)(3)(E) of the CAA allows redesignation of an area to attainment of the NAAQS provided that: (1) The Administrator (EPA) determines that the area has attained the NAAQS; (2) the Administrator has fully approved the applicable implementation plan for the area under section 110(k) of the CAA; (3) the Administrator determines that the improvement in air quality is due to permanent and enforceable reductions in emissions resulting from implementation of the applicable SIP, applicable Federal air pollutant control regulations, and other permanent and enforceable emission reductions; (4) the Administrator has fully approved a maintenance plan for the area as meeting the requirements of section 175A of the CAA; and (5) the state containing the area has met all requirements applicable to the area for the purposes of redesignation under section 110 and part D of the CAA. On April 16, 1992, EPA provided guidance on redesignations in the General Preamble for the Implementation of Title I of the CAA Amendments of 1990 (57 FR 13498) and supplemented this guidance on April 28, 1992 (57 FR 18070). EPA has provided further guidance on processing redesignation requests in the following documents: 1. ‘‘Ozone and Carbon Monoxide Design Value Calculations,’’ Memorandum from Bill Laxton. Director, Technical Support Division, June 18, 1990; 2. ‘‘Maintenance Plans for Redesignation of Ozone and Carbon Monoxide Nonattainment Areas,’’ Memorandum from G.T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch, April 30, 1992; 3. ‘‘Contingency Measures for Ozone and Carbon Monoxide (CO) Redesignations,’’ Memorandum from G.T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch, June 1, 1992; 4. ‘‘Procedures for Processing Requests to Redesignate Areas to Attainment,’’ Memorandum from John Calcagni, Director, Air Quality Management Division, September 4, 1992 (the ‘‘Calcagni Memorandum’’); 5. ‘‘State Implementation Plan (SIP) Actions Submitted in Response to Clean Air Act (CAA) Deadlines,’’ Memorandum from John Calcagni, Director, Air Quality Management Division, October 28, 1992; 6. ‘‘Technical Support Documents (TSDs) for Redesignation of Ozone and Carbon Monoxide (CO) Nonattainment Areas,’’ Memorandum from G.T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch, August 17, 1993; 7. ‘‘State Implementation Plan (SIP) Requirements for Areas Submitting Requests for Redesignation to Attainment of the Ozone and Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS) On or After November 15, 1992,’’ Memorandum from Michael H. Shapiro, Acting Assistant Administrator for Air and Radiation, September 17, 1993; 8. ‘‘Use of Actual Emissions in Maintenance Demonstrations for Ozone and CO Nonattainment Areas,’’ Memorandum from D. Kent Berry, Acting Director, Air Quality Management Division, November 30, 1993; 9. ‘‘Part D New Source Review (Part D NSR) Requirements for Areas Requesting Redesignation to Attainment,’’ Memorandum from Mary D. Nichols, Assistant Administrator for Air and Radiation, October 14, 1994; and 10. ‘‘Reasonable Further Progress, Attainment Demonstration, and Related Requirements for Ozone Nonattainment Areas Meeting the Ozone National Ambient Air Quality Standard,’’ Memorandum from John S. Seitz, Director, Office of Air Quality Planning and Standards, May 10, 1995. IV. What is EPA’s analysis of Indiana’s redesignation request? A. Has the Cincinnati area attained the 2008 ozone NAAQS? For redesignation of a nonattainment area to attainment, the CAA requires EPA to determine that the area has attained the applicable NAAQS (CAA section 107(d)(3)(E)(i)). An area is attaining the 2008 ozone NAAQS if it meets the 2008 ozone NAAQS, as 95083 determined in accordance with 40 CFR 50.15 and appendix P of part 50, based on three complete, consecutive calendar years of quality-assured air quality data for all monitoring sites in the area. To attain the NAAQS, the three-year average of the annual fourth-highest daily maximum 8-hour average ozone concentrations (ozone design values) at each monitor must not exceed 0.075 ppm. The air quality data must be collected and quality-assured in accordance with 40 CFR part 58 and recorded in EPA’s Air Quality System (AQS). Ambient air quality monitoring data for the three-year period must also meet data completeness requirements. An ozone design value is valid if daily maximum 8-hour average concentrations are available for at least 90% of the days within the ozone monitoring seasons,2 on average, for the three-year period, with a minimum data completeness of 75% during the ozone monitoring season of any year during the three-year period. See section 2.3 of appendix P to 40 CFR part 50. On May 4, 2016, in accordance with section 181(b)(2)(A) of the CAA and the provisions of the SIP Requirements Rule (40 CFR 51.1103), EPA made a determination that the Cincinnati area attained the standard by its July 20, 2015, attainment date for the 2008 ozone NAAQS. This determination was based upon three years of complete, quality-assured and certified data for the 2012–2014 period. In addition, EPA has reviewed the available ozone monitoring data from monitoring sites in the Cincinnati area for the 2013–2015 period. These data have been qualityassured, are recorded in the AQS, and have been certified. These data demonstrate that the Cincinnati area is attaining the 2008 ozone NAAQS. The annual fourth-highest 8-hour ozone concentrations and the three-year average of these concentrations (monitoring site ozone design values) for each monitoring site are summarized in Table 1. TABLE 1—ANNUAL 4TH HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS AND THREE-YEAR AVERAGE OF THE 4TH HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS FOR THE CINCINNATI AREA Monitor mstockstill on DSK3G9T082PROD with PROPOSALS State County Ohio ........................................ Butler ...................................... Clermont ................................ 2 The ozone season is defined by state in 40 CFR 58 appendix D. For the 2012–2014 and 2013–2015 periods, the ozone seasons for Ohio, Indiana, and VerDate Sep<11>2014 20:09 Dec 23, 2016 Jkt 241001 2013 4th high (ppm) 2014 4th high (ppm) 2015 4th high (ppm) 2013–2015 average (ppm) 39–017–0004 39–017–0018 39–017–9991 39–025–0022 0.068 0.068 0.069 0.066 0.070 0.069 0.069 0.068 0.070 0.070 0.068 0.070 0.069 0.069 0.068 0.068 Kentucky were April–October, April–September, and March–October, respectively. Beginning in 2016, the ozone seasons for Ohio, Indiana and PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 Kentucky are March–October. See, 80 FR 65292, 65466–67 (October 26, 2015). E:\FR\FM\27DEP1.SGM 27DEP1 95084 Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Proposed Rules TABLE 1—ANNUAL 4TH HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS AND THREE-YEAR AVERAGE OF THE 4TH HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS FOR THE CINCINNATI AREA—Continued State Monitor County Clinton .................................... Hamilton ................................. Kentucky ................................. Warren ................................... Boone ..................................... Campbell ................................ mstockstill on DSK3G9T082PROD with PROPOSALS The three-year ozone design value for 2013–2015 is 0.071 ppm,3 which meets the 2008 ozone NAAQS. Therefore, in this action, EPA proposes to determine that the Cincinnati area is attaining the 2008 ozone NAAQS. EPA will not take final action to determine that the Cincinnati area is attaining the NAAQS nor to approve the redesignation of this area if the design value of a monitoring site in the area exceeds the NAAQS after proposal but prior to final approval of the redesignation. Preliminary 2016 data indicate that this area continues to attain the 2008 ozone NAAQS. As discussed in section IV.D.3. of this preamble, IDEM has committed to continue monitoring ozone in this area to verify maintenance of the ozone standard. B. Has Indiana met all applicable requirements of section 110 and part D of the CAA for the Cincinnati area, and does the Indiana portion of the area have a fully approved SIP under section 110(k) of the CAA? As criteria for redesignation of an area from nonattainment to attainment of a NAAQS, the CAA requires EPA to determine that the state has met all applicable requirements under section 110 and part D of title I of the CAA (see section 107(d)(3)(E)(v) of the CAA) and that the state has a fully approved SIP under section 110(k) of the CAA (see section 107(d)(3)(E)(ii) of the CAA). We are proposing to determine that Indiana has met all currently applicable SIP requirements for purposes of redesignation of the Cincinnati area to attainment of the 2008 ozone standard under section 110 and part D of the CAA, in accordance with section 107(d)(3)(E)(v). We are also proposing to determine that the Indiana SIP, with the exception of the comprehensive emissions inventory and emissions statements rules, is fully approved with 3 The monitor ozone design value for the monitor with the highest three-year averaged concentration. VerDate Sep<11>2014 20:09 Dec 23, 2016 Jkt 241001 2013 4th high (ppm) 2014 4th high (ppm) 2015 4th high (ppm) 2013–2015 average (ppm) 39–027–1002 39–061–0006 39–061–0010 39–061–0040 39–165–0007 21–015–0003 21–037–3002 0.064 0.069 0.064 0.069 0.067 0.059 0.072 0.070 0.070 0.073 0.069 0.071 0.062 0.071 0.070 0.072 0.070 0.071 0.071 0.062 0.071 0.068 0.070 0.069 0.069 0.069 0.061 0.071 respect to all applicable requirements for purposes of redesignation to attainment of the 2008 ozone standard, in accordance with section 107(d)(3)(E)(ii) of the CAA. As discussed below, in this action EPA is proposing to approve Indiana’s 2011 comprehensive emissions inventory as meeting the comprehensive emissions inventory requirement of section 182(a)(1) for the area. EPA is taking action on the Indiana emissions statements rules required by section 182(a)(3)(B) in a separate rule. Recognizing that the comprehensive emissions inventory and emissions statements rules must be approved on or before the date we complete final rulemaking approving the redesignation requests, we determine here that, assuming that this occurs, Indiana will have met all applicable section 110 and part D SIP requirements of the CAA for purposes of approval of Indiana’s ozone redesignation request for the Cincinnati area and will have a fully approved SIP under section 110(k) of the CAA. In making these proposed determinations, EPA ascertained which CAA requirements are applicable to the Cincinnati area and the Indiana SIP and, if applicable, whether the required Indiana SIP elements are fully approved under section 110(k) and part D of the CAA. As discussed more fully below, SIPs must be fully approved only with respect to currently applicable requirements of the CAA. The September 4, 1992, Calcagni memorandum (see ‘‘Procedures for Processing Requests to Redesignate Areas to Attainment,’’ Memorandum from John Calcagni, Director, Air Quality Management Division, September 4, 1992) describes EPA’s interpretation of section 107(d)(3)(E) of the CAA. Under this interpretation, a state and the area it wishes to redesignate must meet the relevant CAA requirements that are due prior to the state’s submittal of a complete redesignation request for the area. See PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 also the September 17, 1993, Michael Shapiro memorandum and 60 FR 12459, 12465–66 (March 7, 1995) (redesignation of Detroit-Ann Arbor, Michigan to attainment of the 1-hour ozone NAAQS). Applicable requirements of the CAA that come due subsequent to the state’s submittal of a complete request remain applicable until a redesignation to attainment is approved, but are not required as a prerequisite to redesignation. See section 175A(c) of the CAA. Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004). See also 68 FR 25424, 25427 (May 12, 2003) (redesignation of the St. Louis/East St. Louis area to attainment of the 1-hour ozone NAAQS). 1. Indiana Has Met All Applicable Requirements of Section 110 and Part D of the CAA Applicable to the Indiana Portion of the Cincinnati Area for Purposes of Redesignation a. Section 110 General Requirements for Implementation Plans Section 110(a)(2) of the CAA delineates the general requirements for a SIP. Section 110(a)(2) provides that the SIP must have been adopted by the state after reasonable public notice and hearing, and that, among other things, it must: (1) Include enforceable emission limitations and other control measures, means or techniques necessary to meet the requirements of the CAA; (2) provide for establishment and operation of appropriate devices, methods, systems and procedures necessary to monitor ambient air quality; (3) provide for implementation of a source permit program to regulate the modification and construction of stationary sources within the areas covered by the plan; (4) include provisions for the implementation of part C prevention of significant deterioration (PSD) and part D new source review (NSR) permit programs; (5) include provisions for stationary source emission control measures, monitoring, and reporting; (6) include provisions for air quality E:\FR\FM\27DEP1.SGM 27DEP1 Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Proposed Rules modeling; and (7) provide for public and local agency participation in planning and emission control rule development. Section 110(a)(2)(D) of the CAA requires SIPs to contain measures to prevent sources in a state from significantly contributing to air quality problems in another state. To implement this provision, EPA has required certain states to establish programs to address transport of certain air pollutants, e.g., NOX SIP call.4 However, like many of the 110(a)(2) requirements, the section 110(a)(2)(D) SIP requirements are not linked with a particular area’s ozone designation and classification. EPA concludes that the SIP requirements linked with the area’s ozone designation and classification are the relevant measures to evaluate when reviewing a redesignation request for the area. The section 110(a)(2)(D) requirements, where applicable, continue to apply to a state regardless of the designation of any one particular area within the state. Thus, we believe these requirements are not applicable requirements for purposes of redesignation. See 65 FR 37890 (June 19, 2000), 68 FR 25418, 25426–27 (May 12, 2003). In addition, EPA believes that other section 110 elements that are neither connected with nonattainment plan submissions nor linked with an area’s ozone attainment status are not applicable requirements for purposes of redesignation. The area will still be subject to these requirements after the area is redesignated to attainment of the 2008 ozone NAAQS. The section 110 and part D requirements which are linked with a particular area’s designation and classification are the relevant measures to evaluate in reviewing a redesignation request. This approach is consistent with EPA’s existing policy on applicability (i.e., for redesignations) of conformity and oxygenated fuels requirements, as well as with section 184 ozone transport requirements. See Reading, Pennsylvania proposed and final rulemakings, 61 FR 53174–53176 (October 10, 1996) and 62 FR 24826 (May 7, 1997); Cleveland-Akron- mstockstill on DSK3G9T082PROD with PROPOSALS 4 On October 27, 1992 (63 FR 57356), EPA issued a NOX SIP call requiring the District of Columbia and 22 states to reduce emissions of NOX in order to reduce the transport of ozone and ozone precursors. In compliance with EPA’s NOX SIP call, Indiana developed rules governing the control of NOX emissions from Electric Generating Units (EGUs), major non-EGU industrial boilers and turbines, and major cement kilns. EPA approved Indiana’s rules as fulfilling Phase I of the NOX SIP Call on November 8, 2001 (66 FR 56465), and as meeting Phase II of the NOX SIP Call on October 1, 2007 (72 FR 55664). VerDate Sep<11>2014 20:09 Dec 23, 2016 Jkt 241001 Loraine, Ohio final rulemaking, 61 FR 20458 (May 7, 1996); and Tampa, Florida final rulemaking, 60 FR 62748 (December 7, 1995). See also the discussion of this issue in the Cincinnati, Ohio ozone redesignation (65 FR 37890, June 19, 2000), and the Pittsburgh, Pennsylvania ozone redesignation (66 FR 50399, October 19, 2001). We have reviewed Indiana’s SIP and have concluded that it meets the general SIP requirements under section 110 of the CAA, to the extent those requirements are applicable for purposes of redesignation. On April 29, 2015 (80 FR 23713), EPA approved elements of the SIP submitted by Indiana to meet the requirements of section 110 for the 2008 ozone standard. The requirements of section 110(a)(2), however, are statewide requirements that are not linked to the ozone nonattainment status of the Cincinnati area. Therefore, EPA concludes that these infrastructure requirements are not applicable requirements for purposes of review of the state’s ozone redesignation request. b. Part D Requirements Section 172(c) of the CAA sets forth the basic requirements of air quality plans for states with nonattainment areas that are required to submit them pursuant to section 172(b). Subpart 2 of part D, which includes section 182 of the CAA, establishes specific requirements for ozone nonattainment areas depending on the areas’ nonattainment classifications. The Cincinnati area was classified as marginal under subpart 2 for the 2008 ozone NAAQS. As such, the area is subject to the subpart 1 requirements contained in section 172(c) and section 176. Similarly, the area is subject to the subpart 2 requirements contained in section 182(a) (marginal nonattainment area requirements). A thorough discussion of the requirements contained in section 172(c) and 182 can be found in the General Preamble for Implementation of Title I (57 FR 13498). i. Subpart 1 Section 172 Requirements As provided in subpart 2, for marginal ozone nonattainment areas such as the Cincinnati area, the specific requirements of section 182(a) apply in lieu of the attainment planning requirements that would otherwise apply under section 172(c), including the attainment demonstration and reasonably available control measures (RACM) under section 172(c)(1), reasonable further progress (RFP) under section 172(c)(2), and contingency PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 95085 measures under section 172(c)(9). 42 U.S.C. 7511a(a). Section 172(c)(3) requires submission and approval of a comprehensive, accurate and current inventory of actual emissions. This requirement is superseded by the inventory requirement in section 182(a)(1) discussed below. Section 172(c)(4) requires the identification and quantification of allowable emissions for major new and modified stationary sources in an area, and section 172(c)(5) requires source permits for the construction and operation of new and modified major stationary sources anywhere in the nonattainment area. EPA approved Indiana’s NSR program on October 7, 1994 (59 FR 51108), and approved revisions to Indiana’s NSR program on June 18, 2007 (72 FR 33395), July 8, 2011 (76 FR 40242), and July 2, 2014 (79 FR 37646). Nonetheless, EPA has determined that, since PSD requirements will apply after redesignation, areas being redesignated need not comply with the requirement that a NSR program be approved prior to redesignation, provided that the area demonstrates maintenance of the NAAQS without part D NSR. A more detailed rationale for this view is described in a memorandum from Mary Nichols, Assistant Administrator for Air and Radiation, dated October 14, 1994, entitled, ‘‘Part D New Source Review Requirements for Areas Requesting Redesignation to Attainment.’’ Indiana has demonstrated that the Cincinnati area will be able to maintain the standard without part D NSR in effect; therefore, EPA concludes that the state need not have a fully approved part D NSR program prior to approval of the redesignation request. See rulemakings for Detroit, Michigan (60 FR 12467– 12468, March 7, 1995); ClevelandAkron-Lorain, Ohio (61 FR 20458, 20469–20470, May 7, 1996); Louisville, Kentucky (66 FR 53665, October 23, 2001); and Grand Rapids, Michigan (61 FR 31834–31837, June 21, 1996). Indiana’s PSD program will become effective in the Cincinnati area upon redesignation to attainment. EPA conditionally approved Indiana’s PSD program on March 3, 2003 (68 FR 9892), fully approved Indiana’s PSD program on May 20, 2004 (69 FR 29071), and approved revisions to Indiana’s PSD program on July 8, 2011 (76 FR 40242), September 28, 2011 (76 FR 59899), and July 2, 2014 (79 FR 37646). Section 172(c)(6) requires the SIP to contain control measures necessary to provide for attainment of the NAAQS. Because attainment has been reached, E:\FR\FM\27DEP1.SGM 27DEP1 95086 Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Proposed Rules no additional measures are needed to provide for attainment. Section 172(c)(7) requires the SIP to meet the applicable provisions of section 110(a)(2). As noted above, we believe the Indiana SIP meets the requirements of section 110(a)(2) for purposes of redesignation. ii. Section 176 Conformity Requirements Section 176(c) of the CAA requires states to establish criteria and procedures to ensure that Federally supported or funded projects conform to the air quality planning goals in the applicable SIP. The requirement to determine conformity applies to transportation plans, programs and projects that are developed, funded or approved under title 23 of the United States Code (U.S.C.) and the Federal Transit Act (transportation conformity) as well as to all other Federally supported or funded projects (general conformity). State transportation conformity SIP revisions must be consistent with Federal conformity regulations relating to consultation, enforcement and enforceability that EPA promulgated pursuant to its authority under the CAA. EPA interprets the conformity SIP requirements 5 as not applying for purposes of evaluating a redesignation request under section 107(d) because state conformity rules are still required after redesignation and Federal conformity rules apply where state conformity rules have not been approved. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001) (upholding this interpretation); see also 60 FR 62748 (December 7, 1995) (redesignation of Tampa, Florida). Nonetheless, Indiana has an approved conformity SIP for the Cincinnati area. See 80 FR 11133 (March 2, 2015). mstockstill on DSK3G9T082PROD with PROPOSALS iii. Section 182(a) Requirements Section 182(a)(1) requires states to submit a comprehensive, accurate, and current inventory of actual emissions from sources of VOC and NOX emitted within the boundaries of the ozone nonattainment area. As part of Indiana’s redesignation request for the Cincinnati area, the state submitted a 2011 base year emissions inventory. As discussed in section VI. of this preamble, EPA is proposing to approve the 2011 base year 5 CAA section 176(c)(4)(E) requires states to submit revisions to their SIPs to reflect certain Federal criteria and procedures for determining transportation conformity. Transportation conformity SIPs are different from SIPs requiring the development of Motor Vehicle Emission Budgets (MVEBs), such as control strategy SIPs and maintenance plans. VerDate Sep<11>2014 20:09 Dec 23, 2016 Jkt 241001 inventory that Indiana submitted with the redesignation request as meeting the section 182(a)(1) emissions inventory requirement. Under section 182(a)(2)(A), states with ozone nonattainment areas that were designated prior to the enactment of the 1990 CAA amendments were required to submit, within six months of classification, all rules and corrections to existing VOC reasonably available control technology (RACT) rules that were required under section 172(b)(3) prior to the 1990 CAA amendments. The Indiana portion of the Cincinnati area is not subject to the section 182(a)(2) RACT ‘‘fix up’’ requirement for the 2008 ozone NAAQS because it was not subject to RACT prior to the enactment of the 1990 CAA amendments. Section 182(a)(2)(B) requires each state with a marginal ozone nonattainment area that implemented or was required to implement a vehicle inspection and maintenance (I/M) program prior to the 1990 CAA amendments to submit a SIP revision for an I/M program no less stringent than that required prior to the 1990 CAA amendments or already in the SIP at the time of the CAA amendments, whichever is more stringent. For the purposes of the 2008 ozone standard and the consideration of Indiana’s redesignation request for this standard, the Indiana portion of the Cincinnati area is not subject to the section 182(a)(2)(B) requirement because it was not designated as nonattainment for any ozone standard prior to the enactment of the 1990 CAA amendments and did not have an I/M program before 1990. Regarding the source permitting and offset requirements of section 182(a)(2)(C) and section 182(a)(4), Indiana currently has a fully-approved part D NSR program in place. EPA conditionally approved Indiana’s PSD program on March 3, 2003 (68 FR 9892), fully approved Indiana’s PSD program on May 20, 2004 (69 FR 29071), and approved revisions to Indiana’s PSD program on July 8, 2011 (76 FR 40242), September 28, 2011 (76 FR 59899), and July 2, 2014 (79 FR 37646). As discussed above, Indiana has demonstrated that the Cincinnati area will be able to maintain the standard without part D NSR in effect; therefore, EPA concludes that the state need not have a fully approved part D NSR program prior to approval of the redesignation request. The state’s PSD program will become effective in the Cincinnati area upon redesignation to attainment. Section 182(a)(3)(A) requires states to submit periodic emission inventories and section 182(a)(3)(B) requires states to submit a revision to the SIP to require PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 the owners or operators of stationary sources to annually submit emissions statements documenting actual VOC and NOX emissions. As discussed in section IV.D.4. of this preamble, Indiana will continue to update its emissions inventory at least once every three years. With regard to stationary source emissions statements, Indiana submitted a SIP revision to address these requirements on June 1, 2016. EPA is taking action on this revision in a separate rulemaking action. Full approval of Indiana’s emissions statements rules is a prerequisite for approval of the redesignation of the Cincinnati area to attainment. Upon approval of Indiana’s emissions inventory and emissions statements rules, the Indiana portion of the Cincinnati area will have satisfied all applicable requirements for purposes of redesignation under section 110 and part D of title I of the CAA. 2. The Indiana Portion of the Cincinnati Area Has a Fully Approved SIP for Purposes of Redesignation Under Section 110(k) of the CAA Indiana has adopted and submitted and EPA has approved at various times, provisions addressing the various SIP elements applicable for the ozone NAAQS. In this action, EPA is proposing to approve Indiana’s 2011 comprehensive emissions inventory for the Cincinnati area as meeting the requirement of section 182(a)(1) of the CAA. In a separate rule, EPA will take action on the Indiana emissions statements rules submittal. As discussed above, if EPA issues a final approval of the comprehensive emissions inventory and Indiana’s emissions statements rules submittals, EPA will have fully approved the Indiana SIP for the Cincinnati 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 the Calcagni memorandum at page 3; Southwestern Pennsylvania Growth Alliance v. Browner, 144 F.3d 984, 989–990 (6th Cir. 1998); Wall v. EPA, 265 F.3d 426), plus any additional measures it may approve in conjunction with a redesignation action (see 68 FR 25426 (May 12, 2003) and citations therein). C. Are the air quality improvements in the Cincinnati area due to permanent and enforceable emission reductions? To support the redesignation of an area from nonattainment to attainment, section 107(d)(3)(E)(iii) of the CAA requires EPA to determine that the air quality improvement in the area is due to permanent and enforceable E:\FR\FM\27DEP1.SGM 27DEP1 Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Proposed Rules reductions in emissions resulting from the implementation of the SIP and applicable Federal air pollution control regulations and other permanent and other permanent and enforceable emission reductions. EPA has determined that Indiana has demonstrated that that the observed ozone air quality improvement in the Cincinnati area is due to permanent and enforceable reductions in VOC and NOX emissions resulting from state measures adopted into the SIP and Federal measures. In making this demonstration, the state has calculated the change in emissions between 2011 and 2014. The reduction in emissions and the corresponding improvement in air quality over this period can be attributed to a number of regulatory control measures that the Cincinnati area and upwind areas have implemented in recent years. In addition, IDEM provided an analysis to demonstrate the improvement in air quality was not due to unusually favorable meteorology. Based on the information summarized below, Indiana has adequately demonstrated that the improvement in air quality is due to permanent and enforceable emissions reductions. 1. Permanent and Enforceable Emission Controls Implemented mstockstill on DSK3G9T082PROD with PROPOSALS a. Regional NOX Controls Clean Air Interstate Rule (CAIR)/Cross State Air Pollution Rule (CSAPR). CAIR created regional cap-and-trade programs to reduce sulfur dioxide (SO2) and NOX emissions in 27 eastern states, including Indiana, that contributed to downwind nonattainment and maintenance of the 1997 ozone NAAQS and the 1997 fine particulate matter (PM2.5) NAAQS. See 70 FR 25162 (May 12, 2005). EPA approved Indiana’s CAIR regulations into the Indiana SIP on October 22, 2007 (72 FR 59480) and November 29, 2010 (75 FR 72956). In 2008, the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) initially vacated CAIR, North Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 2008), but ultimately remanded the rule to EPA without vacatur to preserve the environmental benefits provided by CAIR, North Carolina v. EPA, 550 F.3d 1176, 1178 (D.C. Cir. 2008). On August 8, 2011 (76 FR 48208), acting on the D.C. Circuit’s remand, EPA promulgated CSAPR to replace CAIR and thus to address the interstate transport of emissions contributing to nonattainment and interfering with maintenance of the two air quality standards covered by CAIR as well as the 2006 PM2.5 NAAQS. VerDate Sep<11>2014 20:09 Dec 23, 2016 Jkt 241001 95087 average sulfur level, with a maximum cap of 80 ppm. This reduction in fuel sulfur content ensures the effectiveness of low emission-control technologies. The Tier 2 tailpipe standards established in this rule were phased in for new vehicles between 2004 and 2009. EPA estimates that, when fully implemented, this rule will cut NOX and VOC emissions from light-duty vehicles and light-duty trucks by approximately 76% and 28%, respectively. NOX and VOC reductions from medium-duty passenger vehicles included as part of the Tier 2 vehicle program are estimated to be approximately 37,000 and 9,500 tons per year, respectively, when fully implemented. In addition, EPA estimates that beginning in 2007, a reduction of 30,000 tons per year of NOX will result from the benefits of sulfur control on heavy-duty gasoline vehicles. Some of these emission reductions occurred by the attainment years and additional emission reductions will occur throughout the maintenance period, as older vehicles are replaced with newer, compliant model years. Tier 3 Emission Standards for Vehicles and Gasoline Sulfur Standards. On April 28, 2014 (79 FR 23414), EPA promulgated Tier 3 motor vehicle emission and fuel standards to reduce both tailpipe and evaporative emissions and to further reduce the sulfur content in fuels. The rule will be phased in between 2017 and 2025. Tier 3 sets new tailpipe standards for the sum of VOC and NOX and for particulate matter. The VOC and NOX tailpipe standards for light-duty vehicles represent b. Federal Emission Control Measures approximately an 80% reduction from today’s fleet average and a 70% Reductions in VOC and NOX reduction in per-vehicle particulate emissions have occurred statewide and matter (PM) standards. Heavy-duty in upwind areas as a result of Federal tailpipe standards represent about a emission control measures, with additional emission reductions expected 60% reduction in both fleet average VOC and NOX and per-vehicle PM to occur in the future. Federal emission control measures include the following. standards. The evaporative emissions requirements in the rule will result in Tier 2 Emission Standards for Vehicles and Gasoline Sulfur Standards. approximately a 50% reduction from On February 10, 2000 (65 FR 6698), EPA current standards and apply to all lightduty and onroad gasoline-powered promulgated Tier 2 motor vehicle heavy-duty vehicles. Finally, the rule emission standards and gasoline sulfur lowers the sulfur content of gasoline to control requirements. These emission an annual average of 10 ppm by January control requirements result in lower 2017. While these reductions did not VOC and NOX emissions from new cars aid the area in attaining the standard, and light duty trucks, including sport emission reductions will occur during utility vehicles. With respect to fuels, this rule required refiners and importers the maintenance period. Heavy-Duty Diesel Engine Rules. In of gasoline to meet lower standards for July 2000, EPA issued a rule for onsulfur in gasoline, which were phased highway heavy-duty diesel engines that in between 2004 and 2006. By 2006, refiners were required to meet a 30 ppm includes standards limiting the sulfur content of diesel fuel. Emissions standards for NOX, VOC and PM were 6 EME Homer City Generation, L.P. v. EPA, 696 F.3d 7, 38 (D.C. Cir. 2012). phased in between model years 2007 CSAPR requires substantial reductions of SO2 and NOX emissions from electric generating units (EGUs) in 28 states in the Eastern United States. The D.C. Circuit’s initial vacatur of CSAPR 6 was reversed by the United States Supreme Court on April 29, 2014, and the case was remanded to the D.C. Circuit to resolve remaining issues in accordance with the high court’s ruling. EPA v. EME Homer City Generation, L.P., 134 S. Ct. 1584 (2014). On remand, the D.C. Circuit affirmed CSAPR in most respects, but invalidated without vacating some of the CSAPR budgets as to a number of states. EME Homer City Generation, L.P. v. EPA, 795 F.3d 118 (D.C. Cir. 2015). This litigation ultimately delayed implementation of CSAPR for three years, from January 1, 2012, when CSAPR’s cap-and-trade programs were originally scheduled to replace the CAIR cap-and-trade programs, to January 1, 2015. Thus, the rule’s Phase 2 budgets were originally promulgated to begin on January 1, 2014, and are now scheduled to begin on January 1, 2017. On October 26, 2016 (81 FR 74504), EPA published the CSAPR Update for the 2008 ozone NAAQS, which resolves the invalidation of Phase 2 budgets by the D.C. Circuit. That action promulgates new NOX ozone season budgets addressing interstate transport with respect to the 2008 ozone NAAQS that take effect in 2017. The reduction in NOX emissions from the implementation of CSAPR will result in lower concentrations of transported ozone entering the Cincinnati area throughout the maintenance period. PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\27DEP1.SGM 27DEP1 mstockstill on DSK3G9T082PROD with PROPOSALS 95088 Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Proposed Rules and 2010. In addition, the rule reduced the highway diesel fuel sulfur content to 15 parts per million by 2007, leading to additional reductions in combustion NOX and VOC emissions. EPA has estimated future year emission reductions due to implementation of this rulemaking. Nationally, EPA estimated that 2015 NOX and VOC emissions would decrease by 1,260,000 tons and 54,000 tons, respectively. Nationally, EPA estimated that 2030 NOX and VOC emissions will decrease by 2,570,000 tons and 115,000 tons, respectively. As projected by these estimates and demonstrated in the onroad emission modeling for the Cincinnati area, some of these emission reductions occurred by the attainment years and additional emission reductions will occur throughout the maintenance period, as older vehicles are replaced with newer, compliant model years. Nonroad Diesel Rule. On June 29, 2004 (69 FR 38958), EPA issued a rule adopting emissions standards for nonroad diesel engines and sulfur reductions in nonroad diesel fuel. This rule applies to diesel engines used primarily in construction, agricultural, and industrial applications. Emission standards are phased in for 2008 through 2015 model years based on engine size. The SO2 limits for nonroad diesel fuels were phased in from 2007 through 2012. EPA estimates that when fully implemented, compliance with this rule will cut NOX emissions from these nonroad diesel engines by approximately 90%. Some of these emission reductions occurred by the attainment years and additional emission reductions will occur throughout the maintenance period. Nonroad Spark-Ignition Engines and Recreational Engine Standards. On November 8, 2002 (67 FR 68242), EPA adopted emission standards for large spark-ignition engines such as those used in forklifts and airport groundservice equipment; recreational vehicles such as off-highway motorcycles, allterrain vehicles, and snowmobiles; and recreational marine diesel engines. These emission standards are phased in from model year 2004 through 2012. When fully implemented, EPA estimates an overall 72% reduction in VOC emissions from these engines and an 80% reduction in NOX emissions. Some of these emission reductions occurred by the attainment years and additional VerDate Sep<11>2014 20:09 Dec 23, 2016 Jkt 241001 emission reductions will occur throughout the maintenance period. National Emission Standards for Hazardous Air Pollutants (NESHAP) for Reciprocating Internal Combustion Engines. On March 3, 2010 (75 FR 9648), EPA issued a rule to reduce hazardous air pollutants from existing diesel powered stationary reciprocating internal combustion engines, also known as compression ignition engines. Amendments to this rule were finalized on January 14, 2013 (78 FR 6674). EPA estimated that when this rule is fully implemented in 2013, NOX and VOC emissions from these engines will be reduced by approximately 9,600 and 36,000 tons per year, respectively. Category 3 Marine Diesel Engine Standards. On April 30, 2010 (75 FR 22896) EPA issued emission standards for marine compression-ignition engines at or above 30 liters per cylinder. Tier 2 emission standards apply beginning in 2011, and are expected to result in a 15% to 25% reduction in NOX emissions from these engines. Final Tier 3 emission standards apply beginning in 2016 and are expected to result in approximately an 80% reduction in NOX from these engines. Some of these emission reductions occurred by the attainment years and additional emission reductions will occur throughout the maintenance period. c. Control Measures Specific to the Cincinnati Area Changes at several EGUs have resulted in reductions in NOX emissions. Tanner’s Creek Generating Station in Dearborn County, Indiana permanently shut down in May 2015. Prior to the shutdown, NOX emissions had dropped from 15.08 tons per summer day (TPSD) in 2011 to 10.6 TPSD in 2014. The Walter C. Beckjord facility in Clermont County, Ohio permanently shut down in October of 2014. Prior to the shutdown, NOX emissions from EGUs in Clermont County dropped from 43.41 TPSD in 2011 to 41.17 TPSD in 2014, partly attributable to the Walter C. Beckjord facility. Finally, Unit 3 (163 megawatts) of the Miami Fort facility in Hamilton County, Ohio permanently shut down in June of 2015. Prior to shutdown, NOX emissions from EGUs in Hamilton County dropped from 17.72 TPSD in 2011 to 17.46 TPSD in 2014, partly attributable to reductions at unit 3 at Miami Fort. PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 2. Emission Reductions Indiana is using a 2011 inventory as the nonattainment base year. Area, nonroad mobile, airport related emissions (AIR), and point source emissions (EGUs and non-EGUs) were collected from the Ozone NAAQS Implementation Modeling platform (2011v6.1). For 2011, this represents actual data reported to EPA by the states for the 2011 National Emissions inventory (NEI). Because emissions from state inventory databases, the NEI, and the Ozone NAAQS Emissions Modeling platform are annual totals, tons per summer day were derived according to EPA’s guidance document ‘‘Temporal Allocation of Annual Emissions Using EMCH Temporal Profiles’’ dated April 29 2002, using the temporal allocation references accompanying the 2011v6.1 modeling inventory files. Onroad mobile source emissions were developed in conjunction with the Ohio-Kentucky-Indiana Regional Council of Governments (OKI) and were calculated from emission factors produced by EPA’s 2014 Motor Vehicle Emission Simulator (MOVES) model and data extracted from the region’s travel-demand model. For the attainment inventory, Indiana is using 2014, one of the years the Cincinnati area monitored attainment of the 2008 ozone standard. Because the 2014 NEI inventory was not available at the time IDEM was compiling the redesignation request, the state was unable to use the 2014 NEI inventory directly. For area, nonroad mobile, and AIR, 2014 emissions were derived by interpolating between 2011 and 2018 Ozone NAAQS Emissions Modeling platform inventories. The point source sector for the 2014 inventory was developed using actual 2014 point source emissions reported to the state databases, which serve as the basis for the point source emissions reported to EPA for the NEI. Summer day inventories were derived for these sectors using the methodology described above. Finally, onroad mobile source emissions were developed in conjunction with OKI using the same methodology described above for the 2011 inventory. Using the inventories described above, Indiana’s submittal documents changes in VOC and NOX emissions from 2011 to 2014 for the Cincinnati area. Emissions data are shown in Tables 2 through 7. E:\FR\FM\27DEP1.SGM 27DEP1 Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Proposed Rules 95089 TABLE 2—CINCINNATI AREA NOX EMISSIONS FOR NONATTAINMENT YEAR 2011 [TPSD] County Point Indiana: Dearborn ........................................... Ohio: Butler ................................................. Clermont ........................................... Clinton ............................................... Hamilton ............................................ Warren .............................................. Kentucky: Boone ................................................ Campbell ........................................... Kenton ............................................... Area Totals ................................ AIR Nonroad Area Onroad Total 17.79 0.00 0.53 0.47 1.89 20.68 10.67 43.55 0.00 26.29 1.55 0.02 0.00 0.00 0.02 0.00 4.27 2.27 1.15 8.56 3.24 4.78 1.14 0.52 10.09 1.66 12.24 7.52 4.53 33.69 9.84 31.98 54.48 6.20 78.65 16.29 7.19 0.17 0.01 2.03 0.00 0.00 1.06 0.38 0.77 0.43 0.49 1.02 6.90 4.30 6.53 17.61 5.34 8.33 107.22 2.07 22.23 20.60 87.44 239.56 TABLE 3—CINCINNATI AREA VOC EMISSIONS FOR NONATTAINMENT YEAR 2011 [TPSD] County Point Indiana: Dearborn ........................................... Ohio: Butler ................................................. Clermont ........................................... Clinton ............................................... Hamilton ............................................ Warren .............................................. Kentucky: Boone ................................................ Campbell ........................................... Kenton ............................................... AIR Nonroad Area Onroad Total 4.28 0.42 1.75 1.33 7.78 3.09 0.49 0.00 2.62 0.62 0.03 0.01 0.01 0.04 0.01 2.93 1.95 0.84 7.44 2.12 9.59 5.41 2.49 21.88 5.71 10.21 6.27 2.27 28.09 8.21 25.85 14.13 5.61 60.07 16.67 1.73 0.22 0.51 0.42 0.00 0.00 1.49 0.40 0.62 2.66 1.29 2.51 3.30 2.05 3.12 9.60 3.96 6.76 13.56 Area Totals ................................ 0.00 0.52 18.21 53.29 64.85 150.43 TABLE 4—CINCINNATI AREA NOX EMISSIONS FOR ATTAINMENT YEAR 2014 [TPSD] County Point Indiana: Dearborn ........................................... Ohio: Butler ................................................. Clermont ........................................... Clinton ............................................... Hamilton ............................................ Warren .............................................. Kentucky: Boone ................................................ Campbell ........................................... Kenton ............................................... AIR Nonroad Area Onroad Total 11.74 0.44 0.47 1.37 14.02 12.70 41.20 0.00 21.65 0.96 0.02 0.00 0.00 0.02 0.00 3.39 1.81 0.96 6.76 2.55 4.78 1.14 0.52 10.08 1.66 8.85 5.44 3.51 24.37 7.12 29.74 49.59 4.99 62.88 12.29 7.37 0.17 0.01 2.07 0.00 0.00 0.88 0.32 0.64 0.43 0.49 1.02 5.46 3.41 5.17 16.21 4.39 6.84 95.80 Area Totals ................................ 0.00 2.11 17.75 20.59 64.70 200.95 TABLE 5—CINCINNATI AREA VOC EMISSIONS FOR ATTAINMENT YEAR 2014 mstockstill on DSK3G9T082PROD with PROPOSALS [TPSD] County Point Indiana: Dearborn ........................................... Ohio: Butler ................................................. Clermont ........................................... Clinton ............................................... Hamilton ............................................ VerDate Sep<11>2014 21:01 Dec 23, 2016 Jkt 241001 AIR Nonroad Area Onroad Total 5.54 0.36 1.75 0.99 8.64 2.96 0.63 0.01 2.73 PO 00000 0.00 0.03 0.01 0.01 0.04 2.61 1.73 0.71 6.54 9.51 5.36 2.51 21.66 7.59 4.66 1.53 20.88 22.70 12.39 4.77 51.85 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\27DEP1.SGM 27DEP1 95090 Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Proposed Rules TABLE 5—CINCINNATI AREA VOC EMISSIONS FOR ATTAINMENT YEAR 2014—Continued [TPSD] County Point AIR Nonroad Area Onroad Total Warren .............................................. Kentucky: Boone ................................................ Campbell ........................................... Kenton ............................................... 0.51 0.01 1.93 5.66 6.10 14.21 1.73 0.22 0.51 0.42 0.00 0.00 1.30 0.34 0.55 2.56 1.26 2.43 2.53 1.58 2.39 8.54 3.40 5.88 Area Totals ................................ 14.84 0.52 16.07 52.70 48.25 132.38 TABLE 6—CHANGE IN NOX AND VOC EMISSIONS BETWEEN 2011 AND 2014 FOR THE INDIANA PORTION OF THE CINCINNATI AREA [TPSD] NOX 2011 VOC Net change (2011–2014) 2014 2011 Net change (2011–2014) 2014 Point ......................................................... AIR ........................................................... Nonroad ................................................... Area .......................................................... Onroad ..................................................... 17.79 0.00 0.53 0.47 1.89 11.74 0.00 0.44 0.47 1.37 ¥6.05 0.00 ¥0.09 0.00 ¥0.52 4.28 0.00 0.42 1.75 1.33 5.54 0.00 0.36 1.75 0.99 1.26 0.00 ¥0.06 0.00 ¥0.34 Total .................................................. 20.68 14.02 ¥6.66 7.78 8.64 0.86 TABLE 7—CHANGE IN NOX AND VOC EMISSIONS BETWEEN 2011 AND 2014 FOR THE ENTIRE CINCINNATI AREA [TPSD] NOX 2011 VOC Net change (2011–2014) 2014 2011 2014 Net change (2011–2014) Point ......................................................... AIR ........................................................... Nonroad ................................................... Area .......................................................... Onroad ..................................................... 107.22 2.07 22.23 20.60 87.44 95.80 2.11 17.75 20.59 64.70 ¥11.42 0.04 ¥4.48 ¥0.01 ¥22.74 13.56 0.52 18.21 53.29 64.85 14.84 0.52 16.07 52.70 48.25 1.28 0.00 ¥2.14 ¥0.59 ¥16.60 Total .................................................. 239.56 200.95 ¥38.61 150.43 132.38 ¥18.05 Table 7 shows that the Cincinnati area reduced NOX and VOC emissions by 38.61 TPSD and 18.05 TPSD, respectively, between 2011 and 2014. As shown in Table 6, the Indiana portion of the Cincinnati area alone reduced NOX emissions by 6.66 TPSD, but VOC emissions increased slightly by 0.86 TPSD, between 2011 and 2014. However, overall there was a substantial decrease in both NOX and VOC emissions for the entire Cincinnati area. mstockstill on DSK3G9T082PROD with PROPOSALS 3. Meteorology. To further support IDEM’s demonstration that the improvement in air quality between the year violations occurred and the year attainment was achieved, is due to permanent and enforceable emission reductions and not on favorable meteorology, an analysis was performed by the Lake Michigan Air Directors Consortium (LADCO). A VerDate Sep<11>2014 22:52 Dec 23, 2016 Jkt 241001 classification and regression tree (CART) analysis was conducted with 2000 through 2014 data from three Cincinnati area ozone sites. The goal of the analysis was to determine the meteorological and air quality conditions associated with ozone episodes, and construct trends for the days identified as sharing similar meteorological conditions. Regression trees were developed for the three monitors to classify each summer day by its ozone concentration and associated meteorological conditions. By grouping days with similar meteorology, the influence of meteorological variability on the underlying trend in ozone concentrations is partially removed and the remaining trend is presumed to be due to trends in precursor emissions or other non-meteorological influences. The CART analysis showed that, PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 reducing the impact of meteorology, the resulting trends in ozone concentrations declined over the period examined, supporting the conclusion that the improvement in air quality was not due to unusually favorable meteorology. D. Does Indiana have a fully approvable ozone maintenance plan for the Cincinnati area? As one of the criteria for redesignation to attainment section 107(d)(3)(E)(iv) of the CAA requires EPA to determine that the area has a fully approved maintenance plan pursuant to section 175A of the CAA. Section 175A of the CAA sets forth the elements of a maintenance plan for areas seeking redesignation from nonattainment to attainment. Under section 175A, the maintenance plan must demonstrate continued attainment of the NAAQS for at least 10 years after the Administrator E:\FR\FM\27DEP1.SGM 27DEP1 Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Proposed Rules approves a redsignation to attainment. Eight years after the redesignation, the state must submit a revised maintenance plan which demonstrates that attainment of the NAAQS will continue for an additional 10 years beyond the initial 10-year maintenance period. To address the possibility of future NAAQS violations, the maintenance plan must contain contingency measures, as EPA deems necessary, to assure prompt correction of the future NAAQS violation. The Calcagni Memorandum provides further guidance on the content of a maintenance plan, explaining that a maintenance plan should address five elements: (1) An attainment emission inventory; (2) a maintenance demonstration; (3) a commitment for continued air quality monitoring; (4) a process for verification of continued attainment; and (5) a contingency plan. In conjunction with its request to redesignate the Indiana portion of the Cincinnati area to attainment for the 2008 ozone standard, IDEM submitted a SIP revision to provide for maintenance of the 2008 ozone standard through 2030, more than 10 years after the expected effective date of the redesignation to attainment. As is discussed more fully below, EPA proposes to find that Indiana’s ozone maintenance plan includes the necessary components and is proposing to approve the maintenance plan as a revision of the Indiana SIP. 1. Attainment Inventory EPA is proposing to determine that the Cincinnati area has attained the 2008 ozone NAAQS based on monitoring data for the period of 2013– 2015. IDEM selected 2014 as the attainment emissions inventory year to establish attainment emission levels for VOC and NOX. The attainment emissions inventory identifies the levels of emissions in the Cincinnati area that are sufficient to attain the 2008 ozone NAAQS. The derivation of the attainment year emissions was discussed above in section IV.C.2. of this premble. The attainment level emissions, by source category, are summarized in Tables 4 and 5 above. 2. Has the state documented maintenance of the ozone standard in the Cincinnati area? Indiana has demonstrated maintenance of the 2008 ozone standard through 2030 by assuring that current and future emissions of VOC and NOX for the Cincinnati area remain at or below attainment year emission levels. A maintenance demonstration need not be based on modeling. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001), Sierra Club v. EPA, 375 F. 3d 537 (7th Cir. 2004). See also 66 FR 53094, 53099–53100 95091 (October 19, 2001), 68 FR 25413, 25430– 25432 (May 12, 2003). Indiana is using emissions inventories for the years 2020 and 2030 to demonstrate maintenance. 2030 is more than 10 years after the expected effective date of the redesignation to attainment and 2020 was selected to demonstrate that emissions are not expected to spike in the interim between the attainment year and the final maintenance year. The emissions inventories were developed as described below. To develop the 2020 and 2030 inventories, the state collected data from the Ozone NAAQS Emissions Modeling platform (2011v6.1) inventories for years 2011, 2018 and 2025. 2020 emissions for area, nonroad mobile, AIR, and point source sectors were derived by interpolating between 2018 and 2025. 2030 emissions for area, nonroad mobile, AIR, and point source sectors were derived using the TREND function in Excel. If the trend function resulted in a negative value the emissions were assumed not to change. Summer day inventories were derived for these sectors using the methodology described in section IV.C.2. above. Finally, onroad mobile source emissions were developed in conjunction with OKI using the same methodology described in section IV.C.2. above for the 2011 inventory. Emissions data are shown in Tables 8 through 13 below. TABLE 8—CINCINNATI AREA NOX EMISSIONS FOR INTERIM MAINTENANCE YEAR 2020 [TPSD] County Point Indiana: Dearborn ........................................... Ohio: Butler ................................................. Clermont ........................................... Clinton ............................................... Hamilton ............................................ Warren .............................................. Kentucky: Boone ................................................ Campbell ........................................... Kenton ............................................... AIR Nonroad Area Onroad Total 2.96 0.30 0.48 0.74 4.48 9.77 31.32 0.00 18.73 1.54 0.02 0.00 0.00 0.02 0.00 2.03 1.11 0.64 4.06 1.50 4.78 1.14 0.52 10.08 1.66 4.74 2.91 1.86 13.05 3.81 21.34 36.48 3.02 45.94 8.51 7.86 0.17 0.01 2.29 0.00 0.00 0.60 0.23 0.43 0.43 0.49 1.02 2.41 1.50 2.28 13.59 2.39 3.74 72.36 Area Totals ................................ 0.00 2.33 10.90 20.60 33.30 139.49 TABLE 9—CINCINNATI AREA VOC EMISSIONS FOR INTERIM MAINTENANCE YEAR 2020 mstockstill on DSK3G9T082PROD with PROPOSALS [TPSD] County Point Indiana: Dearborn ........................................... Ohio: Butler ................................................. Clermont ........................................... Clinton ............................................... Hamilton ............................................ VerDate Sep<11>2014 21:01 Dec 23, 2016 Jkt 241001 AIR Nonroad Area Onroad Total 4.06 0.29 1.77 0.62 6.74 2.98 0.51 0.00 2.54 PO 00000 0.00 0.03 0.01 0.01 0.04 2.23 1.43 0.51 5.42 9.38 5.28 2.54 21.30 4.79 2.94 0.93 13.18 19.41 10.17 3.99 42.48 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\27DEP1.SGM 27DEP1 95092 Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Proposed Rules TABLE 9—CINCINNATI AREA VOC EMISSIONS FOR INTERIM MAINTENANCE YEAR 2020—Continued [TPSD] County Point AIR Nonroad Area Onroad Total Warren .............................................. Kentucky: Boone ................................................ Campbell ........................................... Kenton ............................................... 0.60 0.01 1.54 5.59 3.85 11.59 1.73 0.22 0.49 0.45 0.00 0.00 1.03 0.25 0.47 2.41 1.22 2.31 1.38 0.86 1.30 7.00 2.55 4.57 Area Totals ................................ 13.13 0.55 13.17 51.80 29.85 108.50 TABLE 10—CINCINNATI AREA NOX EMISSIONS FOR MAINTENANCE YEAR 2030 [TPSD] County Point Indiana: Dearborn ........................................... Ohio: Butler ................................................. Clermont ........................................... Clinton ............................................... Hamilton ............................................ Warren .............................................. Kentucky: Boone ................................................ Campbell ........................................... Kenton ............................................... AIR Nonroad Area Onroad Total 2.96 0.18 0.48 0.39 4.01 9.83 31.32 0.00 18.75 1.54 0.00 0.00 0.00 0.00 0.00 1.16 0.63 0.29 2.59 0.78 4.79 1.15 0.53 10.10 1.67 2.44 1.50 1.28 6.71 1.96 18.22 34.60 2.10 38.15 5.95 8.51 0.17 0.01 0.29 0.00 0.00 0.38 0.15 0.27 0.44 0.49 1.02 1.05 0.65 0.99 10.67 1.46 2.29 73.09 Area Totals ................................ 0.00 0.29 6.43 20.67 16.97 117.45 TABLE 11—CINCINNATI AREA VOC EMISSIONS FOR MAINTENANCE YEAR 2030 [TPSD] County Point Indiana: Dearborn ........................................... Ohio: Butler ................................................. Clermont ........................................... Clinton ............................................... Hamilton ............................................ Warren .............................................. Kentucky: Boone ................................................ Campbell ........................................... Kenton ............................................... AIR Nonroad Area Onroad Total 4.06 0.27 1.85 0.38 6.56 3.00 0.64 0.01 2.62 0.58 0.01 0.00 0.00 0.00 0.00 2.43 1.46 0.42 5.87 1.51 9.31 5.20 2.61 21.01 5.52 2.88 1.77 0.71 7.92 2.32 17.63 9.07 3.75 37.42 9.93 1.73 0.21 0.47 0.06 0.00 0.00 0.92 0.22 0.50 2.36 1.19 2.25 0.77 0.48 0.73 5.84 2.10 3.95 13.32 Area Totals ................................ 0.00 0.07 13.60 51.30 17.96 96.25 TABLE 12—CHANGE IN NOX AND VOC EMISSIONS BETWEEN 2014 AND 2030 FOR THE INDIANA PORTION OF THE CINCINNATI AREA [TPSD] NOX mstockstill on DSK3G9T082PROD with PROPOSALS 2014 2020 VOC 2030 Net change (2014– 2030) 2014 2020 2030 Net change (2014– 2030) Point ................................. AIR ................................... Nonroad ........................... Area .................................. Onroad ............................. 11.74 0.00 0.44 0.47 1.37 2.96 0.00 0.30 0.48 0.74 2.96 0.00 0.18 0.48 0.39 ¥8.78 0.00 ¥0.26 0.01 ¥0.98 5.54 0.00 0.36 1.75 0.99 4.06 0.00 0.29 1.77 0.62 4.06 0.00 0.27 1.85 0.38 ¥1.48 0.00 ¥0.09 0.10 ¥0.61 Total .......................... 14.02 4.48 4.01 ¥10.01 8.64 6.74 6.56 ¥2.08 VerDate Sep<11>2014 21:01 Dec 23, 2016 Jkt 241001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\27DEP1.SGM 27DEP1 Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Proposed Rules 95093 TABLE 13—CHANGE IN NOX AND VOC EMISSIONS BETWEEN 2014 AND 2030 FOR THE ENTIRE CINCINNATI AREA [TPSD] VOC NOX 2014 2020 2030 Net change (2014– 2030) 2014 2020 2030 Net change (2014– 2030) Point ................................. AIR ................................... Nonroad ........................... Area .................................. Onroad ............................. 95.80 2.11 17.75 20.59 64.70 72.36 2.33 10.90 20.60 33.30 73.09 0.29 6.43 20.67 16.97 ¥22.71 ¥1.82 ¥11.32 0.08 ¥47.73 14.84 0.52 16.07 52.70 48.25 13.13 0.55 13.17 51.80 29.85 13.32 0.07 13.60 51.30 17.96 ¥1.52 ¥0.45 ¥2.47 ¥1.40 ¥30.29 Total .......................... 200.95 139.49 117.45 ¥83.50 132.38 108.50 96.25 ¥36.13 In summary, the maintenance demonstration for the Cincinnati area shows maintenance of the 2008 ozone standard by providing emissions information to support the demonstration that future emissions of NOX and VOC will remain at or below 2014 emission levels when taking into account both future source growth and implementation of future controls. Table 13 shows NOX and VOC emissions in the Cincinnati area are projected to decrease by 83.50 TPSD and 36.13 TPSD, respectively, between 2014 and 2030. As shown in Table 12, NOX and VOC emissions in the Indiana portion of the Cincinnati area alone are projected to decrease by 10.01 TPSD and 2.08 TPSD, respectively, between 2014 and 2030. mstockstill on DSK3G9T082PROD with PROPOSALS 3. Continued Air Quality Monitoring IDEM has committed to continue to operate the ozone monitors listed in Table 1 above. IDEM has committed to consult with EPA prior to making changes to the existing monitoring network should changes become necessary in the future. Indiana remains obligated to meet monitoring requirements and continue to quality assure monitoring data in accordance with 40 CFR part 58, and to enter all data into the Air Quality System (AQS) in accordance with Federal guidelines. 4. Verification of Continued Attainment The State of Indiana has the legal authority to enforce and implement the requirements of the maintenance plan for the Indiana portion of the Cincinnati area. This includes the authority to adopt, implement, and enforce any subsequent emission control measures determined to be necessary to correct future ozone attainment problems. Verification of continued attainment is accomplished through operation of the ambient ozone monitoring network and the periodic update of the area’s emissions inventory. IDEM will continue to operate the current ozone VerDate Sep<11>2014 21:01 Dec 23, 2016 Jkt 241001 monitors located in the Indiana portion of the Cincinnati area. There are no plans to discontinue operation, relocate, or otherwise change the existing ozone monitoring network other than through revisions in the network approved by the EPA. In addition, to track future levels of emissions, IDEM will continue to develop and submit to EPA updated emission inventories for all source categories at least once every three years, consistent with the requirements of 40 CFR part 51, subpart A, and in 40 CFR 51.122. The Consolidated Emissions Reporting Rule (CERR) was promulgated by EPA on June 10, 2002 (67 FR 39602). The CERR was replaced by the Annual Emissions Reporting Requirements (AERR) on December 17, 2008 (73 FR 76539). The most recent triennial inventory for Indiana was compiled for 2014. Point source facilities covered by Indiana’s emissions statements rule, which was submitted separately by IDEM for inclusion in Indiana’s SIP and is being considered by EPA in a separate rule, will submit VOC and NOX emissions on an annual basis. 5. What is the contingency plan for the Cincinnati area? Section 175A of the CAA requires that the state must adopt a maintenance plan, as a SIP revision, that includes such contingency measures as EPA deems necessary to assure that the state will promptly correct a violation of the NAAQS that occurs after redesignation of the area to attainment of the NAAQS. The maintenance plan must identify: The contingency measures to be considered and, if needed for maintenance, adopted and implemented; a schedule and procedure for adoption and implementation; and, a time limit for action by the state. The state should also identify specific indicators to be used to determine when the contingency measures need to be considered, adopted, and implemented. The maintenance plan must include a PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 commitment that the state will implement all measures with respect to the control of the relevant pollutants that were in the SIP before redesignation of the area to attainment in accordance with section 175A(d) of the CAA. As required by section 175A of the CAA, Indiana has adopted a contingency plan for the Cincinnati area to address possible future ozone air quality problems. The contingency plan adopted by Indiana has two levels of response, a warning level response and an action level response. In Indiana’s plan, a warning level response will be triggered when an annual fourth high monitored value of 0.079 ppm or higher is monitored within the maintenance area. A warning level response will consist of IDEM conducting a study to determine whether the ozone value indicates a trend toward higher ozone values and/ or whether emissions appear to be increasing. The studies will evaluate whether the trend, if any, is likely to continue and, if so, the control measures necessary to reverse the trend. The studies will consider ease and timing of implementation as well as economic and social impacts. Implementation of necessary controls in response to a warning level response trigger will take place within 12 months from the conclusion of the most recent ozone season. In Indiana’s plan, an action level response is triggered when a two-year average fourth high value of 0.076 ppm or greater is monitored within the maintenance area. A violation of the standard within the maintenance area also triggers an action level response. When an action level response is triggered, IDEM will determine what additional control measures are needed to assure future attainment of the ozone standard, and will adopt these measures through the necessary administrative and legal process, including the opportunity for a public hearing. Control measures selected will be E:\FR\FM\27DEP1.SGM 27DEP1 95094 Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Proposed Rules conformity is a requirement for nonattainment and maintenance areas. Maintenance areas are areas that were previously nonattainment for a particular NAAQS, but that have been redesignated to attainment with an approved maintenance plan for the NAAQS. Under the CAA, states are required to submit, at various times, control strategy SIPs for nonattainment areas and maintenance plans for areas seeking redesignations to attainment of the ozone standard and maintenance areas. See the SIP requirements for the 2008 ozone standard in EPA’s March 6, 2015 implementation rule (80 FR 12264). These control strategy SIPs (including reasonable further progress plans and attainment plans) and maintenance plans must include MVEBs for criteria pollutants, including ozone, and their precursor pollutants (VOC and NOX for ozone) to address pollution from onroad transportation sources. The MVEBs are the portion of the total allowable emissions that are allocated to highway and transit vehicle use that, together with emissions from other sources in the area, will provide for attainment or maintenance. See 40 CFR 93.101. Under 40 CFR part 93, a MVEB for an area seeking a redesignation to attainment must be established, at minimum, for the last year of the maintenance plan. A state may adopt MVEBs for other years as well. 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). The preamble also describes how to establish the MVEB in the SIP and how to revise the MVEB, if needed, subsequent to initially establishing a MVEB in the SIP. V. Has the state adopted approvable motor vehicle emission budgets? mstockstill on DSK3G9T082PROD with PROPOSALS adopted and implemented within 18 months from the close of the ozone season that prompted the action level. IDEM may also consider if a new measure or control is already promulgated and scheduled to be implemented at the federal or state level and would thus constitute an adequate contingency measure response. IDEM included the following list of potential contingency measures in its maintenance plan: 1. Installation of a vehicle emissions testing program 2. Asphalt paving (lower VOC formulation) 3. Diesel exhaust retrofits 4. Traffic flow improvements 5. Idle reduction programs 6. Portable fuel container regulation (statewide) 7. Park and ride facilities 8. Rideshare/carpool program 9. VOC cap/trade program for major stationary sources 10. NOX Reasonably Available Control Technology 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. In addition, as required by section 175A(b) of the CAA, IDEM has committed to submit to EPA an updated ozone maintenance plan eight years after redesignation of the Indiana portion of the Cincinnati area to cover an additional ten years beyond the initial 10-year maintenance period. Thus, EPA proposes to find that the maintenance plan SIP revision submitted by IDEM for the Indiana portion of the Cincinnati area meets the requirements of section 175A of the CAA. B. What is the status of EPA’s adequacy determination for the proposed VOC and NOX MVEBs for the Cincinnati area? When reviewing submitted control strategy SIPs or maintenance plans containing MVEBs, EPA must affirmatively find that the MVEBs contained therein are adequate for use in determining transportation conformity. Once EPA affirmatively finds that the submitted MVEBs are adequate for transportation purposes, the MVEBs must be used by state and Federal agencies in determining whether proposed transportation projects conform to the SIP as required by section 176(c) of the CAA. EPA’s substantive criteria for determining adequacy of a MVEB are set A. Motor Vehicle Emission Budgets Under section 176(c) of the CAA, new transportation plans, programs, or projects that receive Federal funding or support, such as the construction of new highways, must ‘‘conform’’ to (i.e., be consistent with) the SIP. Conformity to the SIP means that transportation activities will not cause new air quality violations, worsen existing air quality problems, or delay timely attainment of the NAAQS or interim air quality milestones. Regulations at 40 CFR part 93 set forth EPA policy, criteria, and procedures for demonstrating and assuring conformity of transportation activities to a SIP. Transportation VerDate Sep<11>2014 21:01 Dec 23, 2016 Jkt 241001 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 out in 40 CFR 93.118(e)(4). The process for determining adequacy consists of three basic steps: Public notification of a SIP submission; provision for a public comment period; and EPA’s adequacy determination. This process for determining the adequacy of submitted MVEBs for transportation conformity purposes was initially outlined in EPA’s May 14, 1999 guidance, ‘‘Conformity Guidance on Implementation of March 2, 1999, Conformity Court Decision.’’ EPA adopted regulations to codify the adequacy process in the Transportation Conformity Rule Amendments for the ‘‘New 8-Hour Ozone and PM2.5 National Ambient Air Quality Standards and Miscellaneous Revisions for Existing Areas; Transportation Conformity Rule Amendments—Response to Court Decision and Additional Rule Change,’’ on July 1, 2004 (69 FR 40004). Additional information on the adequacy process for transportation conformity purposes is available in the proposed rule titled, ‘‘Transportation Conformity Rule Amendments: Response to Court Decision and Additional Rule Changes,’’ 68 FR 38974, 38984 (June 30, 2003). As discussed earlier, Indiana’s maintenance plan includes NOX and VOC MVEBs for the Cincinnati area for 2030 and 2020, the last year of the maintenance period and an interim year. EPA reviewed the VOC and NOX MVEBs through the adequacy process. Indiana’s February 23, 2016, maintenance plan SIP submission, including the VOC and NOX MVEBs for the Indiana and Ohio portion of the Cincinnati area, was open for public comment on EPA’s adequacy Web site on July 22, 2016, found at: http:// www.epa.gov/otaq/stateresources/ transconf/currsips.htm. The EPA public comment period on adequacy of the 2020 and 2030 MVEBs for the Indiana and Ohio portion of the Cincinnati area closed on August 22, 2016. No comments on the submittal were received during the adequacy comment period. The submitted maintenance plan, which included the MVEBs, was endorsed by the Governor (or his or her designee) and was subject to a state public hearing. The MVEBs were developed as part of an interagency consultation process which includes Federal, state, and local agencies. The MVEBs were clearly identified and precisely quantified. These MVEBs, when considered together with all other emissions sources, are consistent with maintenance of the 2008 ozone standard. E:\FR\FM\27DEP1.SGM 27DEP1 95095 Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Proposed Rules TABLE 14—MVEBS FOR THE INDIANA AND OHIO PORTION OF THE CINCINNATI AREA, TPSD Attainment year 2014 onroad emissions VOC ............................. NOX .............................. 2020 Estimated onroad emissions 41.75 50.66 26.31 27.11 As shown in Table 14, the 2020 and 2030 MVEBs are greater than the estimated 2020 and 2030 onroad sector emissions. In an effort to accommodate future variations in travel demand models and vehicle miles traveled forecast, IDEM allocated a portion of the safety margin (described further below) to the mobile sector. Indiana has demonstrated that the Cincinnati area can maintain the 2008 ozone NAAQS with mobile source emissions in the Indiana and Ohio portion of the area of 30.02 TPSD and 18.22 TPSD of VOC in 2020 and 2030, respectively, and 30.79 TPSD and 16.22 TPSD of NOX in 2020 2020 Mobile safety margin allocation 2020 MVEBs 3.71 3.68 2030 Estimated onroad emissions 30.02 30.79 and 2030, respectively, since despite partial allocation of the safety margin, emissions will remain under attainment year emission levels. EPA has found adequate and is proposing to approve the MVEBs for use to determine transportation conformity in the Indiana and Ohio portion of the Cincinnati area, because EPA has determined that the area can maintain attainment of the 2008 ozone NAAQS for the relevant maintenance period with mobile source emissions at the levels of the MVEBs. C. What is a safety margin? A ‘‘safety margin’’ is the difference between the attainment level of 15.98 14.28 2030 Mobile safety margin allocation 2030 MVEBs 2.24 1.94 18.22 16.22 emissions (from all sources) and the projected level of emissions (from all sources) in the maintenance plan. As shown in Table 15 below, the emissions in the Indiana and Ohio portion of the Cincinnati area, excluding the Kentucky portion of the area, are projected to have safety margins of 70.48 TPSD for NOX and 30.20 TPSD for VOC in 2030 (the difference between the attainment year, 2014, emissions and the projected 2030 emissions for all sources in just the Indiana and Ohio portion of the Cincinnati area). Similarly, there is a safety margin of 53.74 TPSD for NOX and 20.18 TPSD for VOC in 2020. TABLE 15—SAFETY MARGIN FOR THE INDIANA AND OHIO PORTION OF THE CINCINNATI AREA, TPSD Attainment year 2014 emissions from all sources mstockstill on DSK3G9T082PROD with PROPOSALS VOC ..................................................................................... NOX ...................................................................................... Even if emissions reached the full level of the safety margin, the counties would still demonstrate maintenance since emission levels would equal those in the attainment year. As shown in Table 14 above, a portion of the safety margin for the Indiana and Ohio portion of the Cincinnati area is allocated to the mobile source sector. Specifically, in 2020, 3.71 TPSD and 3.68 TPSD of the VOC and NOX safety margins, respectively, are allocated to the mobile source sector. In 2030, 2.24 TPSD and 1.94 TPSD of the VOC and NOX safety margins, respectively, are allocated to the mobile source sector. The requested amount allocated to the MVEBs represents only a small portion of the 2020 and 2030 safety margins. Therefore, even though the requested MVEBs are greater than the projected onroad mobile source emissions for 2020 and 2030 contained in the demonstration of maintenance, the increase in onroad mobile source emissions that can be considered for transportation conformity purposes is well within the safety margins of the VerDate Sep<11>2014 21:01 Dec 23, 2016 Jkt 241001 2020 Estimated emissions from all sources 114.56 173.51 94.38 119.77 ozone maintenance demonstration. Further, once allocated to mobile sources, these safety margins will not be available for use by other sources. VI. Has the state submitted approvable emission inventories? A. The 2008 Ozone NAAQS and Emission Inventory Requirements CAA sections 172(c)(3) and 182(a)(1), 42 U.S.C. 7502(c)(3) and 7511a(a)(1), require states to develop and submit, as SIP revisions, emission inventories for all areas designated as nonattainment for any NAAQS, including the 2008 ozone NAAQS. An emission inventory for ozone is an estimation of actual emissions of air pollutants that contribute to the formation of ozone in an area. Therefore, an emission inventory for ozone focuses on the emissions of VOC and NOX. VOC is emitted by many types of pollution sources, including power plants, industrial sources, onroad and nonroad mobile sources, smaller stationary sources, collectively referred to as area PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 2020 Safety margin allocation 20.18 53.74 2030 Estimated emissions from all sources 84.36 103.03 2030 Safety margin allocation 30.20 70.48 sources, and biogenic sources.7 NOX is primarily emitted by combustion sources, both stationary and mobile. Emission inventories provide emissions data for a variety of air quality planning tasks, including establishing baseline emission levels (anthropogenic [manmade] emissions associated with ozone standard violations), calculating emission reduction targets needed to attain the NAAQS and to achieve reasonable further progress toward attainment of the ozone standard (not required in the area considered here), determining emission inputs for ozone air quality modeling analyses, and tracking emissions over time to determine progress toward achieving air quality and emission reduction goals. As stated above, the CAA requires the states to submit emission inventories for areas designated as nonattainment for ozone. 7 Biogenic emissions are produced by living organisms and are typically not included in the base year emission inventories, but are considered in ozone modeling analyses, which must consider all emissions in a modeled area. E:\FR\FM\27DEP1.SGM 27DEP1 95096 Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Proposed Rules summer day VOC and NOX emissions within appendix H of its February 23, 2016, submittal. Nonroad mobile source emissions were estimated using EPA’s National Mobile Inventory Model (NMIM). The emission estimates were processed through the Consolidated Community Emissions Processing Tool (CONCEPT) to spatially allocate the emissions to the county levels. B. Indiana’s Emission Inventories As described earlier, area, nonroad mobile, and point source emissions Indiana’s February 23, 2016 (EGUs and non-EGUs) were collected submission includes a SIP revision from the Ozone NAAQS addressing the VOC and NOX emission Implementation Modeling platform inventory requirement for the Indiana (2011v6.1). For 2011, this represents portion of the Cincinnati area. Table 16 actual data reported to EPA by the states summarizes the 2011 VOC and NOX for the 2011 NEI. Because emissions emissions for the Indiana portion of the data from state inventory databases, the Cincinnati area for a typical summer NEI, and the Ozone NAAQS Emissions day (reflective of the summer period, Modeling platform are annual totals, when the highest ozone concentrations are expected in the nonattainment area). tons per summer day were derived according to EPA’s guidance document TABLE 16—INDIANA PORTION OF CIN- ‘‘Temporal Allocation of Annual CINNATI AREA 2011 EMISSION IN- Emissions Using EMCH Temporal Profiles’’ dated April 29 2002, using the VENTORY temporal allocation references [tons per day] accompanying the 2011v6.1 modeling inventory files. Source type VOC NOX Onroad mobile source emissions were Non-EGU Point 4.01 2.71 developed in conjunction with the EGU Point ......... 0.27 15.08 Ohio-Kentucky-Indiana Regional Area .................. 1.75 0.47 Council of Governments (OKI) and were Onroad Mobile .. 1.33 1.89 calculated from emission factors Nonroad Mobile 0.42 0.53 produced by EPA’s 2014 Motor Vehicle Emission Simulator (MOVES) model Totals ......... 7.78 20.68 and data extracted from the region’s travel-demand model. IDEM estimated VOC and NOX IDEM applied standardized, EPAemissions for the Indiana portion of the recommended procedures and data Cincinnati area by totaling emissions completeness checks to quality assure within each source category. To develop (QA) (to assure data accuracy) and the VOC and NOX emission inventories, quality check (QC) (to assure data IDEM used the procedures summarized completeness) the emission below. calculations. The primary source of emissions data C. EPA’s Evaluation for non-EGU point sources was sourcereported 2011 Emission Inventory EPA has reviewed Indiana’s February System (EIS) data. IDEM requires certain 23, 2016, submittal for consistency with regulated stationary sources in the CAA and EPA emission inventory ozone nonattainment areas to submit requirements. In particular, EPA has EISs annually. An EIS contains detailed reviewed the techniques used by IDEM source type-specific or source unitto derive and quality assure the specific annual and seasonal actual emission estimates. EPA has also emissions for all source units in a determined that Indiana has provided facility. The EIS data for all applicable the public with the opportunity to facilities were used to calculate annual review and comment on the and summer day county-specific point development of the emission estimates source emissions. Because they are and that the state has addressed all determinative, only the summer day public comments. emissions are summarized here. EGU point source emissions data were 1. Did the state adequately document the derivation of the emission obtained from EPA’s Clean Air Markets estimates? Division (CAMD). CAMD collects and processes EGU emissions nationally. IDEM documented the procedures For all point sources, IDEM has used to estimate the emissions for each provided a detailed list of major point of the major source types. The source facilities and their associated documentation of the emission mstockstill on DSK3G9T082PROD with PROPOSALS For the 2008 ozone NAAQS, EPA has recommended that states submit typical summer day emission estimates for 2011 (78 FR 34178, 34190, June 6, 2013). States are required to submit estimates of VOC and NOX emissions for four general classes of anthropogenic sources: Stationary point sources; area sources; onroad mobile sources; and nonroad mobile sources. VerDate Sep<11>2014 21:01 Dec 23, 2016 Jkt 241001 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 estimation procedures is thorough and is adequate for us to determine that IDEM followed acceptable procedures to estimate the emissions. 2. Did the state quality assure the emission estimates? IDEM developed a quality assurance plan and followed this plan during the various phases of the emissions estimation and documentation process to QA and QC the emissions for completeness and accuracy. These quality assurance procedures were summarized in the documentation describing how the emissions totals were developed. EPA has determined that the quality assurance procedures are adequate and acceptable. We conclude that Indiana has developed inventories of VOC and NOX emissions that are comprehensive and complete. 3. Did the state provide for public review of the requested SIP revision? IDEM notified the public of the opportunity for comment, and opened a comment period to solicit comments relevant to the emission inventory and the entire submittal. IDEM has reported that no comments were received. VII. Proposed Actions EPA is proposing to determine that the Cincinnati nonattainment area is attaining the 2008 ozone standard, based on quality-assured and certified monitoring data for 2013–2015 and that the Indiana portion of this area has met the requirements for redesignation under section 107(d)(3)(E) of the CAA. EPA is thus proposing to approve IDEM’s request to change the legal designation of the Indiana portion of the Cincinnati area from nonattainment to attainment for the 2008 ozone standard. EPA is also proposing to approve, as a revision to the Indiana SIP, the state’s maintenance plan for the area. The maintenance plan is designed to keep the Cincinnati area in attainment of the 2008 ozone NAAQS through 2030. Additionally, EPA finds adequate and is proposing to approve the newlyestablished 2020 and 2030 MVEBs for the Indiana and Ohio portion of the Cincinnati area. Finally, EPA is proposing to approve the 2011 base year emissions inventory submitted by IDEM as meeting the base year emissions inventory requirement of the CAA for the Indiana portion of the Cincinnati area. VIII. Statutory and Executive Order Reviews Under the CAA, redesignation of an area to attainment and the accompanying approval of a E:\FR\FM\27DEP1.SGM 27DEP1 mstockstill on DSK3G9T082PROD with PROPOSALS Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Proposed Rules 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, this action: • Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible VerDate Sep<11>2014 21:01 Dec 23, 2016 Jkt 241001 methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because redesignation is an action that affects the status of a geographical area and does not impose any new regulatory requirements on tribes, impact any existing sources of air pollution on tribal lands, nor impair the maintenance of ozone national ambient air quality standards in tribal lands. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Oxides of nitrogen, Ozone, Volatile organic compounds. Dated: December 12, 2016. Robert A. Kaplan, Acting Regional Administrator, Region 5. [FR Doc. 2016–31044 Filed 12–23–16; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 79 and 80 [EPA–HQ–OAR–2016–0041; FRL–9957–45– OAR] RIN 2060–AS66 Renewables Enhancement and Growth Support Rule; Extension of Comment Period Environmental Protection Agency (EPA). ACTION: Proposed rule; extension of public comment period. AGENCY: On November 16, 2016, the Environmental Protection Agency (EPA) proposed the Renewables Enhancement and Growth Support (REGS) rule. The proposal specified that the public comment period would end on January 17, 2017, 60 days after publication in the Federal Register. On December 9, 2016, the EPA received a joint request for an extension of the comment period from the following parties: American Soybean Association, Corn Refiners Association, Global Renewable Strategies and Consulting, LLC, Growth Energy, Iowa Biodiesel Board, Iowa Renewable Fuels Association, National SUMMARY: PO 00000 Frm 00032 Fmt 4702 Sfmt 9990 95097 Biodiesel Board, National Renderers Association, Renewable Fuels Association, and U.S. Canola Association. The petitioners requested an extension in order to have more time to evaluate the implications of the REGS rule. In light of the large number of revisions proposed in this action, the EPA is extending the deadline for written comments on the proposal by 30 days to February 16, 2017. Comments must be received on or before February 16, 2017. DATES: Submit your comments on the proposed REGS rule, identified by Docket ID No. EPA–HQ–OAR–2016– 0041, at http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or withdrawn from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/ commenting-epa-dockets. ADDRESSES: Julia MacAllister, Assessment and Standards Division, Office of Transportation and Air Quality, Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; telephone number: (734) 214–4131; email address: macallister.julia@epa.gov. FOR FURTHER INFORMATION CONTACT: The EPA proposed rule was published on November 16, 2016, at 81 FR 80828. For the reasons stated, the public comment period will now end on February 16, 2017. SUPPLEMENTARY INFORMATION: Dated: December 20, 2016. Christopher Grundler, Director, Office of Transportation and Air Quality. [FR Doc. 2016–31263 Filed 12–23–16; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\27DEP1.SGM 27DEP1

Agencies

[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Proposed Rules]
[Pages 95081-95097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31044]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2016-0135; FRL-9957-18-Region 5]


Air Plan Approval; Indiana; Redesignation of the Indiana Portion 
of the Cincinnati, Ohio-Kentucky-Indiana Area to Attainment of the 2008 
Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to find 
that the Cincinnati, Ohio-Kentucky-Indiana area is attaining the 2008 
ozone National Ambient Air Quality Standard (NAAQS or standard) and to 
approve a request from the Indiana Department of Environmental 
Management (IDEM) to redesignate the Indiana portion of the Cincinnati 
area to attainment for the 2008 ozone NAAQS because the request meets 
the statutory requirements for redesignation under the Clean Air Act 
(CAA or Act). The Cincinnati area includes Lawrenceburg Township in 
Dearborn County, Indiana; Butler, Clermont, Clinton, Hamilton, and 
Warren Counties in Ohio; and, Boone, Campbell, and Kenton Counties in 
Kentucky. IDEM submitted this request on February 23, 2016, and 
supplemented that submittal with a revised emissions inventory on May 
4, 2016. EPA is also proposing to approve, as a revision to the Indiana 
State Implementation Plan (SIP), the state's plan for maintaining the 
2008 ozone standard through 2030 in the Cincinnati area. Additionally, 
EPA finds adequate and is proposing to approve the state's 2020 and 
2030 volatile organic compound (VOC) and oxides of nitrogen 
(NOX) Motor Vehicle Emission Budgets (MVEBs) for the Indiana 
and Ohio portion of the Cincinnati area. Finally, EPA is proposing to 
approve the 2011 base year emissions inventory submitted by IDEM as 
meeting the base year emissions inventory requirement of the CAA for 
the Indiana portion of the Cincinnati area.

DATES: Comments must be received on or before January 26, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2016-0135 at http://www.regulations.gov or via email to 
aburano.douglas@epa.gov. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit

[[Page 95082]]

http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Eric Svingen, Environmental Engineer, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 353-4489, 
svingen.eric@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 are the actions EPA is proposing?
II. What is the background for these actions?
III. What are the criteria for redesignation?
IV. What is EPA's analysis of Indiana's redesignation request?
    A. Has the Cincinnati area attained the 2008 ozone NAAQS?
    B. Has Indiana met all applicable requirements of section 110 
and part D of the CAA for the Cincinnati area, and does the Indiana 
portion of the area have a fully approved SIP under section 110(k) 
of the CAA?
    1. Indiana Has Met All Applicable Requirements of Section 110 
and Part D of the CAA Applicable to the Indiana Portion of the 
Cincinnati Area for Purposes of Redesignation
    2. The Indiana Portion of the Cincinnati Area Has a Fully 
Approved SIP for Purposes of Redesignation Under Section 110(k) of 
the CAA
    C. Are the air quality improvements in the Cincinnati area due 
to permanent and enforceable emission reductions?
    1. Permanent and Enforceable Emission Controls Implemented
    2. Emission Reductions
    3. Meteorology
    D. Does Indiana have a fully approvable ozone maintenance plan 
for the Cincinnati area?
    1. Attainment Inventory
    2. Has the state documented maintenance of the ozone standard in 
the Cincinnati area?
    3. Continued Air Quality Monitoring
    4. Verification of Continued Attainment
    5. What is the contingency plan for the Cincinnati area?
V. Has the state adopted approvable motor vehicle emission budgets?
    A. Motor Vehicle Emission Budgets
    B. What is the status of EPA's adequacy determination for the 
proposed VOC and NOX MVEBs for the Cincinnati area?
    C. What is a safety margin?
VI. Has the state submitted approvable emission inventories?
    A. The 2008 Ozone NAAQS and Emission Inventory Requirements
    B. Indiana's Emission Inventories
    C. EPA's Evaluation
    1. Did the state adequately document the derivation of the 
emission estimates?
    2. Did the state quality assure the emission estimates?
    3. Did the state provide for public review of the requested SIP 
revision?
VII. Proposed Actions
VIII. Statutory and Executive Order Reviews

I. What are the actions EPA is proposing?

    EPA is proposing to take several related actions. EPA is proposing 
to determine that the Cincinnati nonattainment area is attaining the 
2008 ozone standard, based on quality-assured and certified monitoring 
data for 2013-2015 and that the Indiana portion of this area has met 
the requirements for redesignation under section 107(d)(3)(E) of the 
CAA. EPA is thus proposing to approve IDEM's request to change the 
legal designation of the Indiana portion of the Cincinnati area from 
nonattainment to attainment for the 2008 ozone standard. EPA is also 
proposing to approve, as a revision to the Indiana SIP, the state's 
maintenance plan (such approval being one of the CAA criteria for 
redesignation to attainment status) for the area. The maintenance plan 
is designed to keep the Cincinnati area in attainment of the 2008 ozone 
NAAQS through 2030. Finally, EPA finds adequate and is proposing to 
approve the newly-established 2020 and 2030 MVEBs for the Indiana and 
Ohio portion of the Cincinnati area. The adequacy comment period for 
the MVEBs began on July 22, 2016, with EPA's posting of the 
availability of the submittal on EPA's Adequacy Web site (at http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm). The adequacy 
comment period for these MVEBs ended on August 22, 2016. EPA did not 
receive any requests for this submittal, or adverse comments on this 
submittal during the adequacy comment period. In a letter dated August 
23, 2016, EPA informed IDEM that we found the 2020 and 2030 MVEBs to be 
adequate for use in transportation conformity analyses. On September 
27, 2016 (81 FR 66271), EPA published a notice of adequacy announcing 
this same finding. Please see section V.B. of this preamble, ``What is 
the status of EPA's adequacy determination for the proposed VOC and 
NOX MVEBs for the Indiana portion of the Cincinnati area,'' 
for further explanation of this process. Therefore, we find adequate, 
and are proposing to approve, the States' 2020 and 2030 MVEBs for 
transportation conformity purposes.
    On June 1, 2016, Indiana submitted a separate SIP revision to 
address emissions statements requirements, as discussed in section 
IV.B.1. of this preamble. EPA is taking action on the emissions 
statements SIP revision in a separate rulemaking. EPA will not finalize 
this redesignation rulemaking without an earlier or simultaneous final 
approval of the separate emissions statements rulemaking.

II. What is the background for these actions?

    EPA has determined that ground-level ozone is detrimental to human 
health. On March 12, 2008, EPA promulgated a revised ozone NAAQS of 
0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). Under 
EPA's regulations at 40 CFR part 50, the 2008 ozone NAAQS is attained 
in an area when the three-year average of the annual fourth highest 
daily maximum 8-hour average concentration is equal to or less than 
0.075 ppm, when truncated after the thousandth decimal place, at all of 
the ozone monitoring sites in the area. See 40 CFR 50.15 and appendix P 
to 40 CFR part 50.
    Upon promulgation of a new or revised NAAQS, section 107(d)(1)(B) 
of the CAA requires EPA to designate as nonattainment any areas that 
are violating the NAAQS, based on the most recent three years of 
quality-assured ozone monitoring data. The Cincinnati area was 
designated as a marginal nonattainment area for the 2008 ozone NAAQS on 
May 21, 2012 (77 FR 30088) (effective July 20, 2012).
    In a final implementation rule for the 2008 ozone NAAQS (SIP 
Requirements Rule),\1\ EPA established ozone standard attainment dates 
based on table 1 of section 181(a) of the CAA. This established an 
attainment date three years after the July 20, 2012, effective 
designation date for areas classified as marginal nonattainment for the 
2008 ozone NAAQS. Therefore, the attainment date for the Cincinnati 
area was July 20, 2015. On May 4, 2016 (81 FR 26697), in accordance 
with section 181(b)(2)(A) of the CAA and the provisions of the SIP 
Requirements Rule (40 CFR 51.1103), EPA made a determination that the 
Cincinnati area attained the standard by its July 20, 2015, attainment 
date for the 2008 ozone NAAQS. EPA's determination was based upon three 
years of complete,

[[Page 95083]]

quality-assured and certified data for the 2012-2014 period.
---------------------------------------------------------------------------

    \1\ This rule, titled ``Implementation of the 2008 National 
Ambient Air Quality Standards for Ozone: State Implementation Plan 
Requirements'' and published at 80 FR 12264 (March 6, 2015), 
addresses nonattainment area SIP requirements for the 2008 ozone 
NAAQS, including requirements pertaining to attainment 
demonstrations, reasonable further progress (RFP), reasonably 
available control technology (RACT), reasonably available control 
measures (RACM), new source review (NSR), emission inventories, and 
the timing requirements for SIP submissions and compliance with 
emission control measures in the SIP. This rule also addresses the 
revocation of the 1997 ozone NAAQS and the anti-backsliding 
requirements that apply when the 1997 ozone NAAQS is revoked.
---------------------------------------------------------------------------

III. What are the criteria for redesignation?

    Section 107(d)(3)(E) of the CAA allows redesignation of an area to 
attainment of the NAAQS provided that: (1) The Administrator (EPA) 
determines that the area has attained the NAAQS; (2) the Administrator 
has fully approved the applicable implementation plan for the area 
under section 110(k) of the CAA; (3) the Administrator determines that 
the improvement in air quality is due to permanent and enforceable 
reductions in emissions resulting from implementation of the applicable 
SIP, applicable Federal air pollutant control regulations, and other 
permanent and enforceable emission reductions; (4) the Administrator 
has fully approved a maintenance plan for the area as meeting the 
requirements of section 175A of the CAA; and (5) the state containing 
the area has met all requirements applicable to the area for the 
purposes of redesignation under section 110 and part D of the CAA.
    On April 16, 1992, EPA provided guidance on redesignations in the 
General Preamble for the Implementation of Title I of the CAA 
Amendments of 1990 (57 FR 13498) and supplemented this guidance on 
April 28, 1992 (57 FR 18070). EPA has provided further guidance on 
processing redesignation requests in the following documents:

    1. ``Ozone and Carbon Monoxide Design Value Calculations,'' 
Memorandum from Bill Laxton. Director, Technical Support Division, 
June 18, 1990;
    2. ``Maintenance Plans for Redesignation of Ozone and Carbon 
Monoxide Nonattainment Areas,'' Memorandum from G.T. Helms, Chief, 
Ozone/Carbon Monoxide Programs Branch, April 30, 1992;
    3. ``Contingency Measures for Ozone and Carbon Monoxide (CO) 
Redesignations,'' Memorandum from G.T. Helms, Chief, Ozone/Carbon 
Monoxide Programs Branch, June 1, 1992;
    4. ``Procedures for Processing Requests to Redesignate Areas to 
Attainment,'' Memorandum from John Calcagni, Director, Air Quality 
Management Division, September 4, 1992 (the ``Calcagni 
Memorandum'');
    5. ``State Implementation Plan (SIP) Actions Submitted in 
Response to Clean Air Act (CAA) Deadlines,'' Memorandum from John 
Calcagni, Director, Air Quality Management Division, October 28, 
1992;
    6. ``Technical Support Documents (TSDs) for Redesignation of 
Ozone and Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum 
from G.T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch, 
August 17, 1993;
    7. ``State Implementation Plan (SIP) Requirements for Areas 
Submitting Requests for Redesignation to Attainment of the Ozone and 
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS) 
On or After November 15, 1992,'' Memorandum from Michael H. Shapiro, 
Acting Assistant Administrator for Air and Radiation, September 17, 
1993;
    8. ``Use of Actual Emissions in Maintenance Demonstrations for 
Ozone and CO Nonattainment Areas,'' Memorandum from D. Kent Berry, 
Acting Director, Air Quality Management Division, November 30, 1993;
    9. ``Part D New Source Review (Part D NSR) Requirements for 
Areas Requesting Redesignation to Attainment,'' Memorandum from Mary 
D. Nichols, Assistant Administrator for Air and Radiation, October 
14, 1994; and
    10. ``Reasonable Further Progress, Attainment Demonstration, and 
Related Requirements for Ozone Nonattainment Areas Meeting the Ozone 
National Ambient Air Quality Standard,'' Memorandum from John S. 
Seitz, Director, Office of Air Quality Planning and Standards, May 
10, 1995.

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

A. Has the Cincinnati area attained the 2008 ozone NAAQS?

    For redesignation of a nonattainment area to attainment, the CAA 
requires EPA to determine that the area has attained the applicable 
NAAQS (CAA section 107(d)(3)(E)(i)). An area is attaining the 2008 
ozone NAAQS if it meets the 2008 ozone NAAQS, as determined in 
accordance with 40 CFR 50.15 and appendix P of part 50, based on three 
complete, consecutive calendar years of quality-assured air quality 
data for all monitoring sites in the area. To attain the NAAQS, the 
three-year average of the annual fourth-highest daily maximum 8-hour 
average ozone concentrations (ozone design values) at each monitor must 
not exceed 0.075 ppm. The air quality data must be collected and 
quality-assured in accordance with 40 CFR part 58 and recorded in EPA's 
Air Quality System (AQS). Ambient air quality monitoring data for the 
three-year period must also meet data completeness requirements. An 
ozone design value is valid if daily maximum 8-hour average 
concentrations are available for at least 90% of the days within the 
ozone monitoring seasons,\2\ on average, for the three-year period, 
with a minimum data completeness of 75% during the ozone monitoring 
season of any year during the three-year period. See section 2.3 of 
appendix P to 40 CFR part 50.
---------------------------------------------------------------------------

    \2\ The ozone season is defined by state in 40 CFR 58 appendix 
D. For the 2012-2014 and 2013-2015 periods, the ozone seasons for 
Ohio, Indiana, and Kentucky were April-October, April-September, and 
March-October, respectively. Beginning in 2016, the ozone seasons 
for Ohio, Indiana and Kentucky are March-October. See, 80 FR 65292, 
65466-67 (October 26, 2015).
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    On May 4, 2016, in accordance with section 181(b)(2)(A) of the CAA 
and the provisions of the SIP Requirements Rule (40 CFR 51.1103), EPA 
made a determination that the Cincinnati area attained the standard by 
its July 20, 2015, attainment date for the 2008 ozone NAAQS. This 
determination was based upon three years of complete, quality-assured 
and certified data for the 2012-2014 period. In addition, EPA has 
reviewed the available ozone monitoring data from monitoring sites in 
the Cincinnati area for the 2013-2015 period. These data have been 
quality-assured, are recorded in the AQS, and have been certified. 
These data demonstrate that the Cincinnati area is attaining the 2008 
ozone NAAQS. The annual fourth-highest 8-hour ozone concentrations and 
the three-year average of these concentrations (monitoring site ozone 
design values) for each monitoring site are summarized in Table 1.

 Table 1--Annual 4th High Daily Maximum 8-Hour Ozone Concentrations and Three-Year Average of the 4th High Daily Maximum 8-Hour Ozone Concentrations for
                                                                   the Cincinnati Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                 2013 4th      2014 4th      2015 4th       2013-2015
                   State                                 County                  Monitor        high  (ppm)   high  (ppm)   high  (ppm)   average  (ppm)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ohio.......................................  Butler.......................        39-017-0004        0.068         0.070         0.070            0.069
                                                                                  39-017-0018        0.068         0.069         0.070            0.069
                                                                                  39-017-9991        0.069         0.069         0.068            0.068
                                             Clermont.....................        39-025-0022        0.066         0.068         0.070            0.068

[[Page 95084]]

 
                                             Clinton......................        39-027-1002        0.064         0.070         0.070            0.068
                                                                                  39-061-0006        0.069         0.070         0.072            0.070
                                             Hamilton.....................        39-061-0010        0.064         0.073         0.070            0.069
                                                                                  39-061-0040        0.069         0.069         0.071            0.069
                                             Warren.......................        39-165-0007        0.067         0.071         0.071            0.069
Kentucky...................................  Boone........................        21-015-0003        0.059         0.062         0.062            0.061
                                             Campbell.....................        21-037-3002        0.072         0.071         0.071            0.071
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The three-year ozone design value for 2013-2015 is 0.071 ppm,\3\ 
which meets the 2008 ozone NAAQS. Therefore, in this action, EPA 
proposes to determine that the Cincinnati area is attaining the 2008 
ozone NAAQS.
---------------------------------------------------------------------------

    \3\ The monitor ozone design value for the monitor with the 
highest three-year averaged concentration.
---------------------------------------------------------------------------

    EPA will not take final action to determine that the Cincinnati 
area is attaining the NAAQS nor to approve the redesignation of this 
area if the design value of a monitoring site in the area exceeds the 
NAAQS after proposal but prior to final approval of the redesignation. 
Preliminary 2016 data indicate that this area continues to attain the 
2008 ozone NAAQS. As discussed in section IV.D.3. of this preamble, 
IDEM has committed to continue monitoring ozone in this area to verify 
maintenance of the ozone standard.

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

    As criteria for redesignation of an area from nonattainment to 
attainment of a NAAQS, the CAA requires EPA to determine that the state 
has met all applicable requirements under section 110 and part D of 
title I of the CAA (see section 107(d)(3)(E)(v) of the CAA) and that 
the state has a fully approved SIP under section 110(k) of the CAA (see 
section 107(d)(3)(E)(ii) of the CAA). We are proposing to determine 
that Indiana has met all currently applicable SIP requirements for 
purposes of redesignation of the Cincinnati area to attainment of the 
2008 ozone standard under section 110 and part D of the CAA, in 
accordance with section 107(d)(3)(E)(v). We are also proposing to 
determine that the Indiana SIP, with the exception of the comprehensive 
emissions inventory and emissions statements rules, is fully approved 
with respect to all applicable requirements for purposes of 
redesignation to attainment of the 2008 ozone standard, in accordance 
with section 107(d)(3)(E)(ii) of the CAA. As discussed below, in this 
action EPA is proposing to approve Indiana's 2011 comprehensive 
emissions inventory as meeting the comprehensive emissions inventory 
requirement of section 182(a)(1) for the area. EPA is taking action on 
the Indiana emissions statements rules required by section 182(a)(3)(B) 
in a separate rule.
    Recognizing that the comprehensive emissions inventory and 
emissions statements rules must be approved on or before the date we 
complete final rulemaking approving the redesignation requests, we 
determine here that, assuming that this occurs, Indiana will have met 
all applicable section 110 and part D SIP requirements of the CAA for 
purposes of approval of Indiana's ozone redesignation request for the 
Cincinnati area and will have a fully approved SIP under section 110(k) 
of the CAA. In making these proposed determinations, EPA ascertained 
which CAA requirements are applicable to the Cincinnati area and the 
Indiana SIP and, if applicable, whether the required Indiana SIP 
elements are fully approved under section 110(k) and part D of the CAA. 
As discussed more fully below, SIPs must be fully approved only with 
respect to currently applicable requirements of the CAA.
    The September 4, 1992, Calcagni memorandum (see ``Procedures for 
Processing Requests to Redesignate Areas to Attainment,'' Memorandum 
from John Calcagni, Director, Air Quality Management Division, 
September 4, 1992) describes EPA's interpretation of section 
107(d)(3)(E) of the CAA. Under this interpretation, a state and the 
area it wishes to redesignate must meet the relevant CAA requirements 
that are due prior to the state's submittal of a complete redesignation 
request for the area. See also the September 17, 1993, Michael Shapiro 
memorandum and 60 FR 12459, 12465-66 (March 7, 1995) (redesignation of 
Detroit-Ann Arbor, Michigan to attainment of the 1-hour ozone NAAQS). 
Applicable requirements of the CAA that come due subsequent to the 
state's submittal of a complete request remain applicable until a 
redesignation to attainment is approved, but are not required as a 
prerequisite to redesignation. See section 175A(c) of the CAA. Sierra 
Club v. EPA, 375 F.3d 537 (7th Cir. 2004). See also 68 FR 25424, 25427 
(May 12, 2003) (redesignation of the St. Louis/East St. Louis area to 
attainment of the 1-hour ozone NAAQS).
1. Indiana Has Met All Applicable Requirements of Section 110 and Part 
D of the CAA Applicable to the Indiana Portion of the Cincinnati Area 
for Purposes of Redesignation
a. Section 110 General Requirements for Implementation Plans
    Section 110(a)(2) of the CAA delineates the general requirements 
for a SIP. Section 110(a)(2) provides that the SIP must have been 
adopted by the state after reasonable public notice and hearing, and 
that, among other things, it must: (1) Include enforceable emission 
limitations and other control measures, means or techniques necessary 
to meet the requirements of the CAA; (2) provide for establishment and 
operation of appropriate devices, methods, systems and procedures 
necessary to monitor ambient air quality; (3) provide for 
implementation of a source permit program to regulate the modification 
and construction of stationary sources within the areas covered by the 
plan; (4) include provisions for the implementation of part C 
prevention of significant deterioration (PSD) and part D new source 
review (NSR) permit programs; (5) include provisions for stationary 
source emission control measures, monitoring, and reporting; (6) 
include provisions for air quality

[[Page 95085]]

modeling; and (7) provide for public and local agency participation in 
planning and emission control rule development.
    Section 110(a)(2)(D) of the CAA requires SIPs to contain measures 
to prevent sources in a state from significantly contributing to air 
quality problems in another state. To implement this provision, EPA has 
required certain states to establish programs to address transport of 
certain air pollutants, e.g., NOX SIP call.\4\ However, like 
many of the 110(a)(2) requirements, the section 110(a)(2)(D) SIP 
requirements are not linked with a particular area's ozone designation 
and classification. EPA concludes that the SIP requirements linked with 
the area's ozone designation and classification are the relevant 
measures to evaluate when reviewing a redesignation request for the 
area. The section 110(a)(2)(D) requirements, where applicable, continue 
to apply to a state regardless of the designation of any one particular 
area within the state. Thus, we believe these requirements are not 
applicable requirements for purposes of redesignation. See 65 FR 37890 
(June 19, 2000), 68 FR 25418, 25426-27 (May 12, 2003).
---------------------------------------------------------------------------

    \4\ On October 27, 1992 (63 FR 57356), EPA issued a 
NOX SIP call requiring the District of Columbia and 22 
states to reduce emissions of NOX in order to reduce the 
transport of ozone and ozone precursors. In compliance with EPA's 
NOX SIP call, Indiana developed rules governing the 
control of NOX emissions from Electric Generating Units 
(EGUs), major non-EGU industrial boilers and turbines, and major 
cement kilns. EPA approved Indiana's rules as fulfilling Phase I of 
the NOX SIP Call on November 8, 2001 (66 FR 56465), and 
as meeting Phase II of the NOX SIP Call on October 1, 
2007 (72 FR 55664).
---------------------------------------------------------------------------

    In addition, EPA believes that other section 110 elements that are 
neither connected with nonattainment plan submissions nor linked with 
an area's ozone attainment status are not applicable requirements for 
purposes of redesignation. The area will still be subject to these 
requirements after the area is redesignated to attainment of the 2008 
ozone NAAQS. The section 110 and part D requirements which are linked 
with a particular area's designation and classification are the 
relevant measures to evaluate in reviewing a redesignation request. 
This approach is consistent with EPA's existing policy on applicability 
(i.e., for redesignations) of conformity and oxygenated fuels 
requirements, as well as with section 184 ozone transport requirements. 
See Reading, Pennsylvania proposed and final rulemakings, 61 FR 53174-
53176 (October 10, 1996) and 62 FR 24826 (May 7, 1997); Cleveland-
Akron-Loraine, Ohio final rulemaking, 61 FR 20458 (May 7, 1996); and 
Tampa, Florida final rulemaking, 60 FR 62748 (December 7, 1995). See 
also the discussion of this issue in the Cincinnati, Ohio ozone 
redesignation (65 FR 37890, June 19, 2000), and the Pittsburgh, 
Pennsylvania ozone redesignation (66 FR 50399, October 19, 2001).
    We have reviewed Indiana's SIP and have concluded that it meets the 
general SIP requirements under section 110 of the CAA, to the extent 
those requirements are applicable for purposes of redesignation. On 
April 29, 2015 (80 FR 23713), EPA approved elements of the SIP 
submitted by Indiana to meet the requirements of section 110 for the 
2008 ozone standard. The requirements of section 110(a)(2), however, 
are statewide requirements that are not linked to the ozone 
nonattainment status of the Cincinnati area. Therefore, EPA concludes 
that these infrastructure requirements are not applicable requirements 
for purposes of review of the state's ozone redesignation request.
b. Part D Requirements
    Section 172(c) of the CAA sets forth the basic requirements of air 
quality plans for states with nonattainment areas that are required to 
submit them pursuant to section 172(b). Subpart 2 of part D, which 
includes section 182 of the CAA, establishes specific requirements for 
ozone nonattainment areas depending on the areas' nonattainment 
classifications.
    The Cincinnati area was classified as marginal under subpart 2 for 
the 2008 ozone NAAQS. As such, the area is subject to the subpart 1 
requirements contained in section 172(c) and section 176. Similarly, 
the area is subject to the subpart 2 requirements contained in section 
182(a) (marginal nonattainment area requirements). A thorough 
discussion of the requirements contained in section 172(c) and 182 can 
be found in the General Preamble for Implementation of Title I (57 FR 
13498).
i. Subpart 1 Section 172 Requirements
    As provided in subpart 2, for marginal ozone nonattainment areas 
such as the Cincinnati area, the specific requirements of section 
182(a) apply in lieu of the attainment planning requirements that would 
otherwise apply under section 172(c), including the attainment 
demonstration and reasonably available control measures (RACM) under 
section 172(c)(1), reasonable further progress (RFP) under section 
172(c)(2), and contingency measures under section 172(c)(9). 42 U.S.C. 
7511a(a).
    Section 172(c)(3) requires submission and approval of a 
comprehensive, accurate and current inventory of actual emissions. This 
requirement is superseded by the inventory requirement in section 
182(a)(1) discussed below.
    Section 172(c)(4) requires the identification and quantification of 
allowable emissions for major new and modified stationary sources in an 
area, and section 172(c)(5) requires source permits for the 
construction and operation of new and modified major stationary sources 
anywhere in the nonattainment area. EPA approved Indiana's NSR program 
on October 7, 1994 (59 FR 51108), and approved revisions to Indiana's 
NSR program on June 18, 2007 (72 FR 33395), July 8, 2011 (76 FR 40242), 
and July 2, 2014 (79 FR 37646). Nonetheless, EPA has determined that, 
since PSD requirements will apply after redesignation, areas being 
redesignated need not comply with the requirement that a NSR program be 
approved prior to redesignation, provided that the area demonstrates 
maintenance of the NAAQS without part D NSR. A more detailed rationale 
for this view is described in a memorandum from Mary Nichols, Assistant 
Administrator for Air and Radiation, dated October 14, 1994, entitled, 
``Part D New Source Review Requirements for Areas Requesting 
Redesignation to Attainment.'' Indiana has demonstrated that the 
Cincinnati area will be able to maintain the standard without part D 
NSR in effect; therefore, EPA concludes that the state need not have a 
fully approved part D NSR program prior to approval of the 
redesignation request. See rulemakings for Detroit, Michigan (60 FR 
12467-12468, March 7, 1995); Cleveland-Akron-Lorain, Ohio (61 FR 20458, 
20469-20470, May 7, 1996); Louisville, Kentucky (66 FR 53665, October 
23, 2001); and Grand Rapids, Michigan (61 FR 31834-31837, June 21, 
1996). Indiana's PSD program will become effective in the Cincinnati 
area upon redesignation to attainment. EPA conditionally approved 
Indiana's PSD program on March 3, 2003 (68 FR 9892), fully approved 
Indiana's PSD program on May 20, 2004 (69 FR 29071), and approved 
revisions to Indiana's PSD program on July 8, 2011 (76 FR 40242), 
September 28, 2011 (76 FR 59899), and July 2, 2014 (79 FR 37646).
    Section 172(c)(6) requires the SIP to contain control measures 
necessary to provide for attainment of the NAAQS. Because attainment 
has been reached,

[[Page 95086]]

no additional measures are needed to provide for attainment.
    Section 172(c)(7) requires the SIP to meet the applicable 
provisions of section 110(a)(2). As noted above, we believe the Indiana 
SIP meets the requirements of section 110(a)(2) for purposes of 
redesignation.
ii. Section 176 Conformity Requirements
    Section 176(c) of the CAA requires states to establish criteria and 
procedures to ensure that Federally supported or funded projects 
conform to the air quality planning goals in the applicable SIP. The 
requirement to determine conformity applies to transportation plans, 
programs and projects that are developed, funded or approved under 
title 23 of the United States Code (U.S.C.) and the Federal Transit Act 
(transportation conformity) as well as to all other Federally supported 
or funded projects (general conformity). State transportation 
conformity SIP revisions must be consistent with Federal conformity 
regulations relating to consultation, enforcement and enforceability 
that EPA promulgated pursuant to its authority under the CAA.
    EPA interprets the conformity SIP requirements \5\ as not applying 
for purposes of evaluating a redesignation request under section 107(d) 
because state conformity rules are still required after redesignation 
and Federal conformity rules apply where state conformity rules have 
not been approved. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001) 
(upholding this interpretation); see also 60 FR 62748 (December 7, 
1995) (redesignation of Tampa, Florida). Nonetheless, Indiana has an 
approved conformity SIP for the Cincinnati area. See 80 FR 11133 (March 
2, 2015).
---------------------------------------------------------------------------

    \5\ CAA section 176(c)(4)(E) requires states to submit revisions 
to their SIPs to reflect certain Federal criteria and procedures for 
determining transportation conformity. Transportation conformity 
SIPs are different from SIPs requiring the development of Motor 
Vehicle Emission Budgets (MVEBs), such as control strategy SIPs and 
maintenance plans.
---------------------------------------------------------------------------

iii. Section 182(a) Requirements
    Section 182(a)(1) requires states to submit a comprehensive, 
accurate, and current inventory of actual emissions from sources of VOC 
and NOX emitted within the boundaries of the ozone 
nonattainment area. As part of Indiana's redesignation request for the 
Cincinnati area, the state submitted a 2011 base year emissions 
inventory. As discussed in section VI. of this preamble, EPA is 
proposing to approve the 2011 base year inventory that Indiana 
submitted with the redesignation request as meeting the section 
182(a)(1) emissions inventory requirement.
    Under section 182(a)(2)(A), states with ozone nonattainment areas 
that were designated prior to the enactment of the 1990 CAA amendments 
were required to submit, within six months of classification, all rules 
and corrections to existing VOC reasonably available control technology 
(RACT) rules that were required under section 172(b)(3) prior to the 
1990 CAA amendments. The Indiana portion of the Cincinnati area is not 
subject to the section 182(a)(2) RACT ``fix up'' requirement for the 
2008 ozone NAAQS because it was not subject to RACT prior to the 
enactment of the 1990 CAA amendments.
    Section 182(a)(2)(B) requires each state with a marginal ozone 
nonattainment area that implemented or was required to implement a 
vehicle inspection and maintenance (I/M) program prior to the 1990 CAA 
amendments to submit a SIP revision for an I/M program no less 
stringent than that required prior to the 1990 CAA amendments or 
already in the SIP at the time of the CAA amendments, whichever is more 
stringent. For the purposes of the 2008 ozone standard and the 
consideration of Indiana's redesignation request for this standard, the 
Indiana portion of the Cincinnati area is not subject to the section 
182(a)(2)(B) requirement because it was not designated as nonattainment 
for any ozone standard prior to the enactment of the 1990 CAA 
amendments and did not have an I/M program before 1990.
    Regarding the source permitting and offset requirements of section 
182(a)(2)(C) and section 182(a)(4), Indiana currently has a fully-
approved part D NSR program in place. EPA conditionally approved 
Indiana's PSD program on March 3, 2003 (68 FR 9892), fully approved 
Indiana's PSD program on May 20, 2004 (69 FR 29071), and approved 
revisions to Indiana's PSD program on July 8, 2011 (76 FR 40242), 
September 28, 2011 (76 FR 59899), and July 2, 2014 (79 FR 37646). As 
discussed above, Indiana has demonstrated that the Cincinnati area will 
be able to maintain the standard without part D NSR in effect; 
therefore, EPA concludes that the state need not have a fully approved 
part D NSR program prior to approval of the redesignation request. The 
state's PSD program will become effective in the Cincinnati area upon 
redesignation to attainment.
    Section 182(a)(3)(A) requires states to submit periodic emission 
inventories and section 182(a)(3)(B) requires states to submit a 
revision to the SIP to require the owners or operators of stationary 
sources to annually submit emissions statements documenting actual VOC 
and NOX emissions. As discussed in section IV.D.4. of this 
preamble, Indiana will continue to update its emissions inventory at 
least once every three years. With regard to stationary source 
emissions statements, Indiana submitted a SIP revision to address these 
requirements on June 1, 2016. EPA is taking action on this revision in 
a separate rulemaking action. Full approval of Indiana's emissions 
statements rules is a prerequisite for approval of the redesignation of 
the Cincinnati area to attainment.
    Upon approval of Indiana's emissions inventory and emissions 
statements rules, the Indiana portion of the Cincinnati area will have 
satisfied all applicable requirements for purposes of redesignation 
under section 110 and part D of title I of the CAA.
2. The Indiana Portion of the Cincinnati Area Has a Fully Approved SIP 
for Purposes of Redesignation Under Section 110(k) of the CAA
    Indiana has adopted and submitted and EPA has approved at various 
times, provisions addressing the various SIP elements applicable for 
the ozone NAAQS. In this action, EPA is proposing to approve Indiana's 
2011 comprehensive emissions inventory for the Cincinnati area as 
meeting the requirement of section 182(a)(1) of the CAA. In a separate 
rule, EPA will take action on the Indiana emissions statements rules 
submittal. As discussed above, if EPA issues a final approval of the 
comprehensive emissions inventory and Indiana's emissions statements 
rules submittals, EPA will have fully approved the Indiana SIP for the 
Cincinnati 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 the Calcagni 
memorandum at page 3; Southwestern Pennsylvania Growth Alliance v. 
Browner, 144 F.3d 984, 989-990 (6th Cir. 1998); Wall v. EPA, 265 F.3d 
426), plus any additional measures it may approve in conjunction with a 
redesignation action (see 68 FR 25426 (May 12, 2003) and citations 
therein).

C. Are the air quality improvements in the Cincinnati area due to 
permanent and enforceable emission reductions?

    To support the redesignation of an area from nonattainment to 
attainment, section 107(d)(3)(E)(iii) of the CAA requires EPA to 
determine that the air quality improvement in the area is due to 
permanent and enforceable

[[Page 95087]]

reductions in emissions resulting from the implementation of the SIP 
and applicable Federal air pollution control regulations and other 
permanent and other permanent and enforceable emission reductions. EPA 
has determined that Indiana has demonstrated that that the observed 
ozone air quality improvement in the Cincinnati area is due to 
permanent and enforceable reductions in VOC and NOX 
emissions resulting from state measures adopted into the SIP and 
Federal measures.
    In making this demonstration, the state has calculated the change 
in emissions between 2011 and 2014. The reduction in emissions and the 
corresponding improvement in air quality over this period can be 
attributed to a number of regulatory control measures that the 
Cincinnati area and upwind areas have implemented in recent years. In 
addition, IDEM provided an analysis to demonstrate the improvement in 
air quality was not due to unusually favorable meteorology. Based on 
the information summarized below, Indiana has adequately demonstrated 
that the improvement in air quality is due to permanent and enforceable 
emissions reductions.
1. Permanent and Enforceable Emission Controls Implemented
a. Regional NOX Controls
    Clean Air Interstate Rule (CAIR)/Cross State Air Pollution Rule 
(CSAPR). CAIR created regional cap-and-trade programs to reduce sulfur 
dioxide (SO2) and NOX emissions in 27 eastern 
states, including Indiana, that contributed to downwind nonattainment 
and maintenance of the 1997 ozone NAAQS and the 1997 fine particulate 
matter (PM2.5) NAAQS. See 70 FR 25162 (May 12, 2005). EPA 
approved Indiana's CAIR regulations into the Indiana SIP on October 22, 
2007 (72 FR 59480) and November 29, 2010 (75 FR 72956). In 2008, the 
United States Court of Appeals for the District of Columbia Circuit 
(D.C. Circuit) initially vacated CAIR, North Carolina v. EPA, 531 F.3d 
896 (D.C. Cir. 2008), but ultimately remanded the rule to EPA without 
vacatur to preserve the environmental benefits provided by CAIR, North 
Carolina v. EPA, 550 F.3d 1176, 1178 (D.C. Cir. 2008). On August 8, 
2011 (76 FR 48208), acting on the D.C. Circuit's remand, EPA 
promulgated CSAPR to replace CAIR and thus to address the interstate 
transport of emissions contributing to nonattainment and interfering 
with maintenance of the two air quality standards covered by CAIR as 
well as the 2006 PM2.5 NAAQS. CSAPR requires substantial 
reductions of SO2 and NOX emissions from electric 
generating units (EGUs) in 28 states in the Eastern United States.
    The D.C. Circuit's initial vacatur of CSAPR \6\ was reversed by the 
United States Supreme Court on April 29, 2014, and the case was 
remanded to the D.C. Circuit to resolve remaining issues in accordance 
with the high court's ruling. EPA v. EME Homer City Generation, L.P., 
134 S. Ct. 1584 (2014). On remand, the D.C. Circuit affirmed CSAPR in 
most respects, but invalidated without vacating some of the CSAPR 
budgets as to a number of states. EME Homer City Generation, L.P. v. 
EPA, 795 F.3d 118 (D.C. Cir. 2015). This litigation ultimately delayed 
implementation of CSAPR for three years, from January 1, 2012, when 
CSAPR's cap-and-trade programs were originally scheduled to replace the 
CAIR cap-and-trade programs, to January 1, 2015. Thus, the rule's Phase 
2 budgets were originally promulgated to begin on January 1, 2014, and 
are now scheduled to begin on January 1, 2017. On October 26, 2016 (81 
FR 74504), EPA published the CSAPR Update for the 2008 ozone NAAQS, 
which resolves the invalidation of Phase 2 budgets by the D.C. Circuit. 
That action promulgates new NOX ozone season budgets 
addressing interstate transport with respect to the 2008 ozone NAAQS 
that take effect in 2017. The reduction in NOX emissions 
from the implementation of CSAPR will result in lower concentrations of 
transported ozone entering the Cincinnati area throughout the 
maintenance period.
---------------------------------------------------------------------------

    \6\ EME Homer City Generation, L.P. v. EPA, 696 F.3d 7, 38 (D.C. 
Cir. 2012).
---------------------------------------------------------------------------

b. Federal Emission Control Measures
    Reductions in VOC and NOX emissions have occurred 
statewide and in upwind areas as a result of Federal emission control 
measures, with additional emission reductions expected to occur in the 
future. Federal emission control measures include the following.
    Tier 2 Emission Standards for Vehicles and Gasoline Sulfur 
Standards. On February 10, 2000 (65 FR 6698), EPA promulgated Tier 2 
motor vehicle emission standards and gasoline sulfur control 
requirements. These emission control requirements result in lower VOC 
and NOX emissions from new cars and light duty trucks, 
including sport utility vehicles. With respect to fuels, this rule 
required refiners and importers of gasoline to meet lower standards for 
sulfur in gasoline, which were phased in between 2004 and 2006. By 
2006, refiners were required to meet a 30 ppm average sulfur level, 
with a maximum cap of 80 ppm. This reduction in fuel sulfur content 
ensures the effectiveness of low emission-control technologies. The 
Tier 2 tailpipe standards established in this rule were phased in for 
new vehicles between 2004 and 2009. EPA estimates that, when fully 
implemented, this rule will cut NOX and VOC emissions from 
light-duty vehicles and light-duty trucks by approximately 76% and 28%, 
respectively. NOX and VOC reductions from medium-duty 
passenger vehicles included as part of the Tier 2 vehicle program are 
estimated to be approximately 37,000 and 9,500 tons per year, 
respectively, when fully implemented. In addition, EPA estimates that 
beginning in 2007, a reduction of 30,000 tons per year of 
NOX will result from the benefits of sulfur control on 
heavy-duty gasoline vehicles. Some of these emission reductions 
occurred by the attainment years and additional emission reductions 
will occur throughout the maintenance period, as older vehicles are 
replaced with newer, compliant model years.
    Tier 3 Emission Standards for Vehicles and Gasoline Sulfur 
Standards. On April 28, 2014 (79 FR 23414), EPA promulgated Tier 3 
motor vehicle emission and fuel standards to reduce both tailpipe and 
evaporative emissions and to further reduce the sulfur content in 
fuels. The rule will be phased in between 2017 and 2025. Tier 3 sets 
new tailpipe standards for the sum of VOC and NOX and for 
particulate matter. The VOC and NOX tailpipe standards for 
light-duty vehicles represent approximately an 80% reduction from 
today's fleet average and a 70% reduction in per-vehicle particulate 
matter (PM) standards. Heavy-duty tailpipe standards represent about a 
60% reduction in both fleet average VOC and NOX and per-
vehicle PM standards. The evaporative emissions requirements in the 
rule will result in approximately a 50% reduction from current 
standards and apply to all light-duty and onroad gasoline-powered 
heavy-duty vehicles. Finally, the rule lowers the sulfur content of 
gasoline to an annual average of 10 ppm by January 2017. While these 
reductions did not aid the area in attaining the standard, emission 
reductions will occur during the maintenance period.
    Heavy-Duty Diesel Engine Rules. In July 2000, EPA issued a rule for 
on-highway heavy-duty diesel engines that includes standards limiting 
the sulfur content of diesel fuel. Emissions standards for 
NOX, VOC and PM were phased in between model years 2007

[[Page 95088]]

and 2010. In addition, the rule reduced the highway diesel fuel sulfur 
content to 15 parts per million by 2007, leading to additional 
reductions in combustion NOX and VOC emissions. EPA has 
estimated future year emission reductions due to implementation of this 
rulemaking. Nationally, EPA estimated that 2015 NOX and VOC 
emissions would decrease by 1,260,000 tons and 54,000 tons, 
respectively. Nationally, EPA estimated that 2030 NOX and 
VOC emissions will decrease by 2,570,000 tons and 115,000 tons, 
respectively. As projected by these estimates and demonstrated in the 
onroad emission modeling for the Cincinnati area, some of these 
emission reductions occurred by the attainment years and additional 
emission reductions will occur throughout the maintenance period, as 
older vehicles are replaced with newer, compliant model years.
    Nonroad Diesel Rule. On June 29, 2004 (69 FR 38958), EPA issued a 
rule adopting emissions standards for nonroad diesel engines and sulfur 
reductions in nonroad diesel fuel. This rule applies to diesel engines 
used primarily in construction, agricultural, and industrial 
applications. Emission standards are phased in for 2008 through 2015 
model years based on engine size. The SO2 limits for nonroad 
diesel fuels were phased in from 2007 through 2012. EPA estimates that 
when fully implemented, compliance with this rule will cut 
NOX emissions from these nonroad diesel engines by 
approximately 90%. Some of these emission reductions occurred by the 
attainment years and additional emission reductions will occur 
throughout the maintenance period.
    Nonroad Spark-Ignition Engines and Recreational Engine Standards. 
On November 8, 2002 (67 FR 68242), EPA adopted emission standards for 
large spark-ignition engines such as those used in forklifts and 
airport ground-service equipment; recreational vehicles such as off-
highway motorcycles, all-terrain vehicles, and snowmobiles; and 
recreational marine diesel engines. These emission standards are phased 
in from model year 2004 through 2012. When fully implemented, EPA 
estimates an overall 72% reduction in VOC emissions from these engines 
and an 80% reduction in NOX emissions. Some of these 
emission reductions occurred by the attainment years and additional 
emission reductions will occur throughout the maintenance period.
    National Emission Standards for Hazardous Air Pollutants (NESHAP) 
for Reciprocating Internal Combustion Engines. On March 3, 2010 (75 FR 
9648), EPA issued a rule to reduce hazardous air pollutants from 
existing diesel powered stationary reciprocating internal combustion 
engines, also known as compression ignition engines. Amendments to this 
rule were finalized on January 14, 2013 (78 FR 6674). EPA estimated 
that when this rule is fully implemented in 2013, NOX and 
VOC emissions from these engines will be reduced by approximately 9,600 
and 36,000 tons per year, respectively.
    Category 3 Marine Diesel Engine Standards. On April 30, 2010 (75 FR 
22896) EPA issued emission standards for marine compression-ignition 
engines at or above 30 liters per cylinder. Tier 2 emission standards 
apply beginning in 2011, and are expected to result in a 15% to 25% 
reduction in NOX emissions from these engines. Final Tier 3 
emission standards apply beginning in 2016 and are expected to result 
in approximately an 80% reduction in NOX from these engines. 
Some of these emission reductions occurred by the attainment years and 
additional emission reductions will occur throughout the maintenance 
period.
c. Control Measures Specific to the Cincinnati Area
    Changes at several EGUs have resulted in reductions in 
NOX emissions. Tanner's Creek Generating Station in Dearborn 
County, Indiana permanently shut down in May 2015. Prior to the 
shutdown, NOX emissions had dropped from 15.08 tons per 
summer day (TPSD) in 2011 to 10.6 TPSD in 2014. The Walter C. Beckjord 
facility in Clermont County, Ohio permanently shut down in October of 
2014. Prior to the shutdown, NOX emissions from EGUs in 
Clermont County dropped from 43.41 TPSD in 2011 to 41.17 TPSD in 2014, 
partly attributable to the Walter C. Beckjord facility. Finally, Unit 3 
(163 megawatts) of the Miami Fort facility in Hamilton County, Ohio 
permanently shut down in June of 2015. Prior to shutdown, 
NOX emissions from EGUs in Hamilton County dropped from 
17.72 TPSD in 2011 to 17.46 TPSD in 2014, partly attributable to 
reductions at unit 3 at Miami Fort.
2. Emission Reductions
    Indiana is using a 2011 inventory as the nonattainment base year. 
Area, nonroad mobile, airport related emissions (AIR), and point source 
emissions (EGUs and non-EGUs) were collected from the Ozone NAAQS 
Implementation Modeling platform (2011v6.1). For 2011, this represents 
actual data reported to EPA by the states for the 2011 National 
Emissions inventory (NEI). Because emissions from state inventory 
databases, the NEI, and the Ozone NAAQS Emissions Modeling platform are 
annual totals, tons per summer day were derived according to EPA's 
guidance document ``Temporal Allocation of Annual Emissions Using EMCH 
Temporal Profiles'' dated April 29 2002, using the temporal allocation 
references accompanying the 2011v6.1 modeling inventory files. Onroad 
mobile source emissions were developed in conjunction with the Ohio-
Kentucky-Indiana Regional Council of Governments (OKI) and were 
calculated from emission factors produced by EPA's 2014 Motor Vehicle 
Emission Simulator (MOVES) model and data extracted from the region's 
travel-demand model.
    For the attainment inventory, Indiana is using 2014, one of the 
years the Cincinnati area monitored attainment of the 2008 ozone 
standard. Because the 2014 NEI inventory was not available at the time 
IDEM was compiling the redesignation request, the state was unable to 
use the 2014 NEI inventory directly. For area, nonroad mobile, and AIR, 
2014 emissions were derived by interpolating between 2011 and 2018 
Ozone NAAQS Emissions Modeling platform inventories. The point source 
sector for the 2014 inventory was developed using actual 2014 point 
source emissions reported to the state databases, which serve as the 
basis for the point source emissions reported to EPA for the NEI. 
Summer day inventories were derived for these sectors using the 
methodology described above. Finally, onroad mobile source emissions 
were developed in conjunction with OKI using the same methodology 
described above for the 2011 inventory.
    Using the inventories described above, Indiana's submittal 
documents changes in VOC and NOX emissions from 2011 to 2014 
for the Cincinnati area. Emissions data are shown in Tables 2 through 
7.

[[Page 95089]]



                                           Table 2--Cincinnati Area NOX Emissions for Nonattainment Year 2011
                                                                         [TPSD]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                         County                                Point            AIR           Nonroad          Area           Onroad           Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Indiana:
    Dearborn............................................           17.79            0.00            0.53            0.47            1.89           20.68
Ohio:
    Butler..............................................           10.67            0.02            4.27            4.78           12.24           31.98
    Clermont............................................           43.55            0.00            2.27            1.14            7.52           54.48
    Clinton.............................................            0.00            0.00            1.15            0.52            4.53            6.20
    Hamilton............................................           26.29            0.02            8.56           10.09           33.69           78.65
    Warren..............................................            1.55            0.00            3.24            1.66            9.84           16.29
Kentucky:
    Boone...............................................            7.19            2.03            1.06            0.43            6.90           17.61
    Campbell............................................            0.17            0.00            0.38            0.49            4.30            5.34
    Kenton..............................................            0.01            0.00            0.77            1.02            6.53            8.33
                                                         -----------------------------------------------------------------------------------------------
        Area Totals.....................................          107.22            2.07           22.23           20.60           87.44          239.56
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                           Table 3--Cincinnati Area VOC Emissions for Nonattainment Year 2011
                                                                         [TPSD]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                         County                                Point            AIR           Nonroad          Area           Onroad           Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Indiana:
    Dearborn............................................            4.28            0.00            0.42            1.75            1.33            7.78
Ohio:
    Butler..............................................            3.09            0.03            2.93            9.59           10.21           25.85
    Clermont............................................            0.49            0.01            1.95            5.41            6.27           14.13
    Clinton.............................................            0.00            0.01            0.84            2.49            2.27            5.61
    Hamilton............................................            2.62            0.04            7.44           21.88           28.09           60.07
    Warren..............................................            0.62            0.01            2.12            5.71            8.21           16.67
Kentucky:
    Boone...............................................            1.73            0.42            1.49            2.66            3.30            9.60
    Campbell............................................            0.22            0.00            0.40            1.29            2.05            3.96
    Kenton..............................................            0.51            0.00            0.62            2.51            3.12            6.76
                                                         -----------------------------------------------------------------------------------------------
        Area Totals.....................................           13.56            0.52           18.21           53.29           64.85          150.43
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                             Table 4--Cincinnati Area NOX Emissions for Attainment Year 2014
                                                                         [TPSD]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                         County                                Point            AIR           Nonroad          Area           Onroad           Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Indiana:
    Dearborn............................................           11.74            0.00            0.44            0.47            1.37           14.02
Ohio:
    Butler..............................................           12.70            0.02            3.39            4.78            8.85           29.74
    Clermont............................................           41.20            0.00            1.81            1.14            5.44           49.59
    Clinton.............................................            0.00            0.00            0.96            0.52            3.51            4.99
    Hamilton............................................           21.65            0.02            6.76           10.08           24.37           62.88
    Warren..............................................            0.96            0.00            2.55            1.66            7.12           12.29
Kentucky:
    Boone...............................................            7.37            2.07            0.88            0.43            5.46           16.21
    Campbell............................................            0.17            0.00            0.32            0.49            3.41            4.39
    Kenton..............................................            0.01            0.00            0.64            1.02            5.17            6.84
                                                         -----------------------------------------------------------------------------------------------
        Area Totals.....................................           95.80            2.11           17.75           20.59           64.70          200.95
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                             Table 5--Cincinnati Area VOC Emissions for Attainment Year 2014
                                                                         [TPSD]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                         County                                Point            AIR           Nonroad          Area           Onroad           Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Indiana:
    Dearborn............................................            5.54            0.00            0.36            1.75            0.99            8.64
Ohio:
    Butler..............................................            2.96            0.03            2.61            9.51            7.59           22.70
    Clermont............................................            0.63            0.01            1.73            5.36            4.66           12.39
    Clinton.............................................            0.01            0.01            0.71            2.51            1.53            4.77
    Hamilton............................................            2.73            0.04            6.54           21.66           20.88           51.85

[[Page 95090]]

 
    Warren..............................................            0.51            0.01            1.93            5.66            6.10           14.21
Kentucky:
    Boone...............................................            1.73            0.42            1.30            2.56            2.53            8.54
    Campbell............................................            0.22            0.00            0.34            1.26            1.58            3.40
    Kenton..............................................            0.51            0.00            0.55            2.43            2.39            5.88
                                                         -----------------------------------------------------------------------------------------------
        Area Totals.....................................           14.84            0.52           16.07           52.70           48.25          132.38
--------------------------------------------------------------------------------------------------------------------------------------------------------


                      Table 6--Change in NOX and VOC Emissions Between 2011 and 2014 for the Indiana Portion of the Cincinnati Area
                                                                         [TPSD]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                NOX                                             VOC
                                                         -----------------------------------------------------------------------------------------------
                                                                                            Net change                                      Net change
                                                               2011            2014         (2011-2014)        2011            2014         (2011-2014)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...................................................           17.79           11.74           -6.05            4.28            5.54            1.26
AIR.....................................................            0.00            0.00            0.00            0.00            0.00            0.00
Nonroad.................................................            0.53            0.44           -0.09            0.42            0.36           -0.06
Area....................................................            0.47            0.47            0.00            1.75            1.75            0.00
Onroad..................................................            1.89            1.37           -0.52            1.33            0.99           -0.34
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................           20.68           14.02           -6.66            7.78            8.64            0.86
--------------------------------------------------------------------------------------------------------------------------------------------------------


                              Table 7--Change in NOX and VOC Emissions Between 2011 and 2014 for the Entire Cincinnati Area
                                                                         [TPSD]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                NOX                                             VOC
                                                         -----------------------------------------------------------------------------------------------
                                                                                            Net change                                      Net change
                                                               2011            2014         (2011-2014)        2011            2014         (2011-2014)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...................................................          107.22           95.80          -11.42           13.56           14.84            1.28
AIR.....................................................            2.07            2.11            0.04            0.52            0.52            0.00
Nonroad.................................................           22.23           17.75           -4.48           18.21           16.07           -2.14
Area....................................................           20.60           20.59           -0.01           53.29           52.70           -0.59
Onroad..................................................           87.44           64.70          -22.74           64.85           48.25          -16.60
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................          239.56          200.95          -38.61          150.43          132.38          -18.05
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Table 7 shows that the Cincinnati area reduced NOX and 
VOC emissions by 38.61 TPSD and 18.05 TPSD, respectively, between 2011 
and 2014. As shown in Table 6, the Indiana portion of the Cincinnati 
area alone reduced NOX emissions by 6.66 TPSD, but VOC 
emissions increased slightly by 0.86 TPSD, between 2011 and 2014. 
However, overall there was a substantial decrease in both 
NOX and VOC emissions for the entire Cincinnati area.
3. Meteorology.
    To further support IDEM's demonstration that the improvement in air 
quality between the year violations occurred and the year attainment 
was achieved, is due to permanent and enforceable emission reductions 
and not on favorable meteorology, an analysis was performed by the Lake 
Michigan Air Directors Consortium (LADCO). A classification and 
regression tree (CART) analysis was conducted with 2000 through 2014 
data from three Cincinnati area ozone sites. The goal of the analysis 
was to determine the meteorological and air quality conditions 
associated with ozone episodes, and construct trends for the days 
identified as sharing similar meteorological conditions.
    Regression trees were developed for the three monitors to classify 
each summer day by its ozone concentration and associated 
meteorological conditions. By grouping days with similar meteorology, 
the influence of meteorological variability on the underlying trend in 
ozone concentrations is partially removed and the remaining trend is 
presumed to be due to trends in precursor emissions or other non-
meteorological influences. The CART analysis showed that, reducing the 
impact of meteorology, the resulting trends in ozone concentrations 
declined over the period examined, supporting the conclusion that the 
improvement in air quality was not due to unusually favorable 
meteorology.

D. Does Indiana have a fully approvable ozone maintenance plan for the 
Cincinnati area?

    As one of the criteria for redesignation to attainment section 
107(d)(3)(E)(iv) of the CAA requires EPA to determine that the area has 
a fully approved maintenance plan pursuant to section 175A of the CAA. 
Section 175A of the CAA sets forth the elements of a maintenance plan 
for areas seeking redesignation from nonattainment to attainment. Under 
section 175A, the maintenance plan must demonstrate continued 
attainment of the NAAQS for at least 10 years after the Administrator

[[Page 95091]]

approves a redsignation to attainment. Eight years after the 
redesignation, the state must submit a revised maintenance plan which 
demonstrates that attainment of the NAAQS will continue for an 
additional 10 years beyond the initial 10-year maintenance period. To 
address the possibility of future NAAQS violations, the maintenance 
plan must contain contingency measures, as EPA deems necessary, to 
assure prompt correction of the future NAAQS violation.
    The Calcagni Memorandum provides further guidance on the content of 
a maintenance plan, explaining that a maintenance plan should address 
five elements: (1) An attainment emission inventory; (2) a maintenance 
demonstration; (3) a commitment for continued air quality monitoring; 
(4) a process for verification of continued attainment; and (5) a 
contingency plan. In conjunction with its request to redesignate the 
Indiana portion of the Cincinnati area to attainment for the 2008 ozone 
standard, IDEM submitted a SIP revision to provide for maintenance of 
the 2008 ozone standard through 2030, more than 10 years after the 
expected effective date of the redesignation to attainment. As is 
discussed more fully below, EPA proposes to find that Indiana's ozone 
maintenance plan includes the necessary components and is proposing to 
approve the maintenance plan as a revision of the Indiana SIP.
1. Attainment Inventory
    EPA is proposing to determine that the Cincinnati area has attained 
the 2008 ozone NAAQS based on monitoring data for the period of 2013-
2015. IDEM selected 2014 as the attainment emissions inventory year to 
establish attainment emission levels for VOC and NOX. The 
attainment emissions inventory identifies the levels of emissions in 
the Cincinnati area that are sufficient to attain the 2008 ozone NAAQS. 
The derivation of the attainment year emissions was discussed above in 
section IV.C.2. of this premble. The attainment level emissions, by 
source category, are summarized in Tables 4 and 5 above.
2. Has the state documented maintenance of the ozone standard in the 
Cincinnati area?
    Indiana has demonstrated maintenance of the 2008 ozone standard 
through 2030 by assuring that current and future emissions of VOC and 
NOX for the Cincinnati area remain at or below attainment 
year emission levels. A maintenance demonstration need not be based on 
modeling. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001), Sierra Club v. 
EPA, 375 F. 3d 537 (7th Cir. 2004). See also 66 FR 53094, 53099-53100 
(October 19, 2001), 68 FR 25413, 25430-25432 (May 12, 2003).
    Indiana is using emissions inventories for the years 2020 and 2030 
to demonstrate maintenance. 2030 is more than 10 years after the 
expected effective date of the redesignation to attainment and 2020 was 
selected to demonstrate that emissions are not expected to spike in the 
interim between the attainment year and the final maintenance year. The 
emissions inventories were developed as described below.
    To develop the 2020 and 2030 inventories, the state collected data 
from the Ozone NAAQS Emissions Modeling platform (2011v6.1) inventories 
for years 2011, 2018 and 2025. 2020 emissions for area, nonroad mobile, 
AIR, and point source sectors were derived by interpolating between 
2018 and 2025. 2030 emissions for area, nonroad mobile, AIR, and point 
source sectors were derived using the TREND function in Excel. If the 
trend function resulted in a negative value the emissions were assumed 
not to change. Summer day inventories were derived for these sectors 
using the methodology described in section IV.C.2. above. Finally, 
onroad mobile source emissions were developed in conjunction with OKI 
using the same methodology described in section IV.C.2. above for the 
2011 inventory. Emissions data are shown in Tables 8 through 13 below.

                                        Table 8--Cincinnati Area NOX Emissions for Interim Maintenance Year 2020
                                                                         [TPSD]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                         County                                Point            AIR           Nonroad          Area           Onroad           Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Indiana:
    Dearborn............................................            2.96            0.00            0.30            0.48            0.74            4.48
Ohio:
    Butler..............................................            9.77            0.02            2.03            4.78            4.74           21.34
    Clermont............................................           31.32            0.00            1.11            1.14            2.91           36.48
    Clinton.............................................            0.00            0.00            0.64            0.52            1.86            3.02
    Hamilton............................................           18.73            0.02            4.06           10.08           13.05           45.94
    Warren..............................................            1.54            0.00            1.50            1.66            3.81            8.51
Kentucky:
    Boone...............................................            7.86            2.29            0.60            0.43            2.41           13.59
    Campbell............................................            0.17            0.00            0.23            0.49            1.50            2.39
    Kenton..............................................            0.01            0.00            0.43            1.02            2.28            3.74
                                                         -----------------------------------------------------------------------------------------------
        Area Totals.....................................           72.36            2.33           10.90           20.60           33.30          139.49
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                        Table 9--Cincinnati Area VOC Emissions for Interim Maintenance Year 2020
                                                                         [TPSD]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                         County                                Point            AIR           Nonroad          Area           Onroad           Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Indiana:
    Dearborn............................................            4.06            0.00            0.29            1.77            0.62            6.74
Ohio:
    Butler..............................................            2.98            0.03            2.23            9.38            4.79           19.41
    Clermont............................................            0.51            0.01            1.43            5.28            2.94           10.17
    Clinton.............................................            0.00            0.01            0.51            2.54            0.93            3.99
    Hamilton............................................            2.54            0.04            5.42           21.30           13.18           42.48

[[Page 95092]]

 
    Warren..............................................            0.60            0.01            1.54            5.59            3.85           11.59
Kentucky:
    Boone...............................................            1.73            0.45            1.03            2.41            1.38            7.00
    Campbell............................................            0.22            0.00            0.25            1.22            0.86            2.55
    Kenton..............................................            0.49            0.00            0.47            2.31            1.30            4.57
                                                         -----------------------------------------------------------------------------------------------
        Area Totals.....................................           13.13            0.55           13.17           51.80           29.85          108.50
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                            Table 10--Cincinnati Area NOX Emissions for Maintenance Year 2030
                                                                         [TPSD]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                         County                                Point            AIR           Nonroad          Area           Onroad           Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Indiana:
    Dearborn............................................            2.96            0.00            0.18            0.48            0.39            4.01
Ohio:
    Butler..............................................            9.83            0.00            1.16            4.79            2.44           18.22
    Clermont............................................           31.32            0.00            0.63            1.15            1.50           34.60
    Clinton.............................................            0.00            0.00            0.29            0.53            1.28            2.10
    Hamilton............................................           18.75            0.00            2.59           10.10            6.71           38.15
    Warren..............................................            1.54            0.00            0.78            1.67            1.96            5.95
Kentucky:
    Boone...............................................            8.51            0.29            0.38            0.44            1.05           10.67
    Campbell............................................            0.17            0.00            0.15            0.49            0.65            1.46
    Kenton..............................................            0.01            0.00            0.27            1.02            0.99            2.29
                                                         -----------------------------------------------------------------------------------------------
        Area Totals.....................................           73.09            0.29            6.43           20.67           16.97          117.45
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                            Table 11--Cincinnati Area VOC Emissions for Maintenance Year 2030
                                                                         [TPSD]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                         County                                Point            AIR           Nonroad          Area           Onroad           Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Indiana:
    Dearborn............................................            4.06            0.00            0.27            1.85            0.38            6.56
Ohio:
    Butler..............................................            3.00            0.01            2.43            9.31            2.88           17.63
    Clermont............................................            0.64            0.00            1.46            5.20            1.77            9.07
    Clinton.............................................            0.01            0.00            0.42            2.61            0.71            3.75
    Hamilton............................................            2.62            0.00            5.87           21.01            7.92           37.42
    Warren..............................................            0.58            0.00            1.51            5.52            2.32            9.93
Kentucky:
    Boone...............................................            1.73            0.06            0.92            2.36            0.77            5.84
    Campbell............................................            0.21            0.00            0.22            1.19            0.48            2.10
    Kenton..............................................            0.47            0.00            0.50            2.25            0.73            3.95
                                                         -----------------------------------------------------------------------------------------------
        Area Totals.....................................           13.32            0.07           13.60           51.30           17.96           96.25
--------------------------------------------------------------------------------------------------------------------------------------------------------


                     Table 12--Change in NOX and VOC Emissions Between 2014 and 2030 for the Indiana Portion of the Cincinnati Area
                                                                         [TPSD]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          NOX                                                 VOC
                                                 -------------------------------------------------------------------------------------------------------
                                                                                          Net change                                          Net change
                                                      2014         2020         2030     (2014-2030)      2014         2020         2030     (2014-2030)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...........................................        11.74         2.96         2.96        -8.78         5.54         4.06         4.06        -1.48
AIR.............................................         0.00         0.00         0.00         0.00         0.00         0.00         0.00         0.00
Nonroad.........................................         0.44         0.30         0.18        -0.26         0.36         0.29         0.27        -0.09
Area............................................         0.47         0.48         0.48         0.01         1.75         1.77         1.85         0.10
Onroad..........................................         1.37         0.74         0.39        -0.98         0.99         0.62         0.38        -0.61
                                                 -------------------------------------------------------------------------------------------------------
    Total.......................................        14.02         4.48         4.01       -10.01         8.64         6.74         6.56        -2.08
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 95093]]


                             Table 13--Change in NOX and VOC Emissions Between 2014 and 2030 for the Entire Cincinnati Area
                                                                         [TPSD]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          NOX                                                 VOC
                                                 -------------------------------------------------------------------------------------------------------
                                                                                          Net change                                          Net change
                                                      2014         2020         2030     (2014-2030)      2014         2020         2030     (2014-2030)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...........................................        95.80        72.36        73.09       -22.71        14.84        13.13        13.32        -1.52
AIR.............................................         2.11         2.33         0.29        -1.82         0.52         0.55         0.07        -0.45
Nonroad.........................................        17.75        10.90         6.43       -11.32        16.07        13.17        13.60        -2.47
Area............................................        20.59        20.60        20.67         0.08        52.70        51.80        51.30        -1.40
Onroad..........................................        64.70        33.30        16.97       -47.73        48.25        29.85        17.96       -30.29
                                                 -------------------------------------------------------------------------------------------------------
    Total.......................................       200.95       139.49       117.45       -83.50       132.38       108.50        96.25       -36.13
--------------------------------------------------------------------------------------------------------------------------------------------------------

    In summary, the maintenance demonstration for the Cincinnati area 
shows maintenance of the 2008 ozone standard by providing emissions 
information to support the demonstration that future emissions of 
NOX and VOC will remain at or below 2014 emission levels 
when taking into account both future source growth and implementation 
of future controls. Table 13 shows NOX and VOC emissions in 
the Cincinnati area are projected to decrease by 83.50 TPSD and 36.13 
TPSD, respectively, between 2014 and 2030. As shown in Table 12, 
NOX and VOC emissions in the Indiana portion of the 
Cincinnati area alone are projected to decrease by 10.01 TPSD and 2.08 
TPSD, respectively, between 2014 and 2030.
3. Continued Air Quality Monitoring
    IDEM has committed to continue to operate the ozone monitors listed 
in Table 1 above. IDEM has committed to consult with EPA prior to 
making changes to the existing monitoring network should changes become 
necessary in the future. Indiana remains obligated to meet monitoring 
requirements and continue to quality assure monitoring data in 
accordance with 40 CFR part 58, and to enter all data into the Air 
Quality System (AQS) in accordance with Federal guidelines.
4. Verification of Continued Attainment
    The State of Indiana has the legal authority to enforce and 
implement the requirements of the maintenance plan for the Indiana 
portion of the Cincinnati area. This includes the authority to adopt, 
implement, and enforce any subsequent emission control measures 
determined to be necessary to correct future ozone attainment problems.
    Verification of continued attainment is accomplished through 
operation of the ambient ozone monitoring network and the periodic 
update of the area's emissions inventory. IDEM will continue to operate 
the current ozone monitors located in the Indiana portion of the 
Cincinnati area. There are no plans to discontinue operation, relocate, 
or otherwise change the existing ozone monitoring network other than 
through revisions in the network approved by the EPA.
    In addition, to track future levels of emissions, IDEM will 
continue to develop and submit to EPA updated emission inventories for 
all source categories at least once every three years, consistent with 
the requirements of 40 CFR part 51, subpart A, and in 40 CFR 51.122. 
The Consolidated Emissions Reporting Rule (CERR) was promulgated by EPA 
on June 10, 2002 (67 FR 39602). The CERR was replaced by the Annual 
Emissions Reporting Requirements (AERR) on December 17, 2008 (73 FR 
76539). The most recent triennial inventory for Indiana was compiled 
for 2014. Point source facilities covered by Indiana's emissions 
statements rule, which was submitted separately by IDEM for inclusion 
in Indiana's SIP and is being considered by EPA in a separate rule, 
will submit VOC and NOX emissions on an annual basis.
5. What is the contingency plan for the Cincinnati area?
    Section 175A of the CAA requires that the state must adopt a 
maintenance plan, as a SIP revision, that includes such contingency 
measures as EPA deems necessary to assure that the state will promptly 
correct a violation of the NAAQS that occurs after redesignation of the 
area to attainment of the NAAQS. The maintenance plan must identify: 
The contingency measures to be considered and, if needed for 
maintenance, adopted and implemented; a schedule and procedure for 
adoption and implementation; and, a time limit for action by the state. 
The state should also identify specific indicators to be used to 
determine when the contingency measures need to be considered, adopted, 
and implemented. The maintenance plan must include a commitment that 
the state will implement all measures with respect to the control of 
the relevant pollutants that were in the SIP before redesignation of 
the area to attainment in accordance with section 175A(d) of the CAA.
    As required by section 175A of the CAA, Indiana has adopted a 
contingency plan for the Cincinnati area to address possible future 
ozone air quality problems. The contingency plan adopted by Indiana has 
two levels of response, a warning level response and an action level 
response.
    In Indiana's plan, a warning level response will be triggered when 
an annual fourth high monitored value of 0.079 ppm or higher is 
monitored within the maintenance area. A warning level response will 
consist of IDEM conducting a study to determine whether the ozone value 
indicates a trend toward higher ozone values and/or whether emissions 
appear to be increasing. The studies will evaluate whether the trend, 
if any, is likely to continue and, if so, the control measures 
necessary to reverse the trend. The studies will consider ease and 
timing of implementation as well as economic and social impacts. 
Implementation of necessary controls in response to a warning level 
response trigger will take place within 12 months from the conclusion 
of the most recent ozone season.
    In Indiana's plan, an action level response is triggered when a 
two-year average fourth high value of 0.076 ppm or greater is monitored 
within the maintenance area. A violation of the standard within the 
maintenance area also triggers an action level response. When an action 
level response is triggered, IDEM will determine what additional 
control measures are needed to assure future attainment of the ozone 
standard, and will adopt these measures through the necessary 
administrative and legal process, including the opportunity for a 
public hearing. Control measures selected will be

[[Page 95094]]

adopted and implemented within 18 months from the close of the ozone 
season that prompted the action level. IDEM may also consider if a new 
measure or control is already promulgated and scheduled to be 
implemented at the federal or state level and would thus constitute an 
adequate contingency measure response.
    IDEM included the following list of potential contingency measures 
in its maintenance plan:

1. Installation of a vehicle emissions testing program
2. Asphalt paving (lower VOC formulation)
3. Diesel exhaust retrofits
4. Traffic flow improvements
5. Idle reduction programs
6. Portable fuel container regulation (statewide)
7. Park and ride facilities
8. Rideshare/carpool program
9. VOC cap/trade program for major stationary sources
10. NOX Reasonably Available Control Technology

    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. In addition, as required 
by section 175A(b) of the CAA, IDEM has committed to submit to EPA an 
updated ozone maintenance plan eight years after redesignation of the 
Indiana portion of the Cincinnati area to cover an additional ten years 
beyond the initial 10-year maintenance period. Thus, EPA proposes to 
find that the maintenance plan SIP revision submitted by IDEM for the 
Indiana portion of the Cincinnati area meets the requirements of 
section 175A of the CAA.

V. Has the state adopted approvable motor vehicle emission budgets?

A. Motor Vehicle Emission Budgets

    Under section 176(c) of the CAA, new transportation plans, 
programs, or projects that receive Federal funding or support, such as 
the construction of new highways, must ``conform'' to (i.e., be 
consistent with) the SIP. Conformity to the SIP means that 
transportation activities will not cause new air quality violations, 
worsen existing air quality problems, or delay timely attainment of the 
NAAQS or interim air quality milestones. Regulations at 40 CFR part 93 
set forth EPA policy, criteria, and procedures for demonstrating and 
assuring conformity of transportation activities to a SIP. 
Transportation conformity is a requirement for nonattainment and 
maintenance areas. Maintenance areas are areas that were previously 
nonattainment for a particular NAAQS, but that have been redesignated 
to attainment with an approved maintenance plan for the NAAQS.
    Under the CAA, states are required to submit, at various times, 
control strategy SIPs for nonattainment areas and maintenance plans for 
areas seeking redesignations to attainment of the ozone standard and 
maintenance areas. See the SIP requirements for the 2008 ozone standard 
in EPA's March 6, 2015 implementation rule (80 FR 12264). These control 
strategy SIPs (including reasonable further progress plans and 
attainment plans) and maintenance plans must include MVEBs for criteria 
pollutants, including ozone, and their precursor pollutants (VOC and 
NOX for ozone) to address pollution from onroad 
transportation sources. The MVEBs are the portion of the total 
allowable emissions that are allocated to highway and transit vehicle 
use that, together with emissions from other sources in the area, will 
provide for attainment or maintenance. See 40 CFR 93.101.
    Under 40 CFR part 93, a MVEB for an area seeking a redesignation to 
attainment must be established, at minimum, for the last year of the 
maintenance plan. A state may adopt MVEBs for other years as well. 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). The preamble also describes how to establish the MVEB in the 
SIP and how to revise the MVEB, if needed, subsequent to initially 
establishing a MVEB in the SIP.

B. What is the status of EPA's adequacy determination for the proposed 
VOC and NOX MVEBs for the Cincinnati area?

    When reviewing submitted control strategy SIPs or maintenance plans 
containing MVEBs, EPA must affirmatively find that the MVEBs contained 
therein are adequate for use in determining transportation conformity. 
Once EPA affirmatively finds that the submitted MVEBs are adequate for 
transportation purposes, the MVEBs must be used by state and Federal 
agencies in determining whether proposed transportation projects 
conform to the SIP as required by section 176(c) of the CAA.
    EPA's substantive criteria for determining adequacy of a MVEB are 
set out in 40 CFR 93.118(e)(4). The process for determining adequacy 
consists of three basic steps: Public notification of a SIP submission; 
provision for a public comment period; and EPA's adequacy 
determination. This process for determining the adequacy of submitted 
MVEBs for transportation conformity purposes was initially outlined in 
EPA's May 14, 1999 guidance, ``Conformity Guidance on Implementation of 
March 2, 1999, Conformity Court Decision.'' EPA adopted regulations to 
codify the adequacy process in the Transportation Conformity Rule 
Amendments for the ``New 8-Hour Ozone and PM2.5 National 
Ambient Air Quality Standards and Miscellaneous Revisions for Existing 
Areas; Transportation Conformity Rule Amendments--Response to Court 
Decision and Additional Rule Change,'' on July 1, 2004 (69 FR 40004). 
Additional information on the adequacy process for transportation 
conformity purposes is available in the proposed rule titled, 
``Transportation Conformity Rule Amendments: Response to Court Decision 
and Additional Rule Changes,'' 68 FR 38974, 38984 (June 30, 2003).
    As discussed earlier, Indiana's maintenance plan includes 
NOX and VOC MVEBs for the Cincinnati area for 2030 and 2020, 
the last year of the maintenance period and an interim year. EPA 
reviewed the VOC and NOX MVEBs through the adequacy process. 
Indiana's February 23, 2016, maintenance plan SIP submission, including 
the VOC and NOX MVEBs for the Indiana and Ohio portion of 
the Cincinnati area, was open for public comment on EPA's adequacy Web 
site on July 22, 2016, found at: http://www.epa.gov/otaq/stateresources/transconf/currsips.htm. The EPA public comment period on 
adequacy of the 2020 and 2030 MVEBs for the Indiana and Ohio portion of 
the Cincinnati area closed on August 22, 2016. No comments on the 
submittal were received during the adequacy comment period. The 
submitted maintenance plan, which included the MVEBs, was endorsed by 
the Governor (or his or her designee) and was subject to a state public 
hearing. The MVEBs were developed as part of an interagency 
consultation process which includes Federal, state, and local agencies. 
The MVEBs were clearly identified and precisely quantified. These 
MVEBs, when considered together with all other emissions sources, are 
consistent with maintenance of the 2008 ozone standard.

[[Page 95095]]



                                      Table 14--MVEBs for the Indiana and Ohio Portion of the Cincinnati Area, TPSD
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                            Attainment
                                             year 2014    2020 Estimated    2020 Mobile                   2030 Estimated    2030 Mobile
                                              onroad          onroad       safety margin    2020 MVEBs        onroad       safety margin    2030 MVEBs
                                             emissions       emissions      allocation                       emissions      allocation
--------------------------------------------------------------------------------------------------------------------------------------------------------
VOC.....................................           41.75           26.31            3.71           30.02           15.98            2.24           18.22
NOX.....................................           50.66           27.11            3.68           30.79           14.28            1.94           16.22
--------------------------------------------------------------------------------------------------------------------------------------------------------

    As shown in Table 14, the 2020 and 2030 MVEBs are greater than the 
estimated 2020 and 2030 onroad sector emissions. In an effort to 
accommodate future variations in travel demand models and vehicle miles 
traveled forecast, IDEM allocated a portion of the safety margin 
(described further below) to the mobile sector. Indiana has 
demonstrated that the Cincinnati area can maintain the 2008 ozone NAAQS 
with mobile source emissions in the Indiana and Ohio portion of the 
area of 30.02 TPSD and 18.22 TPSD of VOC in 2020 and 2030, 
respectively, and 30.79 TPSD and 16.22 TPSD of NOX in 2020 
and 2030, respectively, since despite partial allocation of the safety 
margin, emissions will remain under attainment year emission levels. 
EPA has found adequate and is proposing to approve the MVEBs for use to 
determine transportation conformity in the Indiana and Ohio portion of 
the Cincinnati area, because EPA has determined that the area can 
maintain attainment of the 2008 ozone NAAQS for the relevant 
maintenance period with mobile source emissions at the levels of the 
MVEBs.

C. 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 15 below, 
the emissions in the Indiana and Ohio portion of the Cincinnati area, 
excluding the Kentucky portion of the area, are projected to have 
safety margins of 70.48 TPSD for NOX and 30.20 TPSD for VOC 
in 2030 (the difference between the attainment year, 2014, emissions 
and the projected 2030 emissions for all sources in just the Indiana 
and Ohio portion of the Cincinnati area). Similarly, there is a safety 
margin of 53.74 TPSD for NOX and 20.18 TPSD for VOC in 2020.

              Table 15--Safety Margin for the Indiana and Ohio Portion of the Cincinnati Area, TPSD
----------------------------------------------------------------------------------------------------------------
                                    Attainment
                                     year 2014    2020 Estimated    2020 Safety   2030 Estimated    2030 Safety
                                  emissions from  emissions from      margin      emissions from      margin
                                    all sources     all sources     allocation      all sources     allocation
----------------------------------------------------------------------------------------------------------------
VOC.............................          114.56           94.38           20.18           84.36           30.20
NOX.............................          173.51          119.77           53.74          103.03           70.48
----------------------------------------------------------------------------------------------------------------

    Even if emissions reached the full level of the safety margin, the 
counties would still demonstrate maintenance since emission levels 
would equal those in the attainment year.
    As shown in Table 14 above, a portion of the safety margin for the 
Indiana and Ohio portion of the Cincinnati area is allocated to the 
mobile source sector. Specifically, in 2020, 3.71 TPSD and 3.68 TPSD of 
the VOC and NOX safety margins, respectively, are allocated 
to the mobile source sector. In 2030, 2.24 TPSD and 1.94 TPSD of the 
VOC and NOX safety margins, respectively, are allocated to 
the mobile source sector. The requested amount allocated to the MVEBs 
represents only a small portion of the 2020 and 2030 safety margins. 
Therefore, even though the requested MVEBs are greater than the 
projected onroad mobile source emissions for 2020 and 2030 contained in 
the demonstration of maintenance, the increase in onroad mobile source 
emissions that can be considered for transportation conformity purposes 
is well within the safety margins of the ozone maintenance 
demonstration. Further, once allocated to mobile sources, these safety 
margins will not be available for use by other sources.

VI. Has the state submitted approvable emission inventories?

A. The 2008 Ozone NAAQS and Emission Inventory Requirements

    CAA sections 172(c)(3) and 182(a)(1), 42 U.S.C. 7502(c)(3) and 
7511a(a)(1), require states to develop and submit, as SIP revisions, 
emission inventories for all areas designated as nonattainment for any 
NAAQS, including the 2008 ozone NAAQS. An emission inventory for ozone 
is an estimation of actual emissions of air pollutants that contribute 
to the formation of ozone in an area. Therefore, an emission inventory 
for ozone focuses on the emissions of VOC and NOX. VOC is 
emitted by many types of pollution sources, including power plants, 
industrial sources, onroad and nonroad mobile sources, smaller 
stationary sources, collectively referred to as area sources, and 
biogenic sources.\7\ NOX is primarily emitted by combustion 
sources, both stationary and mobile.
---------------------------------------------------------------------------

    \7\ Biogenic emissions are produced by living organisms and are 
typically not included in the base year emission inventories, but 
are considered in ozone modeling analyses, which must consider all 
emissions in a modeled area.
---------------------------------------------------------------------------

    Emission inventories provide emissions data for a variety of air 
quality planning tasks, including establishing baseline emission levels 
(anthropogenic [manmade] emissions associated with ozone standard 
violations), calculating emission reduction targets needed to attain 
the NAAQS and to achieve reasonable further progress toward attainment 
of the ozone standard (not required in the area considered here), 
determining emission inputs for ozone air quality modeling analyses, 
and tracking emissions over time to determine progress toward achieving 
air quality and emission reduction goals. As stated above, the CAA 
requires the states to submit emission inventories for areas designated 
as nonattainment for ozone.

[[Page 95096]]

For the 2008 ozone NAAQS, EPA has recommended that states submit 
typical summer day emission estimates for 2011 (78 FR 34178, 34190, 
June 6, 2013). States are required to submit estimates of VOC and 
NOX emissions for four general classes of anthropogenic 
sources: Stationary point sources; area sources; onroad mobile sources; 
and nonroad mobile sources.

B. Indiana's Emission Inventories

    Indiana's February 23, 2016 submission includes a SIP revision 
addressing the VOC and NOX emission inventory requirement 
for the Indiana portion of the Cincinnati area. Table 16 summarizes the 
2011 VOC and NOX emissions for the Indiana portion of the 
Cincinnati area for a typical summer day (reflective of the summer 
period, when the highest ozone concentrations are expected in the 
nonattainment area).

  Table 16--Indiana Portion of Cincinnati Area 2011 Emission Inventory
                             [tons per day]
------------------------------------------------------------------------
                  Source type                       VOC          NOX
------------------------------------------------------------------------
Non-EGU Point.................................         4.01         2.71
EGU Point.....................................         0.27        15.08
Area..........................................         1.75         0.47
Onroad Mobile.................................         1.33         1.89
Nonroad Mobile................................         0.42         0.53
                                               -------------------------
    Totals....................................         7.78        20.68
------------------------------------------------------------------------

    IDEM estimated VOC and NOX emissions for the Indiana 
portion of the Cincinnati area by totaling emissions within each source 
category. To develop the VOC and NOX emission inventories, 
IDEM used the procedures summarized below.
    The primary source of emissions data for non-EGU point sources was 
source-reported 2011 Emission Inventory System (EIS) data. IDEM 
requires certain regulated stationary sources in the ozone 
nonattainment areas to submit EISs annually. An EIS contains detailed 
source type-specific or source unit-specific annual and seasonal actual 
emissions for all source units in a facility. The EIS data for all 
applicable facilities were used to calculate annual and summer day 
county-specific point source emissions. Because they are determinative, 
only the summer day emissions are summarized here.
    EGU point source emissions data were obtained from EPA's Clean Air 
Markets Division (CAMD). CAMD collects and processes EGU emissions 
nationally.
    For all point sources, IDEM has provided a detailed list of major 
point source facilities and their associated summer day VOC and 
NOX emissions within appendix H of its February 23, 2016, 
submittal.
    Nonroad mobile source emissions were estimated using EPA's National 
Mobile Inventory Model (NMIM). The emission estimates were processed 
through the Consolidated Community Emissions Processing Tool (CONCEPT) 
to spatially allocate the emissions to the county levels.
    As described earlier, area, nonroad mobile, and point source 
emissions (EGUs and non-EGUs) were collected from the Ozone NAAQS 
Implementation Modeling platform (2011v6.1). For 2011, this represents 
actual data reported to EPA by the states for the 2011 NEI. Because 
emissions data from state inventory databases, the NEI, and the Ozone 
NAAQS Emissions Modeling platform are annual totals, tons per summer 
day were derived according to EPA's guidance document ``Temporal 
Allocation of Annual Emissions Using EMCH Temporal Profiles'' dated 
April 29 2002, using the temporal allocation references accompanying 
the 2011v6.1 modeling inventory files.
    Onroad mobile source emissions were developed in conjunction with 
the Ohio-Kentucky-Indiana Regional Council of Governments (OKI) and 
were calculated from emission factors produced by EPA's 2014 Motor 
Vehicle Emission Simulator (MOVES) model and data extracted from the 
region's travel-demand model.
    IDEM applied standardized, EPA-recommended procedures and data 
completeness checks to quality assure (QA) (to assure data accuracy) 
and quality check (QC) (to assure data completeness) the emission 
calculations.

C. EPA's Evaluation

    EPA has reviewed Indiana's February 23, 2016, submittal for 
consistency with CAA and EPA emission inventory requirements. In 
particular, EPA has reviewed the techniques used by IDEM to derive and 
quality assure the emission estimates. EPA has also determined that 
Indiana has provided the public with the opportunity to review and 
comment on the development of the emission estimates and that the state 
has addressed all public comments.
1. Did the state adequately document the derivation of the emission 
estimates?
    IDEM documented the procedures used to estimate the emissions for 
each of the major source types. The documentation of the emission 
estimation procedures is thorough and is adequate for us to determine 
that IDEM followed acceptable procedures to estimate the emissions.
2. Did the state quality assure the emission estimates?
    IDEM developed a quality assurance plan and followed this plan 
during the various phases of the emissions estimation and documentation 
process to QA and QC the emissions for completeness and accuracy. These 
quality assurance procedures were summarized in the documentation 
describing how the emissions totals were developed. EPA has determined 
that the quality assurance procedures are adequate and acceptable. We 
conclude that Indiana has developed inventories of VOC and 
NOX emissions that are comprehensive and complete.
3. Did the state provide for public review of the requested SIP 
revision?
    IDEM notified the public of the opportunity for comment, and opened 
a comment period to solicit comments relevant to the emission inventory 
and the entire submittal. IDEM has reported that no comments were 
received.

VII. Proposed Actions

    EPA is proposing to determine that the Cincinnati nonattainment 
area is attaining the 2008 ozone standard, based on quality-assured and 
certified monitoring data for 2013-2015 and that the Indiana portion of 
this area has met the requirements for redesignation under section 
107(d)(3)(E) of the CAA. EPA is thus proposing to approve IDEM's 
request to change the legal designation of the Indiana portion of the 
Cincinnati area from nonattainment to attainment for the 2008 ozone 
standard. EPA is also proposing to approve, as a revision to the 
Indiana SIP, the state's maintenance plan for the area. The maintenance 
plan is designed to keep the Cincinnati area in attainment of the 2008 
ozone NAAQS through 2030. Additionally, EPA finds adequate and is 
proposing to approve the newly-established 2020 and 2030 MVEBs for the 
Indiana and Ohio portion of the Cincinnati area. Finally, EPA is 
proposing to approve the 2011 base year emissions inventory submitted 
by IDEM as meeting the base year emissions inventory requirement of the 
CAA for the Indiana portion of the Cincinnati area.

VIII. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of a

[[Page 95097]]

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, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, this rule does not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), because 
redesignation is an action that affects the status of a geographical 
area and does not impose any new regulatory requirements on tribes, 
impact any existing sources of air pollution on tribal lands, nor 
impair the maintenance of ozone national ambient air quality standards 
in tribal lands.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Oxides of nitrogen, Ozone, 
Volatile organic compounds.

    Dated: December 12, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
[FR Doc. 2016-31044 Filed 12-23-16; 8:45 am]
BILLING CODE 6560-50-P