Air Plan Approval; Indiana; Lake and Porter 2008 Ozone NAAQS Maintenance Plan Revision, 3571-3574 [2024-00790]
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Colleen Hibbert-Kapler,
Attorney, Ethics and Legal Compliance.
[FR Doc. 2024–00945 Filed 1–18–24; 8:45 am]
BILLING CODE P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2023–0482; FRL–11618–
02–R5]
Air Plan Approval; Indiana; Lake and
Porter 2008 Ozone NAAQS
Maintenance Plan Revision
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving Indiana’s
September 21, 2023, state
implementation plan (SIP) submission
which revises the 2008 ozone
maintenance plan for the Indiana
portion (Lake and Porter Counties) of
the Chicago Naperville, IL-IN-WI area
(Chicago Naperville area). This SIP
submission updates onroad vehicle
emissions inventories for oxides of
nitrogen (NOX) and volatile organic
compounds (VOC) for the years 2019,
2030 and 2035. In addition to updated
emissions inventories, this SIP
submission updates the Motor Vehicle
Emissions Budgets (budgets) for NOX
and VOC for the years 2030 and 2035.
EPA is approving the allocation of a
portion of the safety margins for VOC
and NOX in the ozone maintenance plan
to the 2030 and 2035 budgets. Total year
2030 and 2035 emissions of NOX and
VOC for the area will remain below the
attainment level required by the
transportation conformity regulations.
DATES: This direct final rule will be
effective March 19, 2024, unless EPA
receives adverse comments by February
20, 2024. If adverse comments are
received, EPA will publish a timely
withdrawal of the direct final rule in the
Federal Register informing the public
that the rule will not take effect.
SUMMARY:
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Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2023–0482 at https://
www.regulations.gov or via email to
leslie.michael@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.,
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Emily Crispell, Control Strategies
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–8512,
crispell.emily@epa.gov. The EPA Region
5 office is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
Federal holidays and facility closures
due to COVID–19.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. Background
On May 20, 2022 (87 FR 30821), EPA
determined that the Chicago Naperville
area was attaining the 2008 ozone
National Ambient Air Quality Standard
(NAAQS), based on quality-assured and
certified monitoring data for 2019–2021,
and changed the legal designation of the
Indiana portion from nonattainment to
attainment for the 2008 ozone NAAQS,
effective May 20, 2022. At that time,
EPA also approved Indiana’s
maintenance plan for the area along
with 2030 and 2035 budgets to keep the
Indiana portion of the Chicago
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Naperville area in attainment of the
2008 ozone NAAQS through 2035.
Budgets are the projected levels of
controlled emissions from the
transportation sector (mobile sources)
that are estimated in the SIP to provide
for maintenance of the ozone standard.
The transportation conformity rule (40
CFR part 93, subpart A) allows the
budgets to be changed as long as the
total level of emissions from all sources
remains below the attainment levels.
On September 21, 2023, the Indiana
Department of Environmental
Management (IDEM) submitted a
request to update the state’s
maintenance plan to include revised
emissions inventories and motor vehicle
emissions budgets that reflect updated
EPA Motor Vehicle Emission Simulator
(MOVES3) modeling and increased
onroad vehicle emission rates.
II. Emissions Inventory
Indiana updated its MOVES3 inputs
for the Indiana portion of the Chicago
Naperville maintenance area for the
2008 ozone NAAQS. This has resulted
in slightly higher emissions rates and
more accurate onroad emissions
estimates for the 2019 attainment level
emissions, 2030 interim year emission
projections, and 2035 maintenance year
emission projections. The revised
onroad emissions inventories for Lake
and Porter counties were calculated
using EPA’s MOVES3 model-produced
emission factors and data extracted from
the area’s travel-demand model. Table 1
shows Indiana’s onroad emissions for
Lake and Porter Counties for the years
2019, 2030, and 2035 which were
approved by EPA on May 20, 2022 (87
FR 30821). Table 2 shows Indiana’s
revised onroad emissions for Lake and
Porter Counties for the years 2019, 2030,
and 2035 based on updated MOVES3
modeling.
TABLE 1—LAKE AND PORTER COUNTIES 2019 ATTAINMENT YEAR, 2030 PROJECTED INTERIM YEAR, AND 2035
PROJECTED MAINTENANCE YEAR ONROAD NOX AND VOC EMISSION INVENTORY
[Tons per summer day]
2019 Attainment
year emissions
(tons/day)
Pollutant
NOX ............................................................................................................................
VOC ...........................................................................................................................
2030 Projected
interim year
emissions
(tons/day)
9.48
3.51
2035 Projected
maintenance
year emissions
(tons/day)
4.55
2.03
4.77
1.82
TABLE 2—REVISED LAKE AND PORTER COUNTIES 2019 ATTAINMENT YEAR, 2030 PROJECTED INTERIM YEAR, AND 2035
PROJECTED MAINTENANCE YEAR ONROAD NOX AND VOC MOVES3 EMISSION INVENTORY
[Tons per summer day]
2019 Attainment
year emissions
(tons/day)
Pollutant
2030 Projected
interim year
emissions
(tons/day)
2035 Projected
maintenance
year emissions
(tons/day)
NOX ............................................................................................................................
VOC ...........................................................................................................................
9.99
3.50
III. Safety Margin
VOC and NOX emissions in the year
2019 (Indiana’s attainment year), to the
projected emissions of VOC and NOX in
the years 2030 and 2035. The difference
between the projected emissions in the
year 2035 and the actual emissions in
the year 2019 is referred to as the
‘‘safety margin’’ or the amount of excess
emission reductions.
A ‘‘safety margin,’’ as defined in the
transportation conformity rule (40 CFR
part 93, subpart A), is the amount by
which the total projected emissions
from all sources of a given pollutant are
less than the total emissions that would
satisfy the applicable requirement for
reasonable further progress, attainment,
or maintenance. The attainment level of
emissions is the level of emissions
during one of the years in which the
area met the NAAQS. Table 3 gives
detailed information on the safety
margin for the Indiana portion of the
Chicago-Naperville, IL-IN-WI area.
Table 3 includes a comparison of the
5.44
2.06
5.08
2.42
TABLE 3—SAFETY MARGIN FOR CHICAGO’S 2008 8-HOUR OZONE MAINTENANCE PLAN
2019 Attainment
year emissions
(tons/day)
Pollutant
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NOX ..............................................................................
VOC .............................................................................
Indiana has requested the allocation
of 1.09 tons/day of the NOX and 0.41
tons/day of VOC from the safety margins
to the 2030 budgets. Additionally,
Indiana has requested the allocation of
1.02 tons/day of the NOX and 0.48 tons/
day of VOC from the safety margins to
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2030 Projected
interim year
emissions
(tons/day)
88.53
37.33
78.80
35.84
the 2035 budgets. The revised
maintenance plan will have a 2030
safety margin of 8.64 tons/day of NOX
and 1.08 tons/day of VOC and a 2035
safety margin of 11.14 tons/day of NOX
and 0.66 tons/day of VOC. The 2030 and
the 2035 projected emissions, even with
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2030 Safety
margin
(tons/day)
Sfmt 4700
9.73
1.49
2035 Projected
maintenance
year emissions
(tons/day)
76.37
36.19
2035 Safety
margin
(tons/day)
12.16
1.14
this allocation, will be below the 2019
attainment year emissions for both VOC
and NOX. For this reason, EPA finds
that the allocation of the safety margins
to the 2030 and 2035 budget for the
Indiana portion of Chicago Naperville,
IL-IN-WI area meets the requirements of
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the transportation conformity
regulations at 40 CFR part 93 and is
approvable.
IV. Motor Vehicle Emission Budgets
Indiana’s maintenance plan includes
NOX and VOC budgets for the Indiana
portion of the Chicago Naperville area
for 2030 and 2035, an interim year and
the last year of the maintenance period,
respectively. The budgets were
developed as part of an interagency
consultation process which includes
Federal, state, and local agencies. The
budgets were clearly identified and
precisely quantified. These budgets,
when considered together with all other
emissions sources, are consistent with
maintenance of the 2008 ozone NAAQS.
This action changes the budgets for
mobile sources. The maintenance plan
is designed to provide for future growth
while still maintaining the ozone
NAAQS. Growth in industries,
population, and traffic is offset by
reductions from cleaner cars and other
emission reduction programs. Through
the maintenance plan, the state and
local agencies can manage and maintain
3573
clean air quality while providing for
growth.
In its submittal, Indiana requested to
allocate a portion of the safely margins
for NOX and VOC to the 2030 and 2035
budgets. Table 4 and 5 detail the
updated budgets for the 2008 ozone
maintenance plan for the Indiana
portion of the Chicago Naperville, IL-INWI area. Table 4 and 5 also show the
revised projected onroad emissions, the
amount of excess emission reductions or
safety margin to be allocated into the
new budgets, and the new budgets for
NOX and VOC.
TABLE 4—REVISED 2030 MOTOR VEHICLE EMISSIONS BUDGETS FOR THE INDIANA PORTION OF THE CHICAGO NAPERVILLE
AREA 2008 OZONE MAINTENANCE PLAN IN TONS PER OZONE SEASON DAY
Revised 2030
onroad emissions
(tons/day)
Pollutant
NOX ............................................................................................................................
VOC ...........................................................................................................................
Safety margin
allocation
(tons/day)
5.44
2.06
1.09
0.41
Revised 2030
MVEB
(tons/day)
6.53
2.47
TABLE 5—REVISED 2035 MOTOR VEHICLE EMISSIONS BUDGETS FOR THE INDIANA PORTION OF THE CHICAGO NAPERVILLE
AREA 2008 OZONE MAINTENANCE PLAN IN TONS PER OZONE SEASON DAY
Revised 2035
onroad emissions
(tons/day)
Pollutant
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NOX ............................................................................................................................
VOC ...........................................................................................................................
V. What action is EPA taking?
EPA is approving revisions to the
2008 ozone maintenance plan for the
Indiana portion of the ChicagoNaperville, IL-IN-WI area. The revisions
will change the onroad emissions
inventory for VOC and NOX for the
years 2019, 2030, and 2035. The
revisions will also change the budgets
that are used for transportation
conformity purposes. The revisions will
keep the total emissions for the area at
or below the attainment level required
by law. This action will allow State or
local agencies to continue to maintain
air quality while providing for
transportation growth.
We are publishing this action without
prior proposal because we view this as
a noncontroversial amendment and
anticipate no adverse comments.
However, in the proposed rules section
of this Federal Register publication, we
are publishing a separate document that
will serve as the proposal to approve the
state plan if relevant adverse written
comments are filed. This rule will be
effective March 19, 2024 without further
notice unless we receive relevant
adverse written comments by February
20, 2024. If we receive such comments,
we will withdraw this action before the
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5.08
2.42
effective date by publishing a
subsequent document that will
withdraw the final action. All public
comments received will then be
addressed in a subsequent final rule
based on the proposed action. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment. If we do not receive any
comments, this action will be effective
March 19, 2024.
VI. Statutory and Executive Order
Reviews
Under the Clean Air Act (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
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Safety margin
allocation
(tons/day)
1.02
0.48
Revised 2035
MVEB
(tons/day)
6.10
2.90
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 14094 (88 FR
21879, April 11, 2023);
• 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 subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a state program;
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• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• 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.
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).
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’ The Indiana Department of
Environmental Management did not
evaluate environmental justice
considerations as part of its SIP
submittal; the CAA and applicable
implementing regulations neither
prohibit nor require such an evaluation.
EPA did not perform an EJ analysis and
did not consider EJ in this action.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving environmental justice for
people of color, low-income
populations, and Indigenous peoples.
This action is subject to the
Congressional Review Act, and EPA will
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. This action
is not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by March 19, 2024. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of this Federal Register, rather than file
an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
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: January 10, 2024.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the
preamble, title 40 CFR part 52 is
amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. In § 52 .770, the table in paragraph
(e) is amended by revising the entry for
‘‘Lake and Porter Counties 2008 8-hour
Ozone Maintenance Plan’’ to read as
follows:
■
§ 52.770
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED INDIANA NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Title
Indiana date
EPA approval
Explanation
Lake and Porter Counties 2008 8-hour
Ozone Maintenance Plan.
9/21/2023
1/19/2024, [INSERT FEDERAL REGISTER CITATION].
Updated Onroad Emissions Inventory
and Motor Vehicle Emissions Budgets.
*
*
*
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*
[FR Doc. 2024–00790 Filed 1–18–24; 8:45 am]
NATIONAL FOUNDATION ON THE
ARTS AND THE HUMANITIES
BILLING CODE 6560–50–P
National Endowment for the Arts
45 CFR Parts 1149 and 1158
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RIN 3135–AA33
Civil Penalties Adjustment for 2024
National Endowment for the
Arts, National Foundation on the Arts
and the Humanities.
ACTION: Final rule.
AGENCY:
The National Endowment for
the Arts (NEA) is adjusting the
SUMMARY:
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maximum civil monetary penalties
(CMPs) that may be imposed for
violations of the Program Fraud Civil
Remedies Act (PFCRA) and the NEA’s
Restrictions on Lobbying to reflect the
requirements of the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 (the 2015
Act). The 2015 Act further amended the
Federal Civil Penalties Inflation
Adjustment Act of 1990 (the Inflation
Adjustment Act) to improve the
effectiveness of civil monetary penalties
and to maintain their deterrent effect.
This final rule provides the 2024 annual
inflation adjustments to the initial
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]]>Agencies
[Federal Register Volume 89, Number 13 (Friday, January 19, 2024)]
[Rules and Regulations]
[Pages 3571-3574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00790]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2023-0482; FRL-11618-02-R5]
Air Plan Approval; Indiana; Lake and Porter 2008 Ozone NAAQS
Maintenance Plan Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
Indiana's September 21, 2023, state implementation plan (SIP)
submission which revises the 2008 ozone maintenance plan for the
Indiana portion (Lake and Porter Counties) of the Chicago Naperville,
IL-IN-WI area (Chicago Naperville area). This SIP submission updates
onroad vehicle emissions inventories for oxides of nitrogen
(NOX) and volatile organic compounds (VOC) for the years
2019, 2030 and 2035. In addition to updated emissions inventories, this
SIP submission updates the Motor Vehicle Emissions Budgets (budgets)
for NOX and VOC for the years 2030 and 2035. EPA is
approving the allocation of a portion of the safety margins for VOC and
NOX in the ozone maintenance plan to the 2030 and 2035
budgets. Total year 2030 and 2035 emissions of NOX and VOC
for the area will remain below the attainment level required by the
transportation conformity regulations.
DATES: This direct final rule will be effective March 19, 2024, unless
EPA receives adverse comments by February 20, 2024. If adverse comments
are received, EPA will publish a timely withdrawal of the direct final
rule in the Federal Register informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2023-0482 at https://www.regulations.gov or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Emily Crispell, Control Strategies
Section, Air Programs Branch (AR-18J), Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312)
353-8512, [email protected]. The EPA Region 5 office is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal
holidays and facility closures due to COVID-19.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background
On May 20, 2022 (87 FR 30821), EPA determined that the Chicago
Naperville area was attaining the 2008 ozone National Ambient Air
Quality Standard (NAAQS), based on quality-assured and certified
monitoring data for 2019-2021, and changed the legal designation of the
Indiana portion from nonattainment to attainment for the 2008 ozone
NAAQS, effective May 20, 2022. At that time, EPA also approved
Indiana's maintenance plan for the area along with 2030 and 2035
budgets to keep the Indiana portion of the Chicago
[[Page 3572]]
Naperville area in attainment of the 2008 ozone NAAQS through 2035.
Budgets are the projected levels of controlled emissions from the
transportation sector (mobile sources) that are estimated in the SIP to
provide for maintenance of the ozone standard. The transportation
conformity rule (40 CFR part 93, subpart A) allows the budgets to be
changed as long as the total level of emissions from all sources
remains below the attainment levels.
On September 21, 2023, the Indiana Department of Environmental
Management (IDEM) submitted a request to update the state's maintenance
plan to include revised emissions inventories and motor vehicle
emissions budgets that reflect updated EPA Motor Vehicle Emission
Simulator (MOVES3) modeling and increased onroad vehicle emission
rates.
II. Emissions Inventory
Indiana updated its MOVES3 inputs for the Indiana portion of the
Chicago Naperville maintenance area for the 2008 ozone NAAQS. This has
resulted in slightly higher emissions rates and more accurate onroad
emissions estimates for the 2019 attainment level emissions, 2030
interim year emission projections, and 2035 maintenance year emission
projections. The revised onroad emissions inventories for Lake and
Porter counties were calculated using EPA's MOVES3 model-produced
emission factors and data extracted from the area's travel-demand
model. Table 1 shows Indiana's onroad emissions for Lake and Porter
Counties for the years 2019, 2030, and 2035 which were approved by EPA
on May 20, 2022 (87 FR 30821). Table 2 shows Indiana's revised onroad
emissions for Lake and Porter Counties for the years 2019, 2030, and
2035 based on updated MOVES3 modeling.
Table 1--Lake and Porter Counties 2019 Attainment Year, 2030 Projected Interim Year, and 2035 Projected
Maintenance Year Onroad NOX and VOC Emission Inventory
[Tons per summer day]
----------------------------------------------------------------------------------------------------------------
2030 Projected 2035 Projected
2019 Attainment interim year maintenance year
Pollutant year emissions emissions (tons/ emissions (tons/
(tons/day) day) day)
----------------------------------------------------------------------------------------------------------------
NOX.................................................... 9.48 4.55 4.77
VOC.................................................... 3.51 2.03 1.82
----------------------------------------------------------------------------------------------------------------
Table 2--Revised Lake and Porter Counties 2019 Attainment Year, 2030 Projected Interim Year, and 2035 Projected
Maintenance Year Onroad NOX and VOC MOVES3 Emission Inventory
[Tons per summer day]
----------------------------------------------------------------------------------------------------------------
2030 Projected 2035 Projected
2019 Attainment interim year maintenance year
Pollutant year emissions emissions (tons/ emissions (tons/
(tons/day) day) day)
----------------------------------------------------------------------------------------------------------------
NOX.................................................... 9.99 5.44 5.08
VOC.................................................... 3.50 2.06 2.42
----------------------------------------------------------------------------------------------------------------
III. Safety Margin
A ``safety margin,'' as defined in the transportation conformity
rule (40 CFR part 93, subpart A), is the amount by which the total
projected emissions from all sources of a given pollutant are less than
the total emissions that would satisfy the applicable requirement for
reasonable further progress, attainment, or maintenance. The attainment
level of emissions is the level of emissions during one of the years in
which the area met the NAAQS. Table 3 gives detailed information on the
safety margin for the Indiana portion of the Chicago-Naperville, IL-IN-
WI area. Table 3 includes a comparison of the VOC and NOX
emissions in the year 2019 (Indiana's attainment year), to the
projected emissions of VOC and NOX in the years 2030 and
2035. The difference between the projected emissions in the year 2035
and the actual emissions in the year 2019 is referred to as the
``safety margin'' or the amount of excess emission reductions.
Table 3--Safety Margin for Chicago's 2008 8-Hour Ozone Maintenance Plan
----------------------------------------------------------------------------------------------------------------
2030 Projected 2035 Projected
2019 Attainment interim year 2030 Safety maintenance year 2035 Safety
Pollutant year emissions emissions (tons/ margin (tons/ emissions (tons/ margin (tons/
(tons/day) day) day) day) day)
----------------------------------------------------------------------------------------------------------------
NOX........................... 88.53 78.80 9.73 76.37 12.16
VOC........................... 37.33 35.84 1.49 36.19 1.14
----------------------------------------------------------------------------------------------------------------
Indiana has requested the allocation of 1.09 tons/day of the
NOX and 0.41 tons/day of VOC from the safety margins to the
2030 budgets. Additionally, Indiana has requested the allocation of
1.02 tons/day of the NOX and 0.48 tons/day of VOC from the
safety margins to the 2035 budgets. The revised maintenance plan will
have a 2030 safety margin of 8.64 tons/day of NOX and 1.08
tons/day of VOC and a 2035 safety margin of 11.14 tons/day of
NOX and 0.66 tons/day of VOC. The 2030 and the 2035
projected emissions, even with this allocation, will be below the 2019
attainment year emissions for both VOC and NOX. For this
reason, EPA finds that the allocation of the safety margins to the 2030
and 2035 budget for the Indiana portion of Chicago Naperville, IL-IN-WI
area meets the requirements of
[[Page 3573]]
the transportation conformity regulations at 40 CFR part 93 and is
approvable.
IV. Motor Vehicle Emission Budgets
Indiana's maintenance plan includes NOX and VOC budgets
for the Indiana portion of the Chicago Naperville area for 2030 and
2035, an interim year and the last year of the maintenance period,
respectively. The budgets were developed as part of an interagency
consultation process which includes Federal, state, and local agencies.
The budgets were clearly identified and precisely quantified. These
budgets, when considered together with all other emissions sources, are
consistent with maintenance of the 2008 ozone NAAQS.
This action changes the budgets for mobile sources. The maintenance
plan is designed to provide for future growth while still maintaining
the ozone NAAQS. Growth in industries, population, and traffic is
offset by reductions from cleaner cars and other emission reduction
programs. Through the maintenance plan, the state and local agencies
can manage and maintain clean air quality while providing for growth.
In its submittal, Indiana requested to allocate a portion of the
safely margins for NOX and VOC to the 2030 and 2035 budgets.
Table 4 and 5 detail the updated budgets for the 2008 ozone maintenance
plan for the Indiana portion of the Chicago Naperville, IL-IN-WI area.
Table 4 and 5 also show the revised projected onroad emissions, the
amount of excess emission reductions or safety margin to be allocated
into the new budgets, and the new budgets for NOX and VOC.
Table 4--Revised 2030 Motor Vehicle Emissions Budgets for the Indiana Portion of the Chicago Naperville Area
2008 Ozone Maintenance Plan in Tons per Ozone Season Day
----------------------------------------------------------------------------------------------------------------
Revised 2030 Safety margin
Pollutant onroad emissions allocation (tons/ Revised 2030 MVEB
(tons/day) day) (tons/day)
----------------------------------------------------------------------------------------------------------------
NOX.................................................... 5.44 1.09 6.53
VOC.................................................... 2.06 0.41 2.47
----------------------------------------------------------------------------------------------------------------
Table 5--Revised 2035 Motor Vehicle Emissions Budgets for the Indiana Portion of the Chicago Naperville Area
2008 Ozone Maintenance Plan in Tons per Ozone Season Day
----------------------------------------------------------------------------------------------------------------
Revised 2035 Safety margin
Pollutant onroad emissions allocation (tons/ Revised 2035 MVEB
(tons/day) day) (tons/day)
----------------------------------------------------------------------------------------------------------------
NOX.................................................... 5.08 1.02 6.10
VOC.................................................... 2.42 0.48 2.90
----------------------------------------------------------------------------------------------------------------
V. What action is EPA taking?
EPA is approving revisions to the 2008 ozone maintenance plan for
the Indiana portion of the Chicago-Naperville, IL-IN-WI area. The
revisions will change the onroad emissions inventory for VOC and
NOX for the years 2019, 2030, and 2035. The revisions will
also change the budgets that are used for transportation conformity
purposes. The revisions will keep the total emissions for the area at
or below the attainment level required by law. This action will allow
State or local agencies to continue to maintain air quality while
providing for transportation growth.
We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective March 19, 2024
without further notice unless we receive relevant adverse written
comments by February 20, 2024. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
If we do not receive any comments, this action will be effective March
19, 2024.
VI. Statutory and Executive Order Reviews
Under the Clean Air Act (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 14094 (88 FR 21879, April 11, 2023);
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
[[Page 3574]]
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
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.
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).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.'' The Indiana
Department of Environmental Management did not evaluate environmental
justice considerations as part of its SIP submittal; the CAA and
applicable implementing regulations neither prohibit nor require such
an evaluation. EPA did not perform an EJ analysis and did not consider
EJ in this action. Consideration of EJ is not required as part of this
action, and there is no information in the record inconsistent with the
stated goal of E.O. 12898 of achieving environmental justice for people
of color, low-income populations, and Indigenous peoples.
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 19, 2024. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of this Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
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: January 10, 2024.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the preamble, title 40 CFR part 52 is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 52 .770, the table in paragraph (e) is amended by revising
the entry for ``Lake and Porter Counties 2008 8-hour Ozone Maintenance
Plan'' to read as follows:
Sec. 52.770 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Indiana Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Title Indiana date EPA approval Explanation
----------------------------------------------------------------------------------------------------------------
Lake and Porter Counties 2008 8-hour 9/21/2023 1/19/2024, [INSERT FEDERAL Updated Onroad Emissions
Ozone Maintenance Plan. REGISTER CITATION]. Inventory and Motor
Vehicle Emissions
Budgets.
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2024-00790 Filed 1-18-24; 8:45 am]
BILLING CODE 6560-50-P
