[Federal Register Volume 77, Number 66 (Thursday, April 5, 2012)]
[Proposed Rules]
[Pages 20577-20582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8208]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2012-0214; FRL-9655-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Indiana; Central Indiana (Indianapolis) Ozone Maintenance Plan Revision 
to Approved Motor Vehicle Emissions Budgets

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve Indiana's request to revise its 
Central Indiana 1997 8-hour ozone maintenance air quality State 
Implementation Plan (SIP) by replacing the previously approved motor 
vehicle emissions budgets (budgets) with budgets developed using EPA's 
Motor Vehicle Emissions Simulator (MOVES) 2010a emissions model. The 
Central Indiana 1997 8-hour ozone maintenance area consists of Marion, 
Boone, Hendricks, Morgan, Johnson, Shelby, Hancock, Madison, and 
Hamilton Counties in Indiana. Indiana submitted this request to EPA for 
parallel processing on March 2, 2012.

DATES: Comments must be received on or before May 7, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2012-0214, by one of the following methods:

[[Page 20578]]

    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (312) 408-2279.
    4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air 
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Pamela Blakley, Chief, Control Strategies 
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection 
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such 
deliveries are only accepted during the Regional Office normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information. The Regional Office official hours of business are 
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal 
holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2012-0214. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
instructions on submitting comments, go to section I of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Region 5, Air and Radiation Division, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. 
We recommend that you telephone Patricia Morris, Environmental 
Scientist at (312) 353-8656 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Patricia Morris, Environmental 
Scientist, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-8656, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. What should I consider as I prepare my comments for EPA?
II. What action is EPA proposing to take?
III. What is the background for this action?
    a. SIP Budgets and Transportation Conformity
    b. Prior Approval of Budgets
    c. The MOVES Emissions Model and Regional Transportation 
Conformity Grace Period
    d. Submission of New Budgets Based on MOVES2010a
IV. What are the criteria for approval?
V. What is EPA's analysis of the State's submittal?
    a. The Revised Inventories
    b. Approvability of the MOVES2010a-Based Budgets
    c. Applicability of MOBILE6.2-Based Budgets
VI. What action is EPA taking?
VII. Statutory and Executive Order Reviews

I. What should I consider as I prepare my comments for EPA?

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    2. Follow directions--EPA may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information 
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    6. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    8. Make sure to submit your comments by the comment period.

II. What action is EPA proposing to take?

    EPA is proposing to approve new MOVES2010a-based budgets for the 
Central Indiana 1997 ozone maintenance area. The Central Indiana area 
was redesignated to attainment of the 1997 8-hour ozone standard on 
October 19, 2007 (72 FR 59210), and the MOBILE6.2-based budgets were 
approved in that notice. When EPA finalizes this proposed approval, the 
newly submitted MOVES2010a budgets will replace the existing, 
MOBILE6.2-based budgets in the state's 1997 8-hour ozone maintenance 
plan and must then be used in future transportation conformity analyses 
for the area. At that time, the previously approved budgets would no 
longer be applicable for transportation conformity purposes.
    When EPA approves the MOVES2010a-based budgets, the Central Indiana 
1997 8-hour ozone maintenance area must use the MOVES2010a-based 
budgets starting on the effective date of that final approval. See 75 
FR 9411-9414 for background and section III.c below for details.

III. What is the background for this action?

a. SIP Budgets and Transportation Conformity

    Under the Clean Air Act (CAA), states are required to submit, at 
various times, control strategy SIP revisions and maintenance plans for 
nonattainment and maintenance areas for a given National Ambient Air 
Quality Standard (NAAQS). These emission control strategy SIP revisions 
(e.g., reasonable further progress and attainment demonstration SIP 
revisions) and maintenance plans include budgets of on-road mobile 
source emissions for criteria pollutants and/or their precursors to 
address pollution from cars and trucks. SIP budgets are the

[[Page 20579]]

portions of the total allowable emissions that are allocated to on-road 
vehicle use that, together with emissions from other sources in the 
area, will provide for attainment or maintenance. The budget serves as 
a ceiling on emissions from an area's planned transportation system. 
For more information about budgets, see the preamble to the November 
24, 1993, transportation conformity rule (58 FR 62188).
    Under section 176(c) of the CAA, transportation plans, 
Transportation Improvement Programs (TIPs), and transportation projects 
must ``conform'' to (i.e., be consistent with) the SIP before they can 
be adopted or approved. Conformity to the SIP means that transportation 
activities will not cause new air quality violations, worsen existing 
air quality violations, or delay timely attainment of the NAAQS or 
delay an interim milestone. The transportation conformity regulations 
can be found at 40 CFR Part 93.
    Before budgets can be used in conformity determinations, EPA must 
affirmatively find the budgets adequate. However, adequate budgets do 
not supersede approved budgets for the same CAA purpose. If the 
submitted SIP budgets are meant to replace budgets for the same 
purpose, as is the case with Indiana's MOVES2010a 1997 8-hour ozone 
maintenance plan budgets, EPA must approve the budgets, and can affirm 
that they are adequate at the same time. Once EPA approves the 
submitted budgets, they must be used by state and Federal agencies in 
determining whether transportation activities conform to the SIP as 
required by section 176(c) of the CAA. EPA's substantive criteria for 
determining the adequacy of budgets are set out in 40 CFR 93.118(e)(4).

b. Prior Approval of Budgets

    EPA had previously approved budgets for the Central Indiana 8-hour 
ozone maintenance area for volatile organic compounds (VOCs) and 
nitrogen oxides (NOX) for the years 2006 and 2020 on October 
19, 2007 (72 FR 59210). These budgets were based on EPA's MOBILE6.2 
emissions model. The ozone maintenance plan established 2006 budgets 
for the Central Indiana area of 54.32 tons per summer day (tpd) for 
VOCs and 106.19 tpd for NOX and 2020 budgets for the Central 
Indiana Area of 29.52 tpd for VOCs and 35.69 tpd for NOX. 
These budgets demonstrated a reduction in emissions from the monitored 
attainment year and included a margin of safety.

c. The MOVES Emissions Model and Regional Transportation Conformity 
Grace Period

    The MOVES model is EPA's state-of-the-art tool for estimating 
highway emissions. The model is based on analyses of millions of 
emission test results and considerable advances in the agency's 
understanding of vehicle emissions. MOVES incorporates the latest 
emissions data, more sophisticated calculation algorithms, increased 
user flexibility, new software design, and significant new capabilities 
relative to those reflected in MOBILE6.2.
    EPA announced the release of MOVES2010 in March 2010 (75 FR 9411). 
This notice approved the use of MOVES2010 in official SIP submissions 
to EPA and for regional emissions analyses for transportation 
conformity purposes outside of California. In addition, the notice 
started a two-year grace period before MOVES2010 is required to be used 
in new regional emissions analyses for transportation conformity 
determinations outside of California. EPA has since extended that grace 
period until March 2, 2013 (77 FR 11394).
    On September 8, 2010, EPA released MOVES2010a, which included minor 
revisions that enhance model performance and do not significantly 
affect the criteria pollutant emissions results from MOVES2010. 
Therefore, MOVES2010a is not considered a ``new model'' under 40 CFR 
93.111. As a result, the MOVES2010 grace period for regional conformity 
analyses applies to the use of MOVES2010a as well.\1\
---------------------------------------------------------------------------

    \1\ For more information, see 77 FR 11394.
---------------------------------------------------------------------------

    EPA encouraged Metropolitan Planning Organizations (MPOs), 
Departments of Transportation, and state air agencies to examine how 
MOVES would affect future transportation plan and TIP conformity 
determinations so, if necessary, SIPs and budgets could be revised with 
MOVES2010 or transportation plans and TIPs could be revised (as 
appropriate) prior to the end of the regional transportation conformity 
grace period. EPA also encouraged state and local air agencies to 
consider how the release of MOVES would affect analyses supporting SIP 
submissions under development.
    The Indianapolis Metropolitan Planning Organization (IMPO) has used 
MOVES2010a emission rates with the transportation network information 
to estimate emissions in the years of the transportation plan and also 
for the SIP. Indiana is revising the budgets at this time using the 
latest planning assumptions including population and employment 
updates. In addition, newer vehicle registration data has been used to 
update the age distribution of the vehicle fleet. Since MOVES2010 (or a 
minor model revision) will be required for conformity analyses after 
the grace period ends, Indiana finds that updating the budgets with 
MOVES2010a will prepare the IMPO for the transition to using MOVES for 
conformity analyses and determinations. The interagency consultation 
group has had extensive consultation on the requirements and need for 
new budgets.

d. Submission of New Budgets Based on MOVES2010a

    On March 2, 2012, Indiana submitted for parallel processing 
replacement budgets based on MOVES2010a for the Central Indiana area. 
Indiana is currently providing public review and comment at the state 
level. The state public comment period ends on March 30, 2012. EPA is 
proposing to approve the MOVES2010a budgets after completion of the 
public process and formal submittal of the SIP revision request.
    The MOVES2010a budgets are proposed to replace the prior approved 
MOBILE6.2 budgets and are for the same years and pollutants/precursors. 
The new MOVES2010a budgets are for the years 2006 and 2020 for both 
VOCs and NOX. Indiana has also submitted MOVES2010a 
emissions for the attainment year of 2005 as a comparison to the 2006 
and 2020 budget years and for purposes of calculating a safety margin. 
Table 4.1-A in the submittal demonstrates how mobile source emissions 
decline from the attainment year of 2005. In 2005, the total estimated 
NOX emissions from all sources (including mobile, point, 
area and non-road sources) is 329.78 tpd and the total VOC emissions, 
for the 2005 attainment year, from all sources is 207.94 tpd. The 2020 
estimated emissions for total NOX from all sources is 136.59 
tpd and the total VOC emissions from all sources is 163.69 tpd. The 
mobile source emissions, when included with point, area and non-road 
sources continue to demonstrate maintenance of the attainment level of 
emissions in the Central Indiana area.
    No additional control measures were needed to maintain the 1997 
ozone standard emissions in the Central Indiana area. The available 
safety margin for NOX and VOCs was recalculated at the 
bottom of table 4.1-A and an allocation of 10% for NOX and 
12% for VOCs were decided upon during the interagency consultation

[[Page 20580]]

process. The on-road MOVES2010a based budgets are in Table 5.2-A of the 
submittal and are listed as 210.93 tpd for NOX and 64.32 tpd 
for VOCs in the year 2006 and 69.00 tpd for NOX and 25.47 
tpd for VOCs in the year 2020. These budgets will continue to keep 
emissions in the Central Indiana area below the calculated attainment 
year of emissions.

IV. What are the criteria for approval?

    The CAA has always required that revisions to existing SIPs and 
budgets continue to meet applicable requirements (i.e., reasonable 
further progress (RFP), attainment, or maintenance). States that revise 
their existing SIPs to include MOVES budgets must therefore show that 
the SIP continues to meet applicable requirements with the new level of 
motor vehicle emissions contained in the budgets.
    The transportation conformity rule (at 40 CFR 93.118(e)(4)(iv)) 
requires that ``the motor vehicle emissions budget(s), when considered 
together with all other emissions sources, is consistent with 
applicable requirements for reasonable further progress (RFP), 
attainment, or maintenance (whichever is relevant to the given 
implementation plan submission).'' This and the other adequacy criteria 
found at 40 CFR 93.118(e)(4) must be satisfied before EPA can find 
submitted budgets adequate or approve them for conformity purposes.
    In addition, EPA has stated that areas can revise their budgets and 
inventories using MOVES without revising their entire SIP if (1) the 
SIP continues to meet applicable requirements when the previous motor 
vehicle emissions inventories are replaced with MOVES base year and 
milestone, attainment, or maintenance year inventories, and (2) the 
state can document that growth and control strategy assumptions for 
non-motor vehicle sources continue to be valid and any minor updates do 
not change the overall conclusions of the SIP. For example, the first 
criterion could be satisfied by demonstrating that the emissions 
reductions between the baseline/attainment year and maintenance year 
are the same or greater using MOVES than they were previously. The 
Indiana submittal meets this requirement as described below in section 
V.
    For more information, see EPA's latest ``Policy Guidance on the Use 
of MOVES2010 for State Implementation Plan Development, Transportation 
Conformity, and Other Purposes'' available online at: www.epa.gov/otaq/stateresources/transconf/policy.htm#models.

V. What is EPA's analysis of the State's submittal?

a. The Revised Inventories

    The Indiana SIP revision request for Central Indiana 1997 ozone 
maintenance seeks to revise only the on-road mobile source inventories 
and not the non-road inventories, area source inventories or point 
source inventories for the 2006 and 2020 years for which the SIP 
revises the budgets. IDEM has certified that the control strategies 
remain the same as in the original SIP, and that no other control 
strategies are necessary. This is confirmed by the monitoring data for 
Central Indiana, which continues to monitor attainment for the 1997 8-
hour ozone standard. The area is also monitoring attainment for the 
2008 8-hour ozone standard. Thus, the current control strategies are 
continuing to keep the area in attainment of the NAAQS.
    EPA has reviewed the emission estimates for point, area and non-
road sources and concluded that no major changes to the projections 
need to be made. The submittal states that ``growth and control 
strategy assumptions for non-mobile sources (i.e., area, nonroad, and 
point) from the original submittal for the years 2005, 2010, 2015, and 
2020 were developed before the down turn in the economy over the last 
several years. Because of this, the factors included in the original 
submittal may project more growth than actual into the future. As a 
result, the growth and control strategy assumptions for the non-mobile 
sources for the years 2005, 2010, 2015 and 2020 continue to be valid 
and do not affect the overall conclusions of the plan.''
    Indiana confirms that the SIP continues to demonstrate its purpose 
of maintaining the 1997 ozone standard because the emissions are 
continuing to decrease from the attainment year to the final year of 
the maintenance plan. The total emissions in the revised SIP (which 
includes MOVES2010a emissions from mobile sources) are 329.78 tpd for 
NOX and 207.94 tpd for VOCs in the 2005 attainment year. The 
total emissions from all sources in the 2020 year are 136.59 tpd for 
NOX and 163.69 tpd for VOCs. These totals demonstrate that 
emissions in the Central Indiana area are continuing to decline and 
remain below the attainment levels.
    Indiana has submitted MOVES2010a-based budgets for the Central 
Indiana area that are clearly identified in Table 5.2-A of the 
submittal. The budgets for 2006 are 210.93 tpd for NOX and 
64.32 tpd for VOCs. The budgets for 2020 are 69.00 tpd for 
NOX and 25.47 tpd for VOCs.

b. Approvability of the MOVES2010a-Based Budgets

    EPA is proposing to approve the MOVES2010a-based budgets submitted 
by the state for use in determining transportation conformity in the 
Central Indiana 1997 ozone maintenance area. EPA is making this 
proposal based on our evaluation of these budgets using the adequacy 
criteria found in 40 CFR 93.118(e)(4) and our in-depth evaluation of 
the State's submittal and SIP requirements. EPA has determined, based 
on its evaluation, that the area's maintenance plan would continue to 
serve its intended purpose with the submitted MOVES2010a-based budgets 
and that the budgets themselves will meet the adequacy criteria in the 
conformity rule at 40 CFR 93.118(e)(4) after the state public hearing 
is completed and the SIP is formally submitted.
    EPA is parallel processing this SIP revision request which means 
that EPA is proposing approval at the same time that the state is 
completing the public process at the state level. This SIP revision 
request will not be complete and will not meet all the adequacy 
criteria until the state public process is complete and the SIP 
revision is submitted in final with a letter from the Governor or 
Governor's designee. EPA is proposing to approve the SIP revision 
request after completion of the state public process and final 
submittal. If any comments are received, EPA will consider those 
comments received both at the state and Federal level.
    EPA is moving forward with proposing approval with this parallel 
process because transportation projects cannot be amended to the 
Central Indiana Transportation Plan and transportation improvement 
program until this budget replacement is completed. The Central Indiana 
area has three MPOs in the maintenance area (Indianapolis, Anderson and 
a portion of the Columbus, Indiana MPO). These three MPOs are required 
by the conformity rule to conduct conformity determinations together 
because they are all part of the same maintenance area with one set of 
ozone budgets for that area (there are not separate budgets for each 
MPO). The budgets need to be updated, not only to accommodate the use 
of MOVES2010a, but also because of the updated planning assumptions for 
mobile sources.
    The adequacy criteria found in 40 CFR 93.118(e)(4) are as follows:

[[Page 20581]]

     The submitted SIP was endorsed by [the Governor/Gov's 
designee] and was subject to a state public hearing (Sec.  
93.118(e)(4)(i));
     The submitted SIP underwent consultation among Federal, 
state, and local agencies and the state fully documented the submittal 
(Sec.  93.118(e)(4)(ii));
     The budgets are clearly identified and precisely 
quantified (Sec.  93.118(e)(4)(iii));
     The budgets, when considered with other emission sources, 
are consistent with applicable requirements for [reasonable further 
progress/attainment/maintenance] (Sec.  93.118(e)(4)(iv));
     The budgets are consistent with and clearly related to the 
emissions inventory and control measures in the SIP (Sec.  
93.118(e)(4)(v)); and
     The revisions explain and document changes to the previous 
budgets, impacts on point and area source emissions and changes to 
established safety margins (Sec.  93.118(e)(4)(vi)).
    Our review finds that Indiana has met all of the adequacy criteria, 
except the public process and final submittal by the Governor or 
Governor's designee. The interagency consultation group, which is 
composed of the state air agency, state Department of Transportation, 
Federal Highway Administration, EPA and the MPOs for the area, have 
discussed and reviewed the budgets developed with MOVES2010a and the 
safety margin allocation. The budgets are clearly identified and 
precisely quantified in the submittal in table 5.2-A. The budgets when 
considered with other emissions sources (point, area, non-road) are 
consistent with continued maintenance of the 1997 ozone standard. The 
budgets are clearly related to the emissions inventory and control 
measures in the SIP. The changes from the previous budgets are clearly 
explained with the change in the model from MOBILE6.2 to MOVES2010a and 
the revised and updated planning assumptions. The inputs to the model 
are detailed in the Appendix to the submittal. EPA has reviewed the 
inputs to the MOVES2010a modeling and participated in the consultation 
process. The Federal Highway Administration--Indiana Division and the 
Indiana Department of Transportation have taken a lead role in working 
with the MPO and contractor to provide accurate, timely information and 
inputs to the MOVES2010a model runs. The IMPO network model and 
Anderson MPO network model provided the vehicle miles of travel and 
other necessary data from the travel demand networks.
    The CAA requires that revisions to existing SIPs and budgets 
continue to meet applicable requirements (in this case, maintenance). 
Therefore, states that revise existing SIPs with MOVES must show that 
the SIP continues to meet applicable requirements with the new level of 
motor vehicle emissions calculated by the new model.
    To that end, Indiana's submitted MOVES2010a budgets meet EPA's two 
criteria for revising budgets without revising the entire SIP:
    (1) The SIP continues to meet applicable requirements when the 
previous motor vehicle emissions inventories are replaced with 
MOVES2010a base year and milestone, attainment, or maintenance year 
inventories, and
    (2) The state can document that growth and control strategy 
assumptions for non-motor vehicle sources continue to be valid and any 
minor updates do not change the overall conclusions of the SIP.
    The State has documented that growth and control strategy 
assumptions continue to be valid and do not change the overall 
conclusions of the maintenance plan. The emission estimates for point, 
area and non-road sources have not changed. The submittal states that 
``growth and control strategy assumptions for non-mobile sources (i.e. 
area, non-road, and point) from the original submittal for the years 
2005, 2010, 2015, 2020 were developed before the down turn in the 
economy over the last several years. Because of this, the factors 
included in the original submittal may project more growth than actual 
into the future. As a result, the growth and control strategy 
assumptions for the non-mobile sources for the years 2005, 2010, 2015 
and 2020 continue to be valid and do not affect the overall conclusions 
of the plan.''
    Indiana confirms that the SIP continues to demonstrate its purpose 
of maintaining the 1997 ozone standard because the emissions are 
continuing to decrease from the attainment year to the final year of 
the maintenance plan. The total emissions in the revised SIP (which 
includes MOVES2010a emissions for mobile sources) decrease from 329.78 
tpd for NOX and 207.94 tpd for VOCs in the 2005 attainment 
year to 136.59 tpy NOX and 163.69 tpd VOC in 2020. These 
totals demonstrate that emissions in the Central Indiana area are 
continuing to decline and remain below the attainment levels. The 
following tables show total emissions in the Central Indiana area 
including point, area, non-road, and mobile sources and demonstrates 
the declining emissions from the 2005 attainment year.

                            Table of Total Emissions With MOVES2010a Mobile Emissions
----------------------------------------------------------------------------------------------------------------
                                                2005              2010              2015              2020
----------------------------------------------------------------------------------------------------------------
VOC.....................................            207.94            189.75            177.43            163.69
NOX.....................................            329.78            223.43            168.61            136.59
----------------------------------------------------------------------------------------------------------------

    Based on our review of the SIP and the new budgets provided, EPA 
has determined that the SIP will continue to meet its requirements if 
the revised motor vehicle emissions inventories are replaced with 
MOVES2010a inventories.

c. Applicability of MOBILE6.2-Based Budgets

    Pursuant to the State's request, EPA is proposing that, if we 
finalize the approval of the revised budgets, the state's existing 
MOBILE6.2-based budgets will no longer be applicable for transportation 
conformity purposes upon the effective date of that final approval.
    In addition, once EPA approves the MOVES2010a-based budgets, the 
regional transportation conformity grace period for using MOVES2010 
(and subsequent minor revisions) for the pollutants included in these 
budgets will end for the Central Indiana ozone maintenance area on the 
effective date of that final approval.\2\
---------------------------------------------------------------------------

    \2\ For more information, see Question 11 of EPA's ``Policy 
Guidance on the Use of MOVES2010 for State Implementation Plan 
Development, Transportation Conformity, and Other Purposes'' and 75 
FR 9411.
---------------------------------------------------------------------------

VI. What action is EPA taking?

    EPA is proposing in this action that the Central Indiana existing 
approved budgets for VOCs and NOX for 2006 and 2020 for the 
1997 8-hour ozone

[[Page 20582]]

maintenance plan be replaced with new budgets based on the MOVES2010a 
emissions model. Once this proposal is finalized, future transportation 
conformity determinations would use the new, MOVES2010a-based budgets 
and would no longer use the existing MOBILE6.2-based budgets. EPA is 
also proposing to find that the Central Indiana area's maintenance plan 
would continue to meet its requirements as set forth under the CAA when 
these new budgets are included.

VII. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Nitrogen oxides, Ozone, Volatile organic compounds.

    Dated: March 26, 2012.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2012-8208 Filed 4-4-12; 8:45 am]
BILLING CODE 6560-50-P