[Federal Register Volume 77, Number 120 (Thursday, June 21, 2012)]
[Rules and Regulations]
[Pages 37328-37330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14949]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2012-0214; FRL-9689-6]


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: Final rule.

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SUMMARY: EPA is approving 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) 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.

DATES: This final rule is effective on July 23, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2012-0214. All documents in the docket are listed on 
the www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
electronically through 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 is the background for this action?
II. What public comments were received?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is the background for this action?

    On March 2, 2012, Indiana submitted for parallel processing 
replacement budgets based on MOVES2010a for the Central Indiana area. 
On April 5, 2012, EPA proposed approval in the Federal Register of the 
Indiana SIP submittal (77 FR 20577). The primary background for today's 
action is contained in EPA's April 5, 2012, proposal. The SIP revision 
replaces MOBILE6.2 based approved budgets in the 1997 8-hour ozone 
maintenance plan for Central Indiana with MOVES2010a based budgets.
    Indiana submitted the final SIP revision request on April 16, 2012. 
The April 16, 2012, submittal letter with the state public comment 
documentation completed the requirements for the SIP submittal.
    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 EPA 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.
    States that revise their existing SIPs to include MOVES budgets 
must show that the SIP continues to meet applicable

[[Page 37329]]

requirements with the new level of motor vehicle emissions contained in 
the budgets. The transportation conformity rule (40 CFR 
93.118(e)(4)(iv)) requires that ``the motor vehicle emissions 
budgets(s), when considered together with all other emissions sources, 
is consistent with applicable requirements for reasonable further 
progress, attainment, or maintenance (whichever is relevant to the 
given implementation plan submission).''
    EPA has determined, based on its evaluation, that the area's 
maintenance plan continues to serve its intended purpose with the 
MOVES2010a-based budgets and that the budgets themselves meet the 
adequacy criteria in the conformity rule at 40 CFR 93.118(e)(4). The 
basis for this conclusion is contained in the proposed approval (77 FR 
20577) and is also based on the final submittal and completion of the 
public comment period. The final submittal letter and public comment 
documentation completed the items needed for adequacy.
    The Central Indiana area has three Metropolitan Planning 
Organizations (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 are being updated, not only to accommodate 
the use of MOVES2010a, but also because of the updated planning 
assumptions for mobile sources. The April 16, 2012, submittal letter 
with the public comment documentation completed the requirements for 
the SIP submittal.
    Once EPA approves the submitted budgets, they must be used by 
local, state and Federal agencies in determining whether transportation 
activities conform to the SIP as required by section 176(c) of the 
Clean Air Act (CAA).

II. What public comments were received?

    The State public comment period was from March 1, 2012, until March 
30, 2012. A public hearing was offered but was not requested. No public 
comments were received by Indiana during the comment period.
    The Federal Register proposing approval was published on April 5, 
2012, and the public comment period closed on May 7, 2012.
    No comments were received during the public comment period.

III. What action is EPA taking?

    EPA is approving new MOVES2010a-based budgets for the Central 
Indiana 1997 ozone maintenance area because the submitted budgets will 
continue to keep emissions below the attainment level and maintain air 
quality. On the effective date of this rulemaking, the submitted 
MOVES2010a budgets will replace the existing, MOBILE6.2-based budgets 
in the state's 1997 8-hour ozone maintenance plan and will be used in 
future transportation conformity analyses for the area. The previously 
approved MOBILE6.2 budgets will no longer be applicable for 
transportation conformity purposes.

   Motor Vehicle Emission Budgets for 8-Hour Ozone for Central Indiana
------------------------------------------------------------------------
                         Year                             2006     2020
------------------------------------------------------------------------
NOX tons/day..........................................   210.93    69.00
VOC tons/day..........................................    64.32    25.47
------------------------------------------------------------------------

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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 Clean Air Act; 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.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. 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 August 20, 2012. 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. 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,

[[Page 37330]]

Nitrogen dioxides, Ozone, Volatile organic compounds.

    Dated: June 11, 2012.
Susan Hedman,
Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart P--Indiana

0
2. Section 52.777(jj) is amended by redesignating the existing 
paragraph as paragraph (jj)(1) and by adding new paragraph (jj)(2) to 
read as follows:


Sec.  52.777  Control Strategy: photochemical oxidants (hydrocarbons).

* * * * *
    (jj) * * *
    (2) Approval--On April 16, 2012, Indiana submitted a request to 
revise the approved MOBILE6.2 motor vehicle emission budgets (budgets) 
in the 1997 8-hour ozone maintenance plan for the Central Indiana area. 
The budgets are being revised with budgets developed with the 
MOVES2010a model. The 2006 budgets for Central Indiana are 64.32 tons 
per day volatile organic compounds (VOCs) and 210.93 tons per day 
nitrogen oxides (NOX) and 2020 budgets are 25.47 tons per 
day VOCs and 69.00 tons per day of NOX.
* * * * *
[FR Doc. 2012-14949 Filed 6-20-12; 8:45 am]
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