[Federal Register Volume 79, Number 53 (Wednesday, March 19, 2014)]
[Rules and Regulations]
[Pages 15224-15227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-05903]



[[Page 15224]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2013-0415; FRL 9908-16-Region 5]


Approval and Promulgation of Air Quality Implementation Plans; 
Indiana; Evansville Area; 1997 Annual Fine Particulate Matter 
Maintenance Plan Revision to Approved Motor Vehicle Emissions Budgets

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
request by Indiana to revise the 1997 annual fine particulate matter 
(PM2.5) maintenance air quality state implementation plan 
(SIP) for the Evansville/Southwestern Indiana Area to replace onroad 
emissions inventories and motor vehicle emissions budgets (budgets) 
with inventories and budgets developed using EPA's Motor Vehicle 
Emissions Simulator (MOVES) emissions model. Indiana submitted the SIP 
revision request for the Evansville Area on July 2, 2013.

DATES: This direct final rule is effective May 19, 2014, unless EPA 
receives adverse comments by April 18, 2014. 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-2013-0415, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected]
    3. Fax: (312) 692-2450.
    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-
2013-0415. 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.
    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 Anthony Maietta, Environmental 
Protection Specialist, at (312) 353-8777 before visiting the Region 5 
office.

FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental 
Protection Specialist, Control Strategies Section, Air Programs Branch 
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 353-8777, 
[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 EPA approving?
II. What is the background for this action?
    a. SIP Budgets and Transportation Conformity
    b. Prior Approval of Budgets
    c. The MOVES Emissions Model
    d. Submission of MOVES2010a-Based Inventories
III. What are the criteria for approval?
IV. 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
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews

I. What is EPA approving?

    EPA is approving new MOVES2010a-based onroad emissions inventories 
and budgets for the Evansville, Indiana 1997 annual PM2.5 
maintenance area that will replace MOBILE6.2-based inventories and 
budgets in the SIP. The Evansville, Indiana area is comprised of 
Dubois, Vanderburgh, and Warrick Counties, Montgomery Township in 
Gibson County, Ohio Township in Spencer County, and Washington Township 
in Pike County. The area was redesignated to attainment of the 1997 
annual PM2.5 standard, effective on October 27, 2011 (76 FR 
59527). MOBILE6.2-based onroad emissions inventories and budgets were 
approved in that action. Upon effective date of approval of the 
MOVES2010a-based budgets, they must be used in future transportation 
conformity analyses for the area as required by section 176(c) of the 
Clean Air Act (CAA). See the official release of the MOVES2010 
emissions model (75 FR 9411-9414) for background, and section II.c. 
below for details.

II. What is the background for this action?

a. SIP Budgets and Transportation Conformity

    Under the CAA, states are required to submit control strategy SIP 
revisions and maintenance plans for nonattainment and maintenance areas 
for a given national ambient air quality standard (NAAQS). These SIP 
revisions and maintenance plans include budgets of onroad mobile source 
emissions for criteria pollutants and/or their precursors. 
Transportation plans and projects ``conform'' to (i.e., are consistent 
with) the SIP when they will

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not cause or contribute to air quality violations, or delay timely 
attainment of the NAAQS or an interim milestone.

b. Prior Approval of Budgets

    On September 27, 2011 (76 FR 59527), EPA approved MOBILE6.2-based 
budgets for the Evansville 1997 annual PM2.5 maintenance 
area for direct emissions of PM2.5 and emissions of its 
precursor pollutant, nitrogen oxides (NOX). The Evansville 
area's PM2.5 maintenance plan established 2015 and 2022 
budgets. These budgets demonstrated a reduction in emissions from the 
monitored attainment year.

c. The MOVES Emissions Model

    The MOVES model is EPA's state of the art tool for estimating 
highway emissions. EPA announced the release of MOVES2010 in March 2010 
(75 FR 9411). Use of the MOVES model is required for regional emissions 
analyses for transportation conformity determinations outside of 
California that begin after March 2, 2013.
    The MOVES model was used to estimate emissions in the areas for the 
same milestone years as the original onroad emissions inventories and 
budgets in the SIP. The Indiana Department of Environmental Management 
(IDEM) is revising the onroad emissions inventories and budgets using 
the latest planning assumptions, including population and employment 
updates. In addition, newer vehicle registration data have been used to 
update the age distribution of the vehicle fleets. Since future 
demonstrations of conformity will use emissions estimates derived with 
MOVES, it is appropriate to establish benchmarks based on MOVES. The 
interagency consultation groups for these areas have had extensive 
consultation on the requirements and need for new budgets.

d. Submission of MOVES2010a-Based Inventories

    Indiana submitted onroad inventories to EPA based on MOVES2010a 
that cover the Evansville, Indiana area on July 2, 2013. During the 
state public comment period, Indiana did not receive any comments on 
its submittal.
    The new MOVES2010a-based budgets taken from these inventories are 
for the years 2015 and 2020 for both PM2.5 and 
NOX. The budgets for these areas are detailed later in this 
notice.

          Table 1--Total Onroad PM2.5 Emissions With MOVES2010a Mobile Emissions in Evansville, Indiana
                                                 [Tons per day]
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                                                                                                       2022
                            Sector                             2005 Attainment    2015 Interim     Maintenance
----------------------------------------------------------------------------------------------------------------
Onroad.......................................................          440.28           199.93           100.45
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              Table 2--Total NOX Emissions With MOVES2010a Mobile Emissions in Evansville, Indiana
                                                 [Tons per day]
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                                                                                                       2022
                            Sector                             2005 Attainment    2015 Interim     Maintenance
----------------------------------------------------------------------------------------------------------------
Onroad.......................................................       12,336.71         5,642.95         3,173.08
----------------------------------------------------------------------------------------------------------------

    As shown in tables 1 and 2, the submittal demonstrates that onroad 
emissions decrease considerably between the attainment year and the 
maintenance year. The submittal demonstrates that the MOVES2010a-based 
onroad emissions' rate of decline is greater than the rate of decline 
of the originally approved MOBILE6.2-based onroad emissions. No 
additional control measures were needed to maintain the 1997 annual 
PM2.5 standard in the Evansville area.

III. What are the criteria for approval?

    EPA requires that revisions to existing SIPs and budgets continue 
to meet applicable requirements (e.g., reasonable further progress, 
attainment, or maintenance). The SIP must also meet any applicable SIP 
requirements under CAA section 110. In addition, adequacy criteria 
found at 40 CFR 93.118(e)(4) must be satisfied before EPA can find 
submitted budgets adequate and approve them for conformity purposes.
    States can revise their budgets and inventories for specific areas 
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 effectiveness of the SIP. The submittal meets this 
requirement as described below in the next section.
    For more information, see EPA's latest ``Policy Guidance on the Use 
of MOVES2010 for SIP Development, Transportation Conformity, and Other 
Purposes'' (April 2012), available online at: www.epa.gov/otaq/stateresources/transconf/policy.htm# models.

IV. What is EPA's analysis of the state's submittal?

a. The Revised Inventories

    The SIP revision request for the area's 1997 annual 
PM2.5 maintenance plan seeks to revise only the onroad 
mobile source inventories. IDEM has certified that the control 
strategies for the area remain the same as in the original SIP, and 
that no other control strategies are necessary. IDEM has determined 
that growth and control strategy assumptions for non-mobile sources 
(i.e., area, nonroad, and point) have not changed significantly from 
the original submittal. This is corroborated by the monitoring data for 
the area, which continue to monitor attainment for the 1997 annual 
PM2.5 standard. IDEM's submittal confirms that in the 
revised SIP, onroad emissions in the area continue to decline and 
remain below the attainment levels.
    Indiana has submitted budgets taken from the MOVES 2010a-based 
onroad inventories for the Evansville area. The revised budgets are 
displayed in table 3.

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   Table 3--Motor Vehicle Emission Budgets (MOVES) for the Evansville,
                Indiana 1997 PM2.5 Area in Tons per Year
------------------------------------------------------------------------
                  Year                         2015            2022
------------------------------------------------------------------------
PM2.5...................................          199.93          100.45
NOX.....................................        5,642.95        3,173.08
------------------------------------------------------------------------

b. Approvability of the MOVES2010a-Based Budgets

    EPA is approving the MOVES2010a-based budgets submitted by Indiana 
for use in determining transportation conformity in the Evansville, 
Indiana 1997 annual PM2.5 maintenance area. EPA evaluated 
the MOVES2010a-based budgets using the adequacy criteria found in 40 
CFR 93.118(e)(4) and SIP requirements.
    Before submitting the revised budgets, IDEM followed all necessary 
conformity procedures. The budgets are clearly identified and precisely 
quantified in the submittal. The budgets, when considered with other 
emissions sources, are consistent with continued maintenance of the 
1997 annual PM2.5 standard. The budgets are clearly related 
to the emissions inventories 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 
Appendices to the submittal. EPA has reviewed the inputs to the 
MOVES2010a modeling and participated in the consultation process. The 
Federal Highway Administration and the Indiana Department of 
Transportation have taken a lead role in working with the area's 
metropolitan planning organization to provide accurate, timely 
information and inputs to the MOVES2010a model runs. The state has 
documented that growth and control strategy assumptions for non-motor 
vehicle sources (i.e. area, nonroad, and point) continue to be valid 
and any minor updates do not change the overall conclusions of the SIP.
    Indiana's submittal confirms that the SIP continues to demonstrate 
maintenance of the 1997 annual PM2.5 standard, and onroad 
NOX and PM2.5 emissions in the revised SIP 
continue to decrease from the attainment year to the final year of the 
maintenance plan for the area, as shown in tables 1 and 2.

c. Applicability of MOBILE6.2-Based Budgets

    Upon the effective date of the approval of the revised budgets, the 
state's existing MOBILE6.2-based budgets for the area will no longer be 
applicable for transportation conformity purposes.

V. What action is EPA taking?

    EPA is approving the onroad mobile source emissions inventories and 
budgets for the Evansville, Indiana 1997 annual PM2.5 
maintenance plan, as submitted on July 2, 2013. 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 May 19, 2014 without further notice unless 
we receive relevant adverse written comments by April 18, 2014. 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 May 19, 2014.

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 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.

    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

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Court of Appeals for the appropriate circuit by May 19, 2014. 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 today's 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, Particulate 
matter.

    Dated: March 4, 2014.
Susan Hedman,
Regional Administrator, Region 5.

    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 adding a 
new entry in alphabetical order for ``Evansville/Southwest Indiana Area 
1997 annual fine particulate matter maintenance plan'' to read as 
follows:


Sec.  52.770  Identification of plan.

* * * * *
    (e) * * *

                       EPA-Approved Indiana Nonregulatory and Quasi-Regulatory Provisions
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               Title                    Indiana date            EPA Approval                 Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Evansville/Southwest Indiana Area    .................  03/19/14, [INSERT PAGE       Revision to motor vehicle
 1997 annual fine particulate                            NUMBER WHERE THE DOCUMENT    emission budgets.
 matter maintenance plan.                                BEGINS].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------



0
3. Section 52.776 is amended by adding paragraph (v)(5) to read as 
follows:


Sec.  52.776  Control Strategy: Particulate matter.

* * * * *
    (v) * * *
    (5) Approval--On July 2, 2013 Indiana submitted a request to revise 
the approved MOBILE6.2 motor vehicle emission budgets (budgets) in the 
1997 annual fine particulate matter maintenance plan for the Evansville 
maintenance area. The budgets are being revised with budgets developed 
with the MOVES2010a model. The 2015 motor vehicle emissions budgets are 
199.93 tpy PM2.5 and 5,642.95 tpy NOX. The 2022 
motor vehicle emissions budgets are 100.45 tpy PM2.5 and 
3,173 tpy NOX.
* * * * *
[FR Doc. 2014-05903 Filed 3-18-14; 8:45 am]
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