[Federal Register Volume 84, Number 160 (Monday, August 19, 2019)]
[Proposed Rules]
[Pages 42876-42881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17665]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2019-0267; FRL-9998-45-Region 5]


Air Plan Approval; Indiana; Limited Maintenance Plan for 1997 
Ozone NAAQS; Evansville, Fort Wayne, Greene County, Jackson County, 
Muncie, and Terre Haute

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a submission from the State of Indiana as a state 
implementation plan (SIP) revision in according with the Clean Air Act 
(CAA). On April 25, 2019, the state submitted its 1997 8-hour ozone 
national ambient air quality standards (NAAQS or standard) Limited 
Maintenance Plan (LMP) for the following Indiana areas:] Evansville, 
Fort Wayne, Greene County, Jackson County, Muncie, and Terre Haute. EPA 
is proposing to approve the LMPs for these areas because they provide 
for the maintenance of the 1997 8-hour ozone NAAQS through the end of 
the second 10-year portion of the maintenance period. The effect of 
this action would be to make federally enforceable certain commitments 
related to maintenance of the 1997 8-hour ozone NAAQS in these areas as 
part of the Indiana SIP.

DATES: Comments must be received on or before September 18, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2019-0267 at http://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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Michael Leslie, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-6680, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we'', 
``us'', and ``our'' refer to EPA.

Table of Contents

I. What action is EPA taking?
II. What is the background for these actions?
III. What is EPA's Evaluation of Indiana's SIP Submittals?
    1. Attainment Emissions Inventory
    2. Maintenance Demonstration
    3. Monitoring Network and Verification of Continued Attainment
    4. Contingency Plan
IV. Transportation Conformity
V. Proposed Action

[[Page 42877]]

VI. Statutory and Executive Order Reviews

I. What action is EPA taking?

    Under the CAA, EPA is proposing to approve the 1997 8-hour ozone 
NAAQS LMPs for the following Indiana areas: Evansville, Fort Wayne, 
Greene County, Jackson County, Muncie, and Terre Haute. Indiana 
submitted the LMPs on April 25, 2019.
    These LMPs for the 1997 8-hour ozone NAAQS submitted by Indiana are 
designed to maintain the 1997 8-hour ozone NAAQS through the end of the 
second 10-year period beyond redesignation. We are proposing to approve 
these LMPs because they meet all applicable requirements under CAA 
sections 110 and 175A.

II. What is the background for these actions?

    Ground-level ozone is formed when oxides of nitrogen 
(NOX) and volatile organic compounds (VOC) react in the 
presence of sunlight. These two pollutants, referred to as ozone 
precursors, are emitted by many types of pollution sources, including 
on-road and off-road motor vehicles and engines, power plants and 
industrial facilities, and smaller area sources such as lawn and garden 
equipment and paints. Scientific evidence indicates that adverse public 
health effects occur following exposure to ozone, particularly in 
children and adults with lung disease. Breathing air containing ozone 
can reduce lung function and inflame airways, which can increase 
respiratory symptoms and aggravate asthma or other lung diseases.
    Ozone exposure also has been associated with increased 
susceptibility to respiratory infections, medication use, doctor 
visits, and emergency department visits and hospital admissions for 
individuals with lung disease. Ozone exposure also increases the risk 
of premature death from heart or lung disease. Children are at 
increased risk from exposure to ozone because their lungs are still 
developing, and they are more likely to be active outdoors, which 
increases their exposure.\1\
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    \1\ See ``Fact Sheet, Proposal to Revise the National Ambient 
Air Quality Standards for Ozone,'' January 6, 2010 and 75 FR 2938 
(January 19, 2010).
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    In 1979, under section 109 of the CAA, EPA established primary and 
secondary NAAQS for ozone at 0.12 parts per million (ppm), averaged 
over a 1-hour period. 44 FR 8202 (February 8, 1979). On July 18, 1997, 
EPA revised the primary and secondary NAAQS for ozone to set the 
acceptable level of ozone in the ambient air at 0.08 ppm, averaged over 
an 8-hour period. 62 FR 38856 (July 18, 1997).\2\ EPA set the 1997 8-
hour ozone NAAQS based on scientific evidence demonstrating that ozone 
causes adverse health effects at lower concentrations and over longer 
periods of time than was understood when the pre-existing 1-hour ozone 
NAAQS was set. EPA determined that the 1997 8-hour standard would be 
more protective of human health, especially for children and adults who 
are active outdoors, and individuals with a preexisting respiratory 
disease, such as asthma.
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    \2\ In March 2008, EPA completed another review of the primary 
and secondary ozone standards and tightened them further by lowering 
the level for both to 0.075 ppm. 73 FR 16436 (March 27, 2008). 
Additionally, in October 2015, EPA completed a review of the primary 
and secondary ozone standards and tightened them by lowering the 
level for both to 0.70 ppm. 80 FR 65292 (October 26, 2015).
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    Following promulgation of a new or revised NAAQS, EPA is required 
by the CAA to designate areas throughout the nation as attaining or not 
attaining the NAAQS. On April 15, 2004, EPA designated the six Indiana 
areas as nonattainment for the 1997 8-hour ozone NAAQS, and the 
designations became effective on June 15, 2004. Under the CAA, states 
are also required to adopt and submit SIPs to implement, maintain, and 
enforce the NAAQS in designated nonattainment areas and throughout the 
state.
    When a nonattainment area has three years of complete, certified 
air quality data that has been determined to attain the 1997 8-hour 
ozone NAAQS, and the area has met other required criteria described in 
section 107(d)(3)(E) of the CAA, the state can submit to EPA a request 
to be redesignated to attainment, referred to as a ``maintenance 
area''.\3\ These six Indiana areas have been redesignated to attainment 
of the 1997 8-hour ozone NAAQS (70 FR 77026, 72 FR 1292, 70 FR 69085, 
70 FR 69085, 70 FR 69443, 71 FR 541). One of the criteria for 
redesignation is to have an approved maintenance plan under CAA section 
175A. The maintenance plan must demonstrate that the area will continue 
to maintain the standard for the period extending ten years after 
redesignation and contain such additional measures as necessary to 
ensure maintenance and such contingency provisions as necessary to 
assure that violations of the standard will be promptly corrected. At 
the end of the eighth year after the effective date of the 
redesignation, the state must also submit a second maintenance plan to 
ensure ongoing maintenance of the standard for an additional ten years. 
See CAA section 175A.
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    \3\ Section 107(d)(3)(E) of the CAA sets out the requirements 
for redesignation. They include attainment of the NAAQS, full 
approval under section 110(k) of the applicable SIP, determination 
that improvement in air quality is a result of permanent and 
enforceable reductions in emissions, demonstration that the state 
has met all applicable section 110 and part D requirements, and a 
fully approved maintenance plan under CAA section 175A.
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    EPA has published long-standing guidance for states on developing 
maintenance plans. EPA's guidance entitled, ``Procedures for Processing 
Requests to Redesignate Areas to Attainment,'' September 4, 1992 
(Calcagni memo) provides that states may generally demonstrate 
maintenance by either performing air quality modeling to show that the 
future mix of sources and emission rates will not cause a violation of 
the NAAQS or by showing that future emissions of a pollutant and its 
precursors will not exceed the level of emissions during a year when 
the area was attaining the NAAQS (i.e., attainment year inventory). See 
Calcagni memo at 9. EPA clarified in three subsequent guidance memos 
that certain nonattainment areas could meet the CAA section 175A 
requirement to provide for maintenance by demonstrating that the area's 
design value \4\ was well below the NAAQS and that the historical 
stability of the area's air quality levels showed that the area was 
unlikely to violate the NAAQS in the future.\5\ EPA refers to this 
streamlined demonstration of maintenance as an LMP. EPA has interpreted 
CAA section 175A as permitting this option because section 175A of the 
CAA defines few specific content requirements for maintenance plans, 
and in EPA's experience implementing the various NAAQS, areas that 
qualify for an LMP and have approved LMPs have rarely, if ever, 
experienced subsequent violations of the NAAQS. As noted in the LMP 
guidance memoranda, states seeking an LMP must still submit the other 
maintenance plan elements outlined in the Calcagni memo, including: An 
attainment emissions inventory,

[[Page 42878]]

provisions for the continued operation of the ambient air quality 
monitoring network, verification of continued attainment, and a 
contingency plan in the event of a future violation of the NAAQS. 
Moreover, states seeking an LMP must still submit its section 175A 
maintenance plan as a revision to its SIP, with all attendant notice 
and comment procedures.
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    \4\ The ozone design value for a monitoring site is the 3-year 
average of the annual fourth-highest daily maximum 8-hour average 
ozone concentrations. The design value for an ozone nonattainment 
area is the highest design value of any monitoring site in the area.
    \5\ See ``Limited Maintenance Plan Option for Nonclassifiable 
Ozone Nonattainment Areas'' from Sally L. Shaver, Office of Air 
Quality Planning and Standards (OAQPS), dated November 16, 1994; 
``Limited Maintenance Plan Option for Nonclassifiable CO 
Nonattainment Areas'' from Joseph Paisie, OAQPS, dated October 6, 
1995; and ``Limited Maintenance Plan Option for Moderate 
PM10 Nonattainment Areas'' from Lydia Wegman, OAQPS, 
dated August 9, 2001.
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    While the LMP guidance memoranda were originally written with 
respect to certain NAAQS,\6\ EPA has extended the LMP interpretation of 
section 175A to other NAAQS and pollutants not specifically covered by 
the previous guidance memos.\7\ In this case, EPA is proposing to 
approve the Indiana LMPs, because the state has made a showing, 
consistent with EPA's prior LMP guidance, that each of the six Indiana 
area's ozone concentrations are well below the 1997 8-hour ozone NAAQS 
and have been historically stable. Indiana has submitted LMPs for the 
Evansville, Fort Wayne, Greene County, Jackson County, Muncie, and 
Terre Haute, Indiana areas' 1997 8-hour ozone NAAQS maintenance area to 
fulfill the second maintenance plan requirement in the CAA. Our 
evaluation of these 1997 8-hour ozone NAAQS LMPs is presented below.
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    \6\ The prior memos addressed: Unclassifiable areas under the 1-
hour ozone NAAQS, nonattainment areas for the PM10 
(particulate matter with an aerodynamic diameter less than 10 
microns) NAAQS, and nonattainment areas for the carbon monoxide 
NAAQS.
    \7\ See, e.g., 79 FR 41900 (July 18, 2014) (Approval of second 
ten-year LMP for Grant County 1971 SO2 maintenance area).
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    Under CAA section 175A(b), states must submit a revision to the 
first maintenance plan eight years after redesignation to provide for 
maintenance of the NAAQS for ten additional years following the end of 
the first 10-year period. EPA's final implementation rule for the 2008 
8-hour ozone NAAQS revoked the 1997 8-hour ozone NAAQS and stated that 
one consequence of revocation was that areas that had been redesignated 
to attainment (i.e., maintenance areas) for the 1997 8-hour ozone 
standard no longer needed to submit second 10-year maintenance plans 
under CAA section 175A(b).\8\ In South Coast Air Quality Management 
District v. EPA, the D.C. Circuit vacated EPA's interpretation that, 
because of the revocation of the 1997 8-hour ozone standard, second 
maintenance plans were not required for ``orphan maintenance areas,'' 
i.e., areas that had been redesignated to attainment for the 1997 8-
hour ozone NAAQS maintenance areas and were designated attainment for 
the 2008 8-hour ozone NAAQS. South Coast, 882 F.3d 1138 (D.C. Cir. 
2018). Thus, states with these ``orphan maintenance areas'' under the 
1997 8-hour ozone NAAQS must submit maintenance plans for the second 
maintenance period. Accordingly, on April 25, 2019, Indiana submitted a 
second maintenance plan in the form of an LMP for the following Indiana 
areas: Evansville, Fort Wayne, Greene County, Jackson County, Muncie, 
and Terre Haute. These LMPs show that each area is expected to remain 
in attainment of the 1997 8-hour ozone NAAQS through the end of the 
last year of the second 10-year maintenance period, i.e., through the 
end of the full 20-year maintenance period.
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    \8\ See 80 FR 12315 (March 6, 2015).
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III. What is EPA's evaluation of Indiana's SIP submittals?

    EPA has reviewed the 1997 8-hour ozone NAAQS LMPs which are 
designed to maintain the 1997 8-hour ozone NAAQS within the Evansville, 
Fort Wayne, Greene County, Jackson County, Muncie, and Terre Haute, 
Indiana areas through the end of the 20-year period beyond 
redesignation, as required under CAA section 175A(b). The following is 
a summary of EPA's interpretation of the requirements \9\ and EPA's 
evaluation of how each requirement is met.
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    \9\ See Calcagni memo.
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1. Attainment Emissions Inventory

    For maintenance plans, a state should develop a comprehensive, 
accurate inventory of actual emissions for an attainment year to 
identify the level of emissions which is sufficient to maintain the 
NAAQS. A state should develop this inventory consistent with EPA's most 
recent guidance on emissions inventory development. For ozone, the 
inventory should be based on typical ozone season workday of VOCs and 
NOX, as these pollutants are precursors to ozone formation. 
The Indiana LMP's ozone attainment inventories reflect typical summer 
weekday emissions in 2014. Table 1 through 7 present a summary of the 
inventories for 2014 contained in the maintenance plans.

     Table 1--2014 Typical Summer Day 8-Hour Ozone Emissions for the
                        Evansville, Indiana Area
                               [Tons/day]
------------------------------------------------------------------------
                                                      VOC         NOX
                 Source category                   emissions   emissions
------------------------------------------------------------------------
Nonpoint........................................       10.57        2.99
Nonroad.........................................        2.83        3.03
Onroad..........................................        6.93       11.73
Point...........................................        3.66       34.68
------------------------------------------------------------------------


  Table 2--2014 Typical Summer Day 8-Hour Ozone Emissions for the Fort
                           Wayne, Indiana Area
                               [Tons/day]
------------------------------------------------------------------------
                                                      VOC         NOX
                 Source category                   emissions   emissions
------------------------------------------------------------------------
Nonpoint........................................       15.67        2.94
Nonroad.........................................        5.76        5.38
Onroad..........................................       10.57       21.48
Point...........................................        5.67        6.05
------------------------------------------------------------------------


 Table 3--2014 Typical Summer Day 8-Hour Ozone Emissions for the Greene
                          County, Indiana Area
                               [Tons/day]
------------------------------------------------------------------------
                                                      VOC         NOX
                 Source category                   emissions   emissions
------------------------------------------------------------------------
Nonpoint........................................        3.26        0.90
Nonroad.........................................        0.61        0.67
Onroad..........................................        1.23        2.20
Point...........................................        0.06        0.07
------------------------------------------------------------------------


 Table 4--2014 Typical Summer Day 8-Hour Ozone Emissions for the Jackson
                          County, Indiana Area
                               [Tons/day]
------------------------------------------------------------------------
                                                      VOC         NOX
                 Source category                   emissions   emissions
------------------------------------------------------------------------
Nonpoint........................................        2.59        0.25
Nonroad.........................................        1.05        1.13
Onroad..........................................        1.73        4.78
Point...........................................        1.38        1.01
------------------------------------------------------------------------


 Table 5--2014 Typical Summer Day 8-Hour Ozone Emissions for the Jackson
                          County, Indiana Area
                               [Tons/day]
------------------------------------------------------------------------
                                                      VOC         NOX
                 Source category                   emissions   emissions
------------------------------------------------------------------------
Nonpoint........................................        2.59        0.25
Nonroad.........................................        1.05        1.13
Onroad..........................................        1.73        4.78
Point...........................................        1.38        1.01
------------------------------------------------------------------------


[[Page 42879]]


 Table 6--2014 Typical Summer Day 8-Hour Ozone Emissions for the Muncie,
                              Indiana Area
                               [Tons/day]
------------------------------------------------------------------------
                                                      VOC         NOX
                 Source category                   emissions   emissions
------------------------------------------------------------------------
Nonpoint........................................        5.21        1.56
Nonroad.........................................        1.26        1.62
Onroad..........................................        3.48        8.32
Point...........................................        0.02        0.36
------------------------------------------------------------------------


  Table 7--2014 Typical Summer Day 8-Hour Ozone Emissions for the Terre
                           Haute, Indiana Area
                               [Tons/day]
------------------------------------------------------------------------
                                                      VOC         NOX
                 Source category                   emissions   emissions
------------------------------------------------------------------------
Nonpoint........................................        5.40        1.76
Nonroad.........................................        1.64        1.37
Onroad..........................................        3.23        6.06
Point...........................................        1.70       10.44
------------------------------------------------------------------------

    Indiana used 2014 summer day emissions from EPA 2014 version 7.0 
modeling platform as the basis for the attainment inventory. These data 
are based on the most recently available National Emissions Inventory 
(2014 NEI version 2).
    Based on our review of the methods, models, and assumptions used by 
Indiana to develop the VOC and NOX estimates, we propose to 
find that the Indiana 1997 8-hour ozone NAAQS LMP areas include a 
comprehensive, reasonably accurate inventory of actual ozone precursor 
emissions in attainment year 2014, and propose to conclude that the 
plan's inventory is acceptable for the purposes of a subsequent 
maintenance plan under CAA section 175A(b).

2. Maintenance Demonstration

    The maintenance plan demonstration requirement is considered to be 
satisfied in a LMP if the state can provide sufficient information 
indicating that air quality in the area is well below the level of the 
standard, that past air quality trends have been shown to be stable, 
and that the probability of the area experiencing a violation over the 
second 10-year maintenance period is low.\10\ These criteria are 
evaluated below with regard to the Indiana areas.
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    \10\ ``Limited Maintenance Plan Option for Nonclassifiable Ozone 
Nonattainment Areas'' from Sally L. Shaver, Office of Air Quality 
Planning and Standards (OAQPS), dated November 16, 1994; ``Limited 
Maintenance Plan Option for Nonclassifiable CO Nonattainment Areas'' 
from Joseph Paisie, OAQPS, dated October 6, 1995; and ``Limited 
Maintenance Plan Option for Moderate PM10 Nonattainment 
Areas'' from Lydia Wegman, OAQPS, dated August 9, 2001.
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    a. Evaluation of ozone air quality levels.
    To attain the 1997 8-hour ozone NAAQS, the three-year average of 
the fourth-highest daily maximum 8-hour average ozone concentrations 
(design value) at each monitor within an area must not exceed 0.08 ppm. 
Based on the rounding convention described in 40 CFR part 50, appendix 
I, the standard is attained if the design value is 0.084 ppm or below. 
Consistent with prior guidance, EPA believes that if the most recent 
air quality design value for the area is at a level that is well below 
the NAAQS (e.g., below 85% of the standard, or in this case below 0.071 
ppm), then EPA considers the state to have met the section 175A 
requirement for a demonstration that the area will maintain the NAAQS 
for the requisite period. Such a demonstration assumes continued 
applicability of prevention of significant deterioration requirements 
and any control measures already in the SIP, and that Federal measures 
will remain in place through the end of the second 10-year maintenance 
period.
    Table 8 presents the design values for each monitor in the Indiana 
areas over the 2016-2018 period. These monitoring sites have recorded 
levels well below the level of the 1997 8-hour ozone NAAQS over the 
entire first 10-year maintenance period. As shown below, the most 
current design values continue to be below the level of 85% of the 
NAAQS, consistent with prior LMP guidance.

                                 Table 8--1997 8-Hour Ozone NAAQS Design Values
                                               [Parts per million]
----------------------------------------------------------------------------------------------------------------
                                                                         Design value
               Area                       County          AQS site ID     (DV)  2016-    DV <0.071 ppb  eligible
                                                                             2018                  LMP
----------------------------------------------------------------------------------------------------------------
Evansville.......................  Vanderburgh........       181630013           0.068  Yes.
                                   Vanderburgh........       181630021           0.068  Yes.
                                   Warrick............       181730008           0.069  Yes.
                                   Warrick............       181730011           0.068  Yes.
Fort Wayne.......................  Allen..............       180030002           0.067  Yes.
                                   Allen..............       180030004           0.066  Yes.
Greene County....................  Greene.............       180550001           0.067  Yes.
Jackson County...................  Jackson............       180710001           0.066  Yes.
Muncie...........................  Delaware...........       180350010           0.066  Yes.
Terre Haute......................  Vigo...............       181670018           0.068  Yes.
                                   Vigo...............       181670024           0.067  Yes.
----------------------------------------------------------------------------------------------------------------

    Therefore, the Evansville, Fort Wayne, Greene County, Jackson 
County, Muncie, and Terre Haute, Indiana areas are eligible for the LMP 
option, and we propose to find that the long record of monitored ozone 
concentrations that attain the NAAQS, together with the continuation of 
existing VOC and NOX emissions control programs, adequately 
provide for the maintenance of the 1997 8-hour ozone NAAQS in the 
Indiana areas through the second 10-year maintenance period and beyond.
    Additional supporting information that these areas are expected to 
continue to maintain the standard can be found in EPA modeling 
projections of future year design values. This modeling was completed 
to assist states with development of interstate transport SIPs for the 
2015 8-hour ozone NAAQS. Those projections, made for the year 2023, 
show that the highest design value for these areas occurs in the Greene 
County area and is expected to be 0.064 ppm, which is well below the 
1997 8-hour ozone NAAQS.

3. Monitoring Network and Verification of Continued Attainment

    EPA periodically reviews the ozone monitoring network that Indiana 
operates and maintains, in accordance with 40 CFR part 58. This network 
is consistent with the ambient air

[[Page 42880]]

monitoring network assessment and plan developed by Indiana that is 
submitted annually to EPA and that follows a public notification and 
review process. EPA has reviewed and approved the Indiana's 2019 
Ambient Air Monitoring Network Assessment and Plan. Indiana has 
committed to continue to maintain a network in accordance with EPA 
requirements.

4. Contingency Plan

    The contingency plan provisions are designed to promptly correct or 
prevent a violation of the NAAQS that might occur after redesignation 
of an area to attainment. Section 175A of the CAA requires that a 
maintenance plan include such contingency measures as EPA deems 
necessary to assure that the state will promptly correct a violation of 
the NAAQS that occurs after redesignation. The maintenance plan should 
identify the contingency measures to be adopted, a schedule and 
procedure for adoption and implementation of the contingency measures, 
and a time limit for action by the state. The state should also 
identify specific indicators to be used to determine when the 
contingency measures need to be adopted and implemented. The 
maintenance plan must include a requirement that the state will 
implement all pollution control measures that were contained in the SIP 
before redesignation of the area to attainment. See section 175A(d) of 
the CAA.
    Indiana's contingency plan defines a warning level and action level 
response. A warning level shall be prompted whenever an annual average 
fourth high monitored value of 0.089 ppm occurs in a single ozone 
season, or a two-year average fourth high monitored value of 0.085 ppm 
or greater occurs within the maintenance area. The action level 
response shall be prompted whenever a three-year average fourth high 
monitored value of 85 ppb or greater occurs within the maintenance 
area. In the event that the action level is triggered and is not due to 
an exceptional event, malfunction, or noncompliance with a permit 
condition or rule requirement, Indiana will determine additional 
control measures needed to assure future attainment of NAAQS for ozone. 
In this case, measures that can be implemented in a short time will be 
selected in order to be in place within 18 months from the close of the 
ozone season that prompted the action level.
    Contingency measures to be considered will be selected from a 
comprehensive list of measures deemed appropriate and effective at the 
time the selection is made. Listed below are example measures that may 
be considered. The selection of measures will be based upon cost-
effectiveness, emission reduction potential, economic and social 
considerations or other factors that Indiana deems appropriate. Indiana 
will solicit input from all interested and affected persons in the 
maintenance area prior to selecting appropriate contingency measures. 
The listed contingency measures are potentially effective or proven 
methods of obtaining significant reductions of ozone precursor 
emissions. Because it is not possible at this time to determine what 
control measure will be appropriate at an unspecified time in the 
future, the list of contingency measures outlined below is not 
comprehensive. Indiana anticipates that only a few of these measures 
will be required.
    (1) A lower-Reid vapor pressure gasoline program.
    (2) Broader geographic applicability of existing measures.
    (3) A tightening of reasonably available control technology (RACT) 
on existing sources covered by EPA Control Technique Guidelines issued 
in response to the 1990 CAA Amendments.
    (4) The application of RACT to smaller existing sources.
    (5) A vehicle inspection/maintenance program.
    (6) One or more transportation control measures sufficient to 
achieve at least 0.5% reduction in actual area wide VOC emissions. 
Transportation measures will be selected from the following, based upon 
the factors listed above after consultation with affected local 
governments:
    (a) Trip reduction programs, including, but not limited to, 
employer-based transportation management plans, area wide rideshare 
programs, work schedule changes, and telecommuting.
    (b) Transit improvements.
    (c) Traffic flow improvements.
    (d) Other new or innovative transportation measures not yet in 
widespread use that affects state and local governments deemed 
appropriate.
    (7) Alternative fuel and diesel retrofit programs for fleet vehicle 
operations.
    (8) Controls on consumer products consistent with those adopted 
elsewhere in the United States.
    (9) The requirement of VOC or NOX emission offsets for 
new and modified major sources.
    (10) The requirement of VOC or NOX emission offsets for 
new and modified minor sources.
    EPA finds that Indiana's contingency measures, as well as the 
commitment to continue implementing any SIP requirements, satisfy the 
pertinent requirements of section 175A.

IV. Transportation Conformity

    Transportation conformity is required by section 176(c) of the CAA. 
Conformity to a SIP means that transportation activities will not 
produce new air quality violations, worsen existing violations, or 
delay timely attainment of the NAAQS (CAA 176(c)(1)(B)). EPA's 
conformity rule at 40 CFR part 93 requires that transportation plans, 
programs and projects conform to SIPs and establish the criteria and 
procedures for determining whether or not they conform. The conformity 
rule generally requires a demonstration that emissions from the 
Regional Transportation Plan (RTP) and the Transportation Improvement 
Program (TIP) are consistent with the motor vehicle emissions budget 
(MVEB) contained in the control strategy SIP revision or maintenance 
plan (40 CFR 93.101, 93.118, and 93.124). A MVEB is defined as ``that 
portion of the total allowable emissions defined in the submitted or 
approved control strategy implementation plan revision or maintenance 
plan for a certain date for the purpose of meeting reasonable further 
progress milestones or demonstrating attainment or maintenance of the 
NAAQS, for any criteria pollutant or its precursors, allocated to 
highway and transit vehicle use and emissions (40 CFR 93.101).
    Under the conformity rule, LMP areas may demonstrate conformity 
without a regional emission analysis (40 CFR 93.109(e)).
    However, because LMP areas are still maintenance areas, certain 
aspects of transportation conformity determinations still will be 
required for transportation plans, programs and projects. Specifically, 
for such determinations, RTPs, TIPs and transportation projects still 
will have to demonstrate that they are fiscally constrained (40 CFR 
93.108), meet the criteria for consultation (40 CFR 93.105) and 
Transportation Control Measure implementation in the conformity rule 
provisions (40 CFR 93.112 and 40 CFR 93.113, respectively). 
Additionally, conformity determinations for RTPs and TIPs must be 
determined no less frequently than every four years, and conformity of 
plan and TIP amendments and transportation projects is demonstrated in 
accordance with the timing requirements specified in 40 CFR 93.104. In 
addition, for projects to be approved they must come from a currently 
conforming RTP and TIP (40 CFR 93.114 and 93.115).

[[Page 42881]]

V. Proposed Action

    Under section 175A of the CAA and for the reasons set forth above, 
EPA is proposing to approve the LMPs for the Evansville, Fort Wayne, 
Greene County, Jackson County, Muncie, and Terre Haute, Indiana areas 
for the 1997 8-hour ozone NAAQS. These plans were submitted by Indiana 
on April 25, 2019, as a revision to the Indiana SIP. We believe the 
1997 8-hour ozone NAAQS LMPs are sufficient to provide for maintenance 
of the 1997 8-hour ozone NAAQS in these areas over the second 
maintenance period.

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 Act 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 
proposed action merely proposes to approve state law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because it is not a significant regulatory 
action under Executive Order 12866;
     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 disproportionate human health or environmental effects with 
practical, appropriate, and legally permissible methods under Executive 
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

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

    Dated: August 6, 2019.
Cathy Stepp,
Regional Administrator, Region 5.
[FR Doc. 2019-17665 Filed 8-16-19; 8:45 am]
 BILLING CODE 6560-50-P