[Federal Register Volume 87, Number 96 (Wednesday, May 18, 2022)]
[Proposed Rules]
[Pages 30129-30141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10556]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 87, No. 96 / Wednesday, May 18, 2022 /
Proposed Rules
[[Page 30129]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2021-0054; EPA-R05-OAR-2022-0254; FRL-9686-01-R5]
Air Plan Approval; Indiana; Redesignation of the Indiana Portion
of the Louisville, Indiana-Kentucky Area to Attainment of the 2015
Ozone Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to find
that the Indiana portion of the Louisville, Indiana-Kentucky area
(Area) is attaining the 2015 primary and secondary ozone National
Ambient Air Quality Standards (NAAQS), and to act in accordance with a
request from the Indiana Department of Environmental Management (IDEM)
to redesignate the Indiana portion of the area to attainment for the
2015 ozone NAAQS because the request meets the statutory requirements
for redesignation under the Clean Air Act (CAA). The Area includes
Clark and Floyd Counties in Indiana and Bullitt, Jefferson, and Oldham
Counties in Kentucky. IDEM submitted this request on February 21, 2022.
EPA is proposing to approve, as a revision to the Indiana State
Implementation Plan (SIP), the State's plan for maintaining the 2015
ozone NAAQS through 2035 in the Indiana portion of the Louisville area.
EPA finds adequate and is proposing to approve Indiana's 2035 volatile
organic compound (VOC) and oxides of nitrogen (NOX) Motor
Vehicle Emission Budgets (budgets) for the Indiana portion of the
Louisville area and is initiating the adequacy review process for these
budgets. Finally, EPA is also proposing to approve portions of a
separate January 21, 2021 submittal from IDEM as meeting the applicable
requirements for a base year emissions inventory and emissions
statement program.
DATES: Comments must be received on or before June 17, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2020-0054, or EPA-R05-OAR-2022-0254 at https://www.regulations.gov,
or via email to [email protected]. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. For either manner of submission, EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Andrew Lee, Physical Scientist,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312)-353-7645,
[email protected]. The EPA Region 5 office is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding Federal holidays and
facility closures due to COVID-19.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. What is EPA proposing?
EPA is proposing to take several related actions. EPA is proposing
to determine that the Indiana portion of the Louisville nonattainment
area is attaining the 2015 ozone NAAQS, based on quality-assured and
certified monitoring data for 2019-2021, and that the Indiana portion
of the Louisville area has met the requirements for redesignation under
section 107(d)(3)(E) of the CAA. EPA is thus proposing to change the
designation of the Indiana portion of the Louisville area from
nonattainment to attainment for the 2015 ozone NAAQS. EPA is also
proposing to approve, as a revision to the Indiana SIP, the State's
maintenance plan for the area. The maintenance plan is designed to keep
the Indiana portion of the Louisville area in attainment of the 2015
ozone NAAQS through 2035. EPA is proposing to approve the newly
established 2035 budgets for the Indiana portion of the Louisville area
and is initiating the adequacy process for these budgets. Finally, EPA
is proposing to approve portions of Indiana's January 21, 2021,
submittal because they satisfy the applicable CAA requirements for a
base year emissions inventory and emissions statement program for the
Indiana portion of the Louisville area.
II. What is the background for these actions?
EPA has determined that ground-level ozone is detrimental to human
health. On October 1, 2015, EPA promulgated a revised 8-hour ozone
NAAQS of 0.070 parts per million (ppm). See 80 FR 65292 (October 26,
2015). Under EPA's regulations at 40 CFR part 50, the 2015 ozone NAAQS
is attained in an area when the 3-year average of the annual fourth
highest daily maximum 8-hour average concentration is equal to or less
than 0.070 ppm, when truncated after the thousandth decimal place, at
all of the ozone monitoring sites in the area. See 40 CFR 50.19 and
appendix U to 40 CFR part 50.
Upon promulgation of a new or revised NAAQS, section 107(d)(1)(B)
of the CAA requires EPA to designate as nonattainment any areas that
are violating the NAAQS, based on the most recent three years of
quality assured ozone monitoring data. The Louisville area was
designated as a Marginal nonattainment area for the 2015 ozone NAAQS on
June 4, 2018 (83 FR 25776) (effective August 3, 2018).
III. What are the criteria for redesignation?
Section 107(d)(3)(E) of the CAA allows redesignation of an area to
attainment of the NAAQS provided that:
[[Page 30130]]
(1) The Administrator (EPA) determines that the area has attained the
NAAQS; (2) the Administrator has fully approved the applicable
implementation plan for the area under section 110(k) of the CAA; (3)
the Administrator determines that the improvement in air quality is due
to permanent and enforceable reductions in emissions resulting from
implementation of the applicable SIP, applicable Federal air pollutant
control regulations, and other permanent and enforceable emission
reductions; (4) the Administrator has fully approved a maintenance plan
for the area as meeting the requirements of section 175A of the CAA;
and (5) the state containing the area has met all requirements
applicable to the area for the purposes of redesignation under section
110 and part D of the CAA.
On April 16, 1992, EPA provided guidance on redesignations in the
General Preamble for the Implementation of Title I of the CAA
Amendments of 1990 (57 FR 13498) and supplemented this guidance on
April 28, 1992 (57 FR 18070). EPA has provided further guidance on
processing redesignation requests in policy memoranda.
IV. What is EPA's analysis of Indiana's redesignation request?
A. Has the Louisville area attained the 2015 ozone NAAQS?
For redesignation of a nonattainment area to attainment, the CAA
requires EPA to determine that the area has attained the applicable
NAAQS (CAA section 107(d)(3)(E)(i)). An area is attaining the 2015
ozone NAAQS if it meets the 2015 ozone NAAQS, as determined in
accordance with 40 CFR 50.19 and appendix U of part 50, based on three
complete, consecutive calendar years of quality-assured air quality
data for all monitoring sites in the area. The 2015 ozone NAAQS is
attained in an area when the 3-year average of the annual fourth
highest daily maximum 8-hour average concentration is equal to or less
than 0.070 ppm, when truncated after the thousandth decimal place, at
all the ozone monitoring sites in the area. The air quality data must
be collected and quality-assured in accordance with 40 CFR part 58 and
recorded in EPA's Air Quality System (AQS). Ambient air quality
monitoring data for the 3-year period must also meet data completeness
requirements. An ozone design value is valid if daily maximum 8-hour
average concentrations are available for at least 90% of the days
within the ozone monitoring seasons,\1\ on average, for the 3-year
period, with a minimum data completeness of 75% during the ozone
monitoring season of any year during the 3-year period. See section 4
of appendix U to 40 CFR part 50.
EPA has reviewed the available ozone monitoring data from
monitoring sites in the Louisville area for the 2019-2021 period. These
data have been quality assured, are recorded in the AQS, and were
certified in advance of EPA's publication of this proposal. These data
demonstrate that the Louisville area is attaining the 2015 ozone NAAQS.
The annual fourth-highest 8-hour ozone concentrations and the 3-year
average of these concentrations (monitoring site ozone design values)
for each monitoring site are summarized in Table 1.
Table 1--Annual Fourth-Highest Daily Maximum 8-Hour Ozone Concentrations and 3-Year Average of the Fourth-
Highest Daily Maximum 8-Hour Ozone Concentrations for the Louisville Area
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2019-2021
County Monitor 2019 4th 2020 4th 2021 4th Average
high (ppm) high (ppm) high (ppm) (ppm)
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Clark, IN................................... 18-019-0008 0.064 0.062 0.063 0.063
Floyd, IN................................... 18-043-1004 0.063 0.066 0.064 0.064
Bullitt, KY................................. 21-029-0006 0.063 0.065 0.065 0.064
Jefferson, KY............................... 21-111-0051 0.065 0.063 0.067 0.065
21-111-0067 0.068 0.071 0.069 0.069
21-111-0080 0.064 0.068 0.073 0.068
Oldham...................................... 26-163-0001 0.065 0.061 0.065 0.063
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The Louisville area's 3-year ozone design value for 2019-2021 is
0.069 ppm,\2\ which meets the 2015 ozone NAAQS. Therefore, in this
action, EPA proposes to determine that the Louisville area is attaining
the 2015 ozone NAAQS.
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\2\ The monitor ozone design value for the monitor with the
highest 3-year averaged concentration.
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EPA will not take final action to determine that the Louisville
area is attaining the NAAQS or to approve the redesignation of this
area if the design value of a monitoring site in the area violates the
NAAQS after proposal but prior to final approval of the redesignation.
As discussed in section IV.D.3. below, IDEM has committed to continue
monitoring ozone in this area to verify maintenance of the 2015 ozone
NAAQS.
B. Has Indiana met all applicable requirements of section 110 and part
D of the CAA for the Indiana portion of the Louisville area, and does
the Indiana portion of the Louisville have a fully approved SIP for the
area under section 110(k) of the CAA?
For redesignation of an area from nonattainment to attainment of a
NAAQS, the CAA requires EPA to determine that the state has met all
applicable requirements under section 110 and part D of title I of the
CAA (see section 107(d)(3)(E)(v) of the CAA) and that the state has a
fully approved SIP under section 110(k) of the CAA (see section
107(d)(3)(E)(ii) of the CAA). EPA proposes to find that Indiana has met
all applicable SIP requirements for purposes of redesignation under
section 119 and part D of title I of the CAA (requirements specific to
nonattainment areas for the 2015 ozone NAAQS). Additionally, with the
exception of the base year emissions inventory requirement of section
182(a)(1) of the CAA and the emissions statement requirement of section
182(a)(3)(B) of the CAA, EPA proposes to find that Indiana has a fully
approved SIP under section 110(k) of the CAA. As discussed in sections
VI. and VII. below, EPA is proposing to approve Indiana's base year
emissions inventory and emissions statement program as meeting the
requirements of sections 182(a)(1) and 182(a)(3), respectively, for the
2015 ozone NAAQS. Upon final approval of these SIP elements, all
applicable requirements of the Indiana SIP for the area will have been
fully approved under section 110(k) of the CAA. In making these
proposed determinations, EPA ascertained which requirements are
applicable for purposes of redesignation, and whether the required
[[Page 30131]]
Indiana SIP elements are fully approved under section 110(k) and part D
of the CAA. As discussed more fully below, SIPs must be fully approved
only with respect to these applicable requirements of the CAA.
The September 4, 1992, memorandum from John Calcagni, Director, Air
Quality Management Division, entitled ``Procedures for Processing
Requests to Redesignate Areas to Attainment,'' describes EPA's
interpretation of which requirements are ``applicable'' for purposes of
redesignation under section 107(d)(3)(E) of the CAA. Under this
interpretation, a requirement is not ``applicable'' unless it was due
prior to the state's submittal of a complete redesignation request for
the area. See also the September 17, 1993, memorandum from Michael H.
Shapiro, entitled ``State Implementation Plan (SIP) Requirements for
Areas Submitting Requests for Redesignation to Attainment of the Ozone
and Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS)
On or After November 15, 1992,'' and 60 FR 12459, 12465-66 (March 7,
1995) (redesignation of Detroit-Ann Arbor, Michigan to attainment of
the 1hour ozone NAAQS). Applicable requirements of the CAA that come
due subsequent to the state's submittal of a complete request remain
applicable until a redesignation to attainment is approved but are not
required as a prerequisite to redesignation.\3\ See section 175A(c) of
the CAA. Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004). See also 68
FR 25424, 25427 (May 12, 2003) (redesignation of the St. Louis/East St.
Louis area to attainment of the 1-hour ozone NAAQS).
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\3\ EPA is, in a separate action, proposing to find that the
Louisville area failed to attain the 2015 ozone NAAQS by its
attainment date. If that determination were to be finalized, the
area would be reclassified to Moderate by operation of law. However,
because of EPA's interpretation and the date by which Indiana
submitted its request, those Moderate area requirements are not
considered applicable requirements for purposes of redesignating the
Louisville area. Specifically, at the time Indiana submitted its
request, EPA had not yet determined that the area failed to attain
and had not yet reclassified the area. Per CAA section 182(i) and
consistent with CAA section 179(d), EPA typically adjusts the
deadlines for SIP submissions that are required for newly
reclassified areas. Therefore, even if EPA were to finalize today
the determination that the area failed to attain and reclassify the
area, the deadline for the requirements associated with the
reclassification would be set at some point in the future. Indiana
submitted its request to redesignate well in advance of any
hypothetical due date associated with Moderate area requirements.
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1. Indiana Has Met All Applicable Requirements of Section 110 and Part
D of the CAA Applicable to the Indiana Portion of the Louisville Area
for Purposes of Redesignation
a. Section 110 General Requirements for Implementation Plans
Section 110(a)(2) of the CAA delineates the general requirements
for a SIP. Section 110(a)(2) provides that the SIP must have been
adopted by the state after reasonable public notice and hearing, and
that, among other things, it must: (1) Include enforceable emission
limitations and other control measures, means or techniques necessary
to meet the requirements of the CAA; (2) provide for establishment and
operation of appropriate devices, methods, systems and procedures
necessary to monitor ambient air quality; (3) provide for
implementation of a source permit program to regulate the modification
and construction of stationary sources within the areas covered by the
plan; (4) include provisions for the implementation of part C
prevention of significant deterioration (PSD) and part D new source
review (NSR) permit programs; (5) include provisions for stationary
source emission control measures, monitoring, and reporting; (6)
include provisions for air quality modeling; and, (7) provide for
public and local agency participation in planning and emission control
rule development.
Section 110(a)(2)(D) of the CAA requires SIPs to contain measures
to prevent sources in a state from significantly contributing to air
quality problems in another state. To implement this provision, EPA has
required certain states to establish programs to address transport of
certain air pollutants, e.g., NOX SIP call, the Clean Air
Interstate Rule (CAIR), and the Cross State Air Pollution Rule (CSAPR).
However, like many of the 110(a)(2) requirements, the section
110(a)(2)(D) SIP requirements are not linked with a particular area's
ozone designation and classification. EPA concludes that the SIP
requirements linked with the area's ozone designation and
classification are the relevant measures to evaluate when reviewing a
redesignation request for the area. The section 110(a)(2)(D)
requirements, where applicable, continue to apply to a state regardless
of the designation of any one particular area within the state. Thus,
we believe these requirements are not applicable requirements for
purposes of redesignation. See 65 FR 37890 (June 15, 2000), 66 FR 50399
(October 19, 2001), 68 FR 25418, 25426-27 (May 13, 2003).
In addition, EPA believes that other section 110 elements that are
neither connected with nonattainment plan submissions nor linked with
an area's ozone attainment status are not applicable requirements for
purposes of redesignation. The area will still be subject to these
requirements after the area is redesignated to attainment of the 2015
ozone NAAQS. The section 110 and part D requirements which are linked
with a particular area's designation and classification are the
relevant measures to evaluate in reviewing a redesignation request.
This approach is consistent with EPA's existing policy on applicability
(i.e., for redesignations) of conformity requirements, as well as with
section 184 ozone transport requirements. See Reading, Pennsylvania
proposed and final rulemakings, 61 FR 53174-53176 (October 10, 1996)
and 62 FR 24826 (May 7, 1997); Cleveland-Akron-Loraine, Ohio final
rulemaking, 61 FR 20458 (May 7, 1996); and Tampa, Florida final
rulemaking, 60 FR 62748 (December 7, 1995). See also the discussion of
this issue in the Cincinnati, Ohio ozone redesignation (65 FR 37890,
June 19, 2000), and the Pittsburgh, Pennsylvania ozone redesignation
(66 FR 50399, October 19, 2001).
We have reviewed Indiana's SIP and propose to find that it meets
the general SIP requirements under section 110 of the CAA, to the
extent those requirements are applicable for purposes of redesignation.
The requirements of section 110(a)(2), however, are statewide
requirements that are not linked to the 2015 ozone NAAQS nonattainment
status of the Louisville area. Therefore, EPA concludes that these
infrastructure requirements are not applicable requirements for
purposes of review of the state's ozone redesignation request.
b. Part D Requirements
Section 172(c) of the CAA sets forth the basic requirements of air
quality plans for states with nonattainment areas that are required to
submit them pursuant to section 172(b). Subpart 2 of part D, which
includes section 182 of the CAA, establishes specific requirements for
ozone nonattainment areas depending on the areas' nonattainment
classifications.
The Louisville area was classified as Marginal under subpart 2 for
the 2015 ozone NAAQS. As such, the area is subject to the subpart 1
requirements contained in section 172(c) and section 176. Similarly,
the area is subject to the subpart 2 requirements contained in section
182(a) (Marginal nonattainment
[[Page 30132]]
area requirements). A thorough discussion of the requirements contained
in section 172(c) and 182 can be found in the General Preamble for
Implementation of Title I (57 FR 13498).
i. Subpart 1 Section 172 Requirements
As provided in subpart 2, for Marginal ozone nonattainment areas
such as the Louisville area, the specific requirements of section
182(a) apply in lieu of the attainment planning requirements that would
otherwise apply under section 172(c), including the attainment
demonstration and reasonably available control measures (RACM) under
section 172(c)(1), reasonable further progress (RFP) under section
172(c)(2), and contingency measures under section 172(c)(9). 42 U.S.C.
7511a(a).
Section 172(c)(3) requires submission and approval of a
comprehensive, accurate and current inventory of actual emissions. This
requirement is superseded by the inventory requirement in section
182(a)(1) discussed below.
Section 172(c)(4) requires the identification and quantification of
allowable emissions for major new and modified stationary sources in an
area, and section 172(c)(5) requires source permits for the
construction and operation of new and modified major stationary sources
anywhere in the nonattainment area. EPA approved Indiana's NSR program
into the SIP on October 7, 1994 (59 FR 51108), with revisions
subsequently approved into the SIP on July 8, 2011 (76 FR 40242).
Nonetheless, EPA has determined that, since PSD requirements will apply
after redesignation, areas being redesignated need not comply with the
requirement that a NSR program be approved prior to redesignation,
provided that the area demonstrates maintenance of the NAAQS without
part D NSR. A more detailed rationale for this view is described in a
memorandum from Mary Nichols, Assistant Administrator for Air and
Radiation, dated October 14, 1994, entitled, ``Part D New Source Review
Requirements for Areas Requesting Redesignation to Attainment.'' See
rulemakings for Detroit, Michigan (60 FR 12467-12468, March 7, 1995);
Cleveland-Akron-Lorain, Ohio (61 FR 20458, 20469-20470, May 7, 1996);
Louisville, Kentucky (66 FR 53665, October 23, 2001); and Grand Rapids,
Michigan (61 FR 31834-31837, June 21, 1996). Indiana's PSD program will
become effective in the Indiana portion of the Louisville area upon
redesignation to attainment. EPA approved Indiana's PSD program on May
20, 2004 (69 FR 29071).
Section 172(c)(6) requires the SIP to contain control measures
necessary to provide for attainment of the NAAQS. Because attainment
has been reached, no additional measures are needed to provide for
attainment.
Section 172(c)(7) requires the SIP to meet the applicable
provisions of section 110(a)(2). As noted above, we believe the Indiana
SIP meets the requirements of section 110(a)(2) for purposes of
redesignation.
ii. Section 176 Conformity Requirements
Section 176(c) of the CAA requires that federally supported or
funded projects conform to the applicable SIP. The requirement to
determine conformity applies to transportation plans, programs and
projects that are developed, funded or approved under title 23 of the
United States Code (U.S.C.) and the Federal Transit Act (transportation
conformity) as well as to all other federally supported or funded
projects (general conformity). State transportation conformity SIP
revisions must be consistent with Federal conformity regulations
relating to consultation, enforcement and enforceability that EPA
promulgated pursuant to its authority under the CAA.
EPA interprets the conformity SIP requirements \4\ as not applying
for purposes of evaluating a redesignation request under section 107(d)
because state conformity rules are still required after redesignation
and Federal conformity rules apply where state conformity rules have
not been approved. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001)
(upholding this interpretation); see also 60 FR 62748 (December 7,
1995) (redesignation of Tampa, Florida). Nonetheless, Indiana's general
conformity rules were approved into Section 176(c) of the CAA on
January 14, 1998 (63 FR 2146).
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\4\ CAA section 176(c)(4)(E) requires states to submit revisions
to their SIPs to reflect certain Federal criteria and procedures for
determining transportation conformity. Transportation conformity
SIPs are different from SIPs requiring the development of motor
vehicle emission budgets, such as control strategy SIPs and
maintenance plans.
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iii. Section 182(a) Requirements
Section 182(a)(1) requires states to submit a comprehensive,
accurate, and current inventory of actual emissions from sources of
NOX and VOC emitted within the boundaries of the ozone
nonattainment area within two years of designation. On January 21,
2021, Indiana submitted emissions inventories for the Indiana portion
of the Louisville area for the 2017 base year. As described in section
VI. below, EPA is proposing to approve Indiana's base year emissions
inventory as meeting the requirements of section 182(a)(1) for the 2015
ozone NAAQS.
Under section 182(a)(2)(A), states with ozone nonattainment areas
that were designated prior to the enactment of the 1990 CAA amendments
were required to submit, within six months of classification, all rules
and corrections to existing VOC reasonably available control technology
(RACT) rules that were required under section 172(b)(3) prior to the
1990 CAA amendments. The Indiana portion of the Louisville area is not
subject to the section 182(a)(2) RACT ``fix up'' requirement for the
2015 ozone NAAQS because it was designated as nonattainment for this
standard after the enactment of the 1990 CAA amendments and, in any
case, Indiana complied with this requirement for the Indiana portion of
the Louisville area under the prior 1-hour ozone NAAQS. See 57 FR 8082
(March 6, 1992).
Section 182(a)(2)(B) requires each state with a Marginal ozone
nonattainment area that implemented or was required to implement a
vehicle inspection and maintenance (I/M) program prior to the 1990 CAA
amendments to submit a SIP revision for an I/M program no less
stringent than that required prior to the 1990 CAA amendments or
already in the SIP at the time of the CAA amendments, whichever is more
stringent. For the purposes of the 2015 ozone NAAQS and the
consideration of Indiana's redesignation request for this standard, the
Louisville area is not subject to the section 182(a)(2)(B) requirement
because the Louisville area was designated as nonattainment for the
2015 ozone NAAQS after the enactment of the 1990 CAA amendments and
because Indiana complied with this requirement for the Louisville area
under the prior 1-hour ozone NAAQS.
Regarding the source permitting and offset requirements of section
182(a)(2)(C) and section 182(a)(4), Indiana currently has a fully-
approved part D NSR program in place. EPA approved Indiana's NSR
program into the SIP on October 7, 1994 (59 FR 51108), with revisions
subsequently approved into the SIP on July 8, 2011 (76 FR 40242). EPA
approved Indiana's PSD program on May 20, 2004 (69 FR 29071). The
state's PSD program will become effective in the Indiana portion of the
Louisville area upon redesignation of the area to attainment.
Section 182(a)(3)(A) requires states to submit periodic emission
inventories and section 182(a)(3)(B) requires states
[[Page 30133]]
to submit a revision to the SIP to require the owners or operators of
stationary sources to annually submit emissions statements documenting
actual NOX and VOC emissions. As discussed below in section
IV.D.4. of this proposed rule, Indiana will continue to update its
emissions inventory at least once every three years. With regard to
stationary source emissions statements, EPA approved Indiana's
emissions statement program on June 10, 1994 (59 FR 29953). On January
21, 2021, Indiana submitted a separate request to strengthen its SIP-
approved emissions statement program by adding, removing, and updating
certain statues and reporting forms. As described in section VII.
below, EPA is proposing to approve portions of Indiana's emissions
statement submittal as meeting the requirements of section 182(a)(3)(B)
for the 2015 ozone NAAQS.
Upon approval of Indiana's emissions inventory and emissions
statements rules, the Indiana portion of the Louisville area will have
satisfied all applicable requirements for purposes of redesignation
under section 110 and part D of title I of the CAA.
2. The Indiana Portion of the Louisville Area Has a Fully Approved SIP
for Purposes of Redesignation Under Section 110(k) of the CAA
At various times, Indiana has adopted and submitted, and EPA has
approved, provisions addressing the various SIP elements applicable for
the ozone NAAQS. As discussed above, if EPA finalizes approval of
Indiana's section 182(a)(1) base year inventory requirements and
section 182(a)(3)(B) emission statement requirements, EPA will have
fully approved the Indiana SIP for the Indiana portion of the
Louisville area under section 110(k) for all requirements applicable
for purposes of redesignation under the 2015 ozone NAAQS. EPA may rely
on prior SIP approvals in approving a redesignation request (see the
Calcagni memorandum at page 3; Southwestern Pennsylvania Growth
Alliance v. Browner, 144 F.3d 984, 989-990 (6th Cir. 1998); Wall v.
EPA, 265 F.3d 426). Additional measures may also be approved in
conjunction with a redesignation action (see 68 FR 25426 (May 12, 2003)
and citations therein).
C. Are the air quality improvements in the Louisville area due to
permanent and enforceable emission reductions?
To redesignate an area from nonattainment to attainment, section
107(d)(3)(E)(iii) of the CAA requires EPA to determine that the air
quality improvement in the area is due to permanent and enforceable
reductions in emissions resulting from the implementation of the SIP
and applicable Federal air pollution control regulations and other
permanent and enforceable emission reductions. EPA proposes to
determine that Indiana has demonstrated that that the observed ozone
air quality improvement in the Louisville area is due to permanent and
enforceable reductions in VOC and NOX emissions resulting
from state measures adopted into the SIP and Federal measures.
In making this demonstration, the State has calculated the change
in emissions between 2017 and 2019. The reduction in emissions and the
corresponding improvement in air quality over this time period can be
attributed to several regulatory control measures that the Louisville
area and upwind areas have implemented in recent years. In addition,
Indiana provided an analysis to demonstrate the improvement in air
quality was not due to unusually favorable meteorology. Based on the
information summarized below, EPA proposes to find that Indiana has
adequately demonstrated that the improvement in air quality is due to
permanent and enforceable emissions reductions.
1. Permanent and Enforceable Emission Controls Implemented
a. Regional NOX Controls
CAIR/CSAPR. Under the ``good neighbor provision'' of CAA section
110(a)(2)(D)(i)(I), states are required to address interstate transport
of air pollution. Specifically, the good neighbor provision provides
that each state's SIP must contain provisions prohibiting emissions
from within that state which will contribute significantly to
nonattainment of the NAAQS, or interfere with maintenance of the NAAQS,
in any other state.
On May 12, 2005, EPA published CAIR, which required eastern states,
including Indiana, to prohibit emissions consistent with annual and
ozone season NOX budgets and annual sulfur dioxide
(SO2) budgets (70 FR 25152). CAIR addressed the good
neighbor provision for the 1997 ozone NAAQS and 1997 fine particulate
matter (PM2.5) NAAQS and was designed to mitigate the impact
of transported NOX emissions, a precursor of both ozone and
PM2.5, as well as transported SO2 emissions,
another precursor of PM2.5. The United States Court of
Appeals for the District of Columbia Circuit (D.C. Circuit) remanded
CAIR to EPA for replacement in 2008. North Carolina v. EPA, 531 F.3d
896, modified, 550 F.3d 1176 (2008). While EPA worked on developing a
replacement rule, implementation of the CAIR program continued as
planned with the NOX annual and ozone season programs
beginning in 2009 and the SO2 annual program beginning in
2010.
On August 8, 2011 (76 FR 48208), acting on the D.C. Circuit's
remand, EPA published CSAPR to replace CAIR and to address the good
neighbor provision for the 1997 ozone NAAQS, the 1997 PM2.5
NAAQS, and the 2006 PM2.5 NAAQS.\5\ Through Federal
Implementation Plans, CSAPR required electric generating units (EGUs)
in eastern states, including Indiana, to meet annual and ozone season
NOX budgets and annual SO2 budgets implemented
through new trading programs. After delays caused by litigation, EPA
started implementing the CSAPR trading programs in 2015, simultaneously
discontinuing administration of the CAIR trading programs. On October
26, 2016, EPA published the CSAPR Update, which established, starting
in 2017, a new ozone season NOX trading program for EGUs in
eastern states, including Indiana, to address the good neighbor
provision for the 2008 ozone NAAQS (81 FR 74504). The CSAPR Update was
estimated to result in a 20% reduction in ozone season NOX
emissions from EGUs in the eastern United States, a reduction of 80,000
tons in 2017 compared to 2015 levels. On April 30, 2021, EPA published
the Revised CSAPR Update, which fully resolved the obligations of
eastern states, including Indiana, under the good neighbor provision
for the 2008 ozone NAAQS (82 FR 23054). The Revised CSAPR Update was
estimated to reduce ozone season NOX emissions from EGUs by
17,000 tons beginning in 2021, compared to emissions without the rule.
The reduction in NOX emissions from the implementation of
CAIR and then CSAPR occurred by the attainment years and additional
emission reductions will occur throughout the maintenance period.
---------------------------------------------------------------------------
\5\ In a December 27, 2011 rulemaking, EPA included Indiana in
the ozone season NOX program, addressing the 1997 ozone
NAAQS (76 FR 80760).
---------------------------------------------------------------------------
b. Federal Emission Control Measures
Reductions in VOC and NOX emissions have occurred
statewide and in upwind areas as a result of Federal emission control
measures, with additional emission reductions expected to occur in the
future. Federal emission control measures include the following:
Tier 3 Emission Standards for Vehicles and Gasoline Sulfur
Standards.
[[Page 30134]]
On April 28, 2014 (79 FR 23414), EPA promulgated Tier 3 motor vehicle
emission and fuel standards to reduce both tailpipe and evaporative
emissions and to further reduce the sulfur content in fuels. The rule
is being phased in between 2017 and 2025. Tier 3 sets new tailpipe
standards for non-methane organic gases (NMOG) and NOX,
presented as NMOG+NOX, and for particulate matter. The VOC
and NOX tailpipe standards for light-duty vehicles represent
approximately an 80% reduction in fleet average NMOG+NOX and
a 70% reduction in per-vehicle particulate matter (PM) standards,
relative to the fleet average at the time of phase-in. Heavy-duty
tailpipe standards represent about a 60% reduction in both fleet
average NMOG+NOX and per-vehicle PM standards. The
evaporative emissions requirements in the rule will result in
approximately a 50% reduction from previous standards and apply to all
light-duty and on-road gasoline-powered heavy-duty vehicles. Finally,
the rule lowered the sulfur content of gasoline to an annual average of
10 ppm starting in January 2017. As projected by these estimates and
demonstrated in the on-road emission modeling for the Indiana portion
of the Louisville area, some of these emission reductions occurred by
the attainment years and additional emission reductions will occur
throughout the maintenance period, as older vehicles are replaced with
newer, compliant model years.
Heavy-Duty Diesel Engine Rules. In July 2000, EPA issued a rule for
on-road heavy-duty diesel engines that includes standards limiting the
sulfur content of diesel fuel. Emissions standards for NOX,
VOC and PM were phased in between model years 2007 and 2010. In
addition, the rule reduced the highway diesel fuel sulfur content to 15
parts per million by 2007, leading to additional reductions in
combustion NOX and VOC emissions. EPA has estimated future
year emission reductions due to implementation of this rule. EPA
estimated that by 2015 NOX and VOC emissions would decrease
nationally by 1,260,000 tons and 54,000 tons, respectively, and that by
2030 NOX and VOC emissions will decrease nationally by
2,570,000 tons and 115,000 tons, respectively. As projected by these
estimates and demonstrated in the on-road emission modeling for the
Indiana portion of the Louisville area, some of these emission
reductions occurred by the attainment years and additional emission
reductions will occur throughout the maintenance period, as older
vehicles are replaced with newer, compliant model years.
Non-road Diesel Rule. On June 29, 2004 (69 FR 38958), EPA issued a
rule adopting emissions standards for non-road diesel engines and
sulfur reductions in non-road diesel fuel. This rule applies to diesel
engines used primarily in construction, agricultural, and industrial
applications. Emission standards were phased in for the 2008 through
2015 model years based on engine size. The sulfur limits for non-road
diesel fuels were phased in from 2007 through 2012. EPA estimates that
now fully implemented, compliance with this rule will cut
NOX emissions from these non-road diesel engines by
approximately 90%. As projected by these estimates and demonstrated in
the non-road emission modeling for the Indiana portion of the
Louisville area, some of these emission reductions occurred by the
attainment years and additional emission reductions will occur
throughout the maintenance period.
Non-road Spark-Ignition Engines and Recreational Engine Standards.
On November 8, 2002 (67 FR 68242), EPA adopted emission standards for
large spark-ignition engines such as those used in forklifts and
airport ground-service equipment; recreational vehicles such as off-
highway motorcycles, all-terrain vehicles, and snowmobiles; and
recreational marine diesel engines. These emission standards were
phased in from model years 2004 through 2012. Now fully implemented,
EPA estimates an overall 72% reduction in national VOC emissions from
these engines and an 80% reduction in national NOX
emissions. As projected by these estimates and demonstrated in the non-
road emission modeling for the Indiana portion of the Louisville area,
some of these emission reductions occurred by the attainment years and
additional emission reductions will occur throughout the maintenance
period.
Category 3 Marine Diesel Engine Standards. On April 30, 2010 (75 FR
22896), EPA issued emission standards for marine compression-ignition
engines at or above 30 liters per cylinder. Tier 2 emission standards
applied beginning in 2011 and are expected to result in a 15 to 25%
reduction in NOX emissions from these engines. Final Tier 3
emission standards applied beginning in 2016 and are expected to result
in approximately an 80% reduction in NOX from these engines.
As projected by these estimates and demonstrated in the non-road
emission modeling for the Indiana portion of the Louisville area, some
of these emission reductions occurred by the attainment years and
additional emission reductions will occur throughout the maintenance
period.
2. Emission Reductions
Indiana is using a 2017 emissions inventory as the base year
because EPA's 2017 National Emissions Inventory (NEI) is the most
recently available triennial emissions inventory preceding the
nonattainment designations in April 2018. Indiana is using 2019 as the
attainment year, which is appropriate because it is one of the years in
the 2019-2021 period used to demonstrate attainment.
Indiana has provided inventories for point, nonpoint, on-road, and
nonroad sources. The inventory for point sources includes facilities
that report their emissions directly to IDEM, as well as sources such
as airports and rail yards. Nonpoint sources, sometimes called area
sources, include emissions from sources that are more ubiquitous, such
as consumer products or architectural coatings. On-road sources are
vehicles that are primarily used on public roadways, such as cars,
trucks, and motorcycles. Nonroad sources include engine-based emissions
that do not occur on roads, such as trains or boats.
For its point, nonpoint, and nonroad emissions inventories, Indiana
used EPA's 2017 NEI and EPA's 2017 Emissions Modeling platform as its
primary sources. To derive inventories for 2019, IDEM interpolated
between 2016 and 2023, 2026, and 2032 data from EPA's 2016v2 modeling
platform. The 2016v2 modeling platform and 2017 NEI have been quality-
assured, and documentation regarding these datasets and their methods
are available on EPA's website.\6\ Point source, area source, and non-
road emissions were compiled using data from EPA's Emissions Modeling
Clearinghouse website for the entire Louisville nonattainment area.
---------------------------------------------------------------------------
\6\ https://www.epa.gov/air-emissions-inventories/2014-national-emissions-inventory-nei-technicalsupport-document-tsd and https://www.epa.gov/air-emissions-modeling/2016-version-2-technical-support-document.
---------------------------------------------------------------------------
For its on-road emissions inventory, Indiana submitted an analysis
by Kentuckiana Regional Planning Commission and Development Agency
(KIPDA) in conjunction with the Louisville Air Pollution Control
District (APCD). This analysis used EPA's MOVES3.0.2 model to generate
summer day on-road emissions for 2015 and 2020 which was interpolated
to arrive at 2017 NOX and VOC tons per summer day. KIPDA's
and APCD's analysis relied on local travel inputs including demographic
data, travel demand
[[Page 30135]]
forecasting, road types, Vehicle Miles of Travel (VMT), Vehicle Hours
of Travel, vehicle population, and vehicle age, as well as
meteorological data. In Appendix C of its submittal, Indiana has
included a detailed narrative of KIPDA's methods.
To obtain the inventories, IDEM summed the annual totals of
NOX and VOC emissions from each emission category. Then,
IDEM calculated a conversion factor to convert the annual totals to a
value of tons per ozone season day. This conversion factor was
generated by taking the June-August category emissions and dividing
them by the annual category emissions. IDEM selected June-August as the
standard ozone season months, due to an analysis showing that those
months had the most days with high ozone values in recent years.
Using the inventories described above, Indiana's submittal
documents changes in NOX and VOC emissions from 2017 to 2019
for the Indiana portion of the Louisville area. Emissions data are
shown in Table 2. Data are expressed in terms of tons per ozone season
day.
Table 2--NOX and VOC Emissions in the Indiana and Kentucky Portions of the Louisville Area for the 2017
Nonattainment Year and 2019 Attainment Year
[Tons per summer day]
----------------------------------------------------------------------------------------------------------------
NOX VOC
-------------------------------------------------------------------------
Net change Net change
2017 2019 (2017-2019) 2017 2019 (2017-2019)
----------------------------------------------------------------------------------------------------------------
Indiana
----------------------------------------------------------------------------------------------------------------
Point................................. 2.70 4.18 1.48 2.15 0.20 -1.95
Nonpoint.............................. 2.05 0.42 -1.63 11.21 8.33 -2.88
On-road............................... 11.03 7.73 -3.30 4.41 3.37 -1.04
Nonroad............................... 1.92 2.76 0.84 1.14 1.43 -0.29
-------------------------------------------------------------------------
Total............................. 17.70 15.09 -2.61 18.91 13.33 -5.58
----------------------------------------------------------------------------------------------------------------
Kentucky
----------------------------------------------------------------------------------------------------------------
Point................................. 35.78 34.04 -1.74 30.92 33.45 2.53
Nonpoint.............................. 7.21 6.77 -0.44 40.14 36.76 -3.38
On-road............................... 25.60 25.31 -0.29 9.29 10.28 0.99
Nonroad............................... 3.46 3.38 -0.08 4.37 4.36 -0.01
-------------------------------------------------------------------------
Total............................. 72.05 69.50 -2.55 84.72 84.85 0.13
-------------------------------------------------------------------------
Louisville, IN-KY 2015 Ozone Area
----------------------------------------------------------------------------------------------------------------
Point................................. 38.48 38.22 -0.26 33.07 33.65 0.58
Nonpoint.............................. 9.26 7.19 -2.07 51.35 45.09 -6.26
On-road............................... 36.63 33.04 -3.59 13.70 13.65 -0.05
Nonroad............................... 5.38 6.14 0.76 5.51 5.79 0.28
-------------------------------------------------------------------------
Total............................. 89.75 84.59 -5.16 103.63 98.18 -5.45
----------------------------------------------------------------------------------------------------------------
As shown in Table 2, NOX and VOC emissions in the
Indiana portion of the Louisville area declined by 2.61 tons per ozone
season day and 5.58 tons per ozone season day, respectively, between
2017 and 2019. NOX and VOC emissions in the entire
Louisville area declined by 5.16 and 5.45 tons per ozone season day,
respectively, between 2017 and 2019.
3. Meteorology
To further support IDEM's demonstration that the improvement in air
quality between the year violations occurred and the year attainment
was achieved is due to permanent and enforceable emission reductions
and not unusually favorable meteorology, an analysis was performed by
the Lake Michigan Air Directors Consortium (LADCO). A classification
and regression tree (CART) analysis was conducted with 2005 through
2020 data from Louisville-area ozone monitors. The goal of the analysis
was to determine the meteorological and air quality conditions
associated with ozone episodes, and construct trends for the days
identified as sharing similar meteorological conditions.
Regression trees were developed for the monitors to classify each
summer day by its ozone concentration and associated meteorological
conditions. By grouping days with similar meteorology, the influence of
meteorological variability on the underlying trend in ozone
concentrations is partially removed and the remaining trend is presumed
to be due to trends in precursor emissions or other non-meteorological
influences. The CART analysis showed that, removing the impact of
meteorology, the resulting trends in ozone concentrations declined over
the period examined, and supported the conclusion that the improvement
in air quality was not due to unusually favorable meteorology.
D. Does Indiana have a fully approvable ozone maintenance plan for the
Indiana portion of the Louisville area?
To redesignate an area from nonattainment to attainment, section
107(d)(3)(E)(iv) of the CAA requires EPA to determine that the area has
a fully approved maintenance plan pursuant to section 175A of the CAA.
Section 175A of the CAA sets forth the elements of a maintenance plan
for areas seeking redesignation from nonattainment to attainment. Under
section 175A, the maintenance plan must demonstrate continued
attainment of the NAAQS for at least 10 years after the Administrator
approves a redesignation to attainment. Eight years after the
redesignation, the state must submit a revised maintenance plan which
demonstrates that attainment of the NAAQS will continue
[[Page 30136]]
for an additional 10 years beyond the initial 10-year maintenance
period. To address the possibility of future NAAQS violations, the
maintenance plan must contain contingency measures, as EPA deems
necessary, to assure prompt correction of the future NAAQS violation.
The Calcagni Memorandum provides further guidance on the content of
a maintenance plan, explaining that a maintenance plan should address
five elements: (1) An attainment emission inventory; (2) a maintenance
demonstration; (3) a commitment for continued air quality monitoring;
(4) a process for verification of continued attainment; and (5) a
contingency plan. In conjunction with its request to redesignate the
Indiana portion of the Louisville area to attainment for the 2015 ozone
NAAQS, Indiana submitted a SIP revision to provide for maintenance of
the 2015 ozone NAAQS through 2035, more than 10 years after the
expected effective date of the redesignation to attainment. As
discussed below, EPA proposes to find that Indiana's ozone maintenance
plan includes the necessary components and to approve the maintenance
plan as a revision of the Indiana SIP.
1. Attainment Inventory
EPA is proposing to determine that the Indiana portion of the
Louisville area has attained the 2015 ozone NAAQS based on monitoring
data for the period of 2019-2021. Indiana selected 2019 as the
attainment emissions inventory year to establish attainment emission
levels for VOC and NOX. The attainment emissions inventory
identifies the levels of emissions in the Indiana portion of the
Louisville area that are sufficient to attain the 2015 ozone NAAQS. The
derivation of the attainment year emissions is discussed above in
section IV.C.2. of this proposed rule. The emissions for the 2019
attainment year, by source category, are summarized in Table 2 above.
2. Has the state demonstrated maintenance of the ozone standard in the
Indiana portion of the Louisville area?
Indiana has demonstrated maintenance of the 2015 ozone NAAQS
through 2035 by projecting that current and future emissions of VOC and
NOX for the Indiana portion of the Louisville area remain at
or below attainment year emission levels. A maintenance demonstration
need not be based on modeling. See Wall v. EPA, 265 F.3d 426 (6th Cir.
2001), Sierra Club v. EPA, 375 F. 3d 537 (7th Cir. 2004). See also 66
FR 53094, 53099-53100 (October 19, 2001), 68 FR 25413, 25430-25432 (May
12, 2003).
Indiana is using emissions inventories for the years 2030 and 2035
to demonstrate maintenance. 2035 was selected because it is more than
10 years after the expected effective date of the redesignation to
attainment, and 2030 was selected to demonstrate that emissions are not
expected to spike in the interim between the 2019 attainment year and
the 2035 final maintenance year.
To develop emissions inventories for the years 2030 and 2035,
Indiana used a methodology consistent with the methods used to develop
its inventories for the years 2017 and 2019. This methodology is
discussed above in section IV.C.2. of this proposed rule.
For its point, nonpoint, and nonroad emissions inventories, Indiana
again used EPA's 2016v2 modeling platform. To derive inventories for
2030, IDEM interpolated between 2023 and 2026 and 2032 data from the
2016v2 modeling platform. To derive inventories for 2035, IDEM
extrapolated forward from the 2016v2 modeling platform data using data
points from 2016, 2023, 2026, and 2032 years.
For its on-road emissions inventory, Indiana again relied upon the
KIPDA analysis, which used EPA's MOVES3.0.2 model to generate summer
day on-road emissions for all years. KIPDA adjusted its analysis to use
inputs and assumptions appropriate for the future years 2030 and 2035.
In Appendix C of its submittal, Indiana has included a detailed
narrative of KIPDA's methods.
Emissions data for the 2017 nonattainment year, 2019 attainment
year, 2030 interim year, and 2035 maintenance year are shown in Tables
3 and 4 below. Data are expressed in terms of tons per ozone season
day.
Table 3--NOX Emissions in the Louisville Area for the 2017 Nonattainment Year, 2019 Attainment Year, 2030
Interim Year, and 2035 Maintenance Year
[Tons per summer day]
----------------------------------------------------------------------------------------------------------------
Net change
2017 2019 2030 2035 (2019-2035)
----------------------------------------------------------------------------------------------------------------
Indiana
----------------------------------------------------------------------------------------------------------------
Point................................................. 2.70 4.18 2.36 2.50 -1.68
Nonpoint.............................................. 2.05 0.42 0.42 0.42 0
Nonroad............................................... 1.92 2.76 1.80 1.25 -1.51
On-road............................................... 11.03 7.73 4.31 4.07 -3.66
---------------------------------------------------------
Total............................................. 17.70 15.09 8.89 8.24 -6.85
----------------------------------------------------------------------------------------------------------------
Kentucky
----------------------------------------------------------------------------------------------------------------
Point................................................. 35.78 34.04 24.39 21.24 -12.80
Nonpoint.............................................. 7.21 6.77 5.84 5.41 -1.36
Nonroad............................................... 3.46 3.38 2.91 2.69 -0.69
On-road............................................... 25.60 25.31 11.66 10.87 -14.44
---------------------------------------------------------
Total............................................. 72.05 69.50 44.80 40.21 -29.29
----------------------------------------------------------------------------------------------------------------
Louisville, IN-KY 2015 Ozone Area
----------------------------------------------------------------------------------------------------------------
Point................................................. 38.48 38.22 26.75 23.74 -14.48
Nonpoint.............................................. 9.26 7.19 6.26 5.83 -1.36
On-road............................................... 36.63 33.04 15.97 14.94 -18.10
[[Page 30137]]
Nonroad............................................... 5.38 6.14 4.71 3.94 -2.20
---------------------------------------------------------
Total............................................. 89.75 84.59 56.69 48.45 -36.14
----------------------------------------------------------------------------------------------------------------
Table 4--VOC Emissions in the Louisville Area for the 2017 Nonattainment Year, 2019 Attainment Year, 2030
Interim Year, and 2035 Maintenance Year
[Tons per ozone season day]
----------------------------------------------------------------------------------------------------------------
Net change
2017 2019 2030 2035 (2019-2035)
----------------------------------------------------------------------------------------------------------------
Indiana
----------------------------------------------------------------------------------------------------------------
Point................................................. 2.15 0.20 0.21 0.21 0.01
Nonpoint.............................................. 12.21 8.33 8.55 8.65 0.32
Nonroad............................................... 1.14 1.43 1.31 1.22 -0.21
On-road............................................... 4.41 3.37 1.41 1.24 -2.13
---------------------------------------------------------
Total............................................. 18.91 13.33 11.48 11.32 -2.01
----------------------------------------------------------------------------------------------------------------
Kentucky
----------------------------------------------------------------------------------------------------------------
Point................................................. 30.92 33.45 24.52 21.61 -11.84
Nonpoint.............................................. 40.14 36.76 31.48 29.08 -7.68
On-road............................................... 9.29 10.28 4.04 3.55 -6.73
Nonroad............................................... 4.37 4.36 4.31 4.28 -0.08
---------------------------------------------------------
Total............................................. 84.72 84.85 64.35 58.52 -26.33
----------------------------------------------------------------------------------------------------------------
Louisville, IN-KY 2015 Ozone Area
----------------------------------------------------------------------------------------------------------------
Point................................................. 33.07 33.65 24.73 21.82 -11.83
Nonpoint.............................................. 51.35 45.09 40.03 37.73 -7.36
On-road............................................... 13.70 13.65 5.45 4.79 -8.86
Nonroad............................................... 5.51 5.79 5.62 5.50 -0.29
---------------------------------------------------------
Total............................................. 103.63 98.18 75.83 69.84 -28.34
----------------------------------------------------------------------------------------------------------------
As shown in Tables 3 and 4, NOX and VOC emissions in the
Indiana portion of the Louisville area are projected to decrease by
6.85 tons per ozone season day and 2.01 tons per ozone season day,
respectively, between the 2019 attainment year and 2035 maintenance
year. NOX and VOC emissions for the entire Louisville area
are projected to decreased by 36.14 and 28.34 tons per ozone season
day, respectively, between the 2019 attainment year and the 2035
maintenance year. Indiana's maintenance demonstration for the Indiana
portion of the Louisville area shows maintenance of the 2015 ozone
NAAQS by providing emissions information to support the demonstration
that future emissions of NOX and VOC will remain at or below
2019 emission levels when considering both future source growth and
implementation of future controls.
In addition, EPA's 2016v2 modeling platform includes updated air
quality modeling of the contiguous United States, projecting ozone
concentrations at all air quality monitors in 2023, 2026, and 2032.\7\
That modeling incorporates the most recent updates to emissions
inventories, including on-the-books emissions reductions, and
meteorology. This modeling indicates that EPA does not project the
Louisville area to be in nonattainment of the 2015 ozone NAAQS, nor
does EPA expect the area to struggle with maintenance, in those modeled
future years. We propose to find that EPA's ozone transport air quality
modeling further supports Indiana's demonstration that the Louisville
area will continue to maintain the 2015 ozone NAAQS.
---------------------------------------------------------------------------
\7\ https://www.epa.gov/air-emissions-modeling/2016v2-platform.
---------------------------------------------------------------------------
3. Continued Air Quality Monitoring
Indiana has committed to continue to operate its ozone monitors in
the Indiana portion of the Louisville area for the duration of the
maintenance period. Indiana remains obligated to meet monitoring
requirements, to continue to quality assure monitoring data in
accordance with 40 CFR part 58, and to enter all data into the AQS in
accordance with Federal guidelines.
4. Verification of Continued Attainment
Indiana has confirmed that it has the legal authority to enforce
and implement the requirements of its SIP. Indiana has further
committed that it has the authority to implement the requested SIP
revision, which would include the maintenance plan for the Indiana
portion of the Louisville area. This includes the authority to adopt,
implement, and enforce any subsequent emission control measures
determined to be necessary to correct future ozone attainment problems.
Verification of continued attainment is accomplished through
operation of
[[Page 30138]]
the ambient ozone monitoring network and the periodic update of the
area's emissions inventory. Indiana will continue to operate the ozone
monitors located in the Indiana portion of the Louisville area. There
are no plans to discontinue operation, relocate, or otherwise change
the existing ozone monitoring network other than through revisions in
the network approved by EPA.
In addition, to track future levels of emissions, Indiana will
continue to develop and submit to EPA updated emission inventories for
all source categories at least once every three years, consistent with
the requirements of 40 CFR part 51, subpart A, and in 40 CFR 51.122.
The Consolidated Emissions Reporting Rule (CERR) was promulgated by EPA
on June 10, 2002 (67 FR 39602). The CERR was replaced by the Annual
Emissions Reporting Requirements on December 17, 2008 (73 FR 76539).
The most recent triennial inventory for Indiana was compiled for 2017.
Point source facilities covered by Indiana's emission statement
program, described below in section VII., will continue to submit VOC
and NOX emissions on an annual basis.
5. What is the contingency plan for the Indiana portion of the
Louisville area?
Section 175A of the CAA requires that the state adopt a maintenance
plan as a SIP revision that includes such contingency measures as EPA
deems necessary to assure that the state will promptly correct a
violation of the NAAQS that occurs after redesignation of the area to
attainment of the NAAQS. The maintenance plan must identify: The
contingency measures to be considered and, if needed for maintenance,
adopted and implemented; a schedule and procedure for adoption and
implementation; 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 considered, adopted, and
implemented. The maintenance plan must include a commitment that the
state will implement all measures with respect to the control of the
pollutant that were contained in the SIP before redesignation of the
area to attainment in accordance with section 175A(d) of the CAA.
As required by section 175A of the CAA, Indiana has adopted a
contingency plan for the Indiana portion of the Louisville area to
address possible future ozone air quality problems. The contingency
plan adopted by Indiana has two levels of response, a warning level
response and an action level response.
In Indiana's plan, a warning level response shall be prompted
whenever an annual (1-year) 4th high monitored value of 0.074 ppm or
greater occurs in a single ozone season or a two-year average 4th high
monitored value of 0.071 ppm or greater occurs within the maintenance
area. A warning level response will require Indiana to conduct a study.
The study would assess whether the ozone value indicates a trend toward
a higher ozone value and whether emissions appear to be increasing. The
study will evaluate whether the trend, if any, is likely to continue
and, if so, the control measures necessary to reverse the trend, taking
into account ease and timing of implementation. Any implementation of
necessary controls in response to a warning level response trigger will
occur within 12 months of the conclusion of the ozone season.
In Indiana's plan, an action level response will be triggered if a
three-year design value exceeds the level of the 2015 ozone NAAQS
(0.070 ppm). When an action level response is triggered and not found
to be due to an exceptional event, malfunction, or noncompliance with a
permit condition or rule requirement, Indiana will determine what
additional control measures are needed to ensure future attainment of
the 2015 ozone NAAQS. Control measures selected will be adopted and
implemented within 18 months from the close of the ozone season that
prompted the action level. Indiana may also consider if significant new
regulations not currently included as part of the maintenance
provisions will be implemented in a timely manner and would thus
constitute an adequate contingency measure response.
Indiana included the following list of potential contingency
measures in its maintenance plan (although Indiana is not limited to
the measures on this list):
1. A vehicle/maintenance program
2. Asphalt paving (lower VOC formation)
3. Diesel exhaust retrofits
4. Traffic flow improvements
5. Idle reduction programs
6. Portable fuel container regulation (statewide)
7. Park and ride facilities
8. Rideshare/carpool program
9. VOC cap/trade program for major stationary sources
10. NOX RACT
To qualify as a contingency measure, emissions reductions from that
measure must not be factored into the emissions projections used in the
maintenance plan.
EPA has concluded that Indiana's maintenance plan adequately
addresses the five basic components of a maintenance plan: Attainment
inventory, maintenance demonstration, monitoring network, verification
of continued attainment, and a contingency plan. In addition, as
required by section 175A(b) of the CAA, Indiana has committed to submit
to EPA an updated ozone maintenance plan eight years after
redesignation of the Indiana portion of the Louisville area to cover an
additional ten years beyond the initial 10-year maintenance period.
Thus, EPA finds that the maintenance plan SIP revision submitted by
Indiana for the Louisville area meets the requirements of section 175A
of the CAA, and EPA proposes to approve it as a revision to the Indiana
SIP.
V. Has the state adopted approvable motor vehicle emission budgets?
A. Motor Vehicle Emission Budgets
Under section 176(c) of the CAA, new transportation plans,
programs, or projects that receive Federal funding or support, such as
the construction of new highways, must ``conform'' to (i.e., be
consistent with) the SIP. Conformity to the SIP means that
transportation activities will not cause new air quality violations,
worsen existing air quality problems, or delay timely attainment of the
NAAQS or interim air quality milestones. Regulations at 40 CFR part 93
set forth EPA policy, criteria, and procedures for demonstrating and
ensuring conformity of transportation activities to a SIP.
Transportation conformity is a requirement for nonattainment and
maintenance areas.
Under the CAA, states are required to submit, at various times,
control strategy SIPs for nonattainment areas and maintenance plans for
areas seeking redesignations to attainment of the ozone standard and
maintenance areas. See the SIP requirements for the 2015 ozone standard
in EPA's December 6, 2018 implementation rule (83 FR 62998). These
control strategy SIPs (including reasonable further progress plans and
attainment plans) and maintenance plans must include budgets for
criteria pollutants, including ozone, and their precursor pollutants
(VOC and NOX) to address pollution from on-road
transportation sources. The budgets are the portion of the total
allowable emissions that are allocated to highway and transit vehicle
use that, together with emissions from other sources in the area, will
provide for attainment or maintenance. See 40 CFR 93.101.
[[Page 30139]]
Under 40 CFR part 93, budgets for an area seeking a redesignation
to attainment must be established, at minimum, for the last year of the
maintenance plan. A state may adopt budgets for other years as well.
The budgets serve as a ceiling on emissions from an area's planned
transportation system. The budgets concept is further explained in the
preamble to the November 24, 1993, Transportation Conformity Rule (58
FR 62188). The preamble also describes how to establish the budgets in
the SIP and how to revise the budgets, if needed, subsequent to
initially establishing the budgets in the SIP.
As discussed earlier, Indiana's maintenance plan includes
NOX and VOC budgets for the Indiana portion of the
Louisville area for 2019, which is the attainment year, as well as
2035, which is the last year of the maintenance period. The budgets
were developed as part of an interagency consultation process which
includes Federal, state, and local agencies. The budgets were clearly
identified and precisely quantified. These budgets, when considered
together with all other emissions sources, are consistent with
maintenance of the 2015 ozone NAAQS.
Table 5--Motor Vehicle Emission Budgets for the Louisville Area for the 2019 Attainment Year and 2035 Maintenance Year
[Tons per ozone season day]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2019 Attainment year 2035 Maintenance year
-----------------------------------------------------------------------------------------------
Projected on- Safety margin Projected on- Safety margin
road emissions allocation Total budgets road emissions allocation Total budgets
--------------------------------------------------------------------------------------------------------------------------------------------------------
NOX..................................................... 33.03 0 33.03 14.94 2.24 17.18
VOCs.................................................... 13.65 0 13.65 4.79 0.72 5.51
--------------------------------------------------------------------------------------------------------------------------------------------------------
As shown in Table 5, the 2035 budgets exceed the estimated 2035 on-
road sector emissions. In an effort to accommodate future variations in
travel demand models and vehicle miles traveled forecast, IDEM
allocated to the mobile sector a portion of the safety margin, as
described further below. Indiana has demonstrated that the Indiana
portion of the Louisville area can maintain the 2015 ozone NAAQS in the
2035 maintenance year with mobile source emissions of 17.18 tons per
ozone season day of NOX and 5.51 tons per ozone season day
of VOCs. Despite partial allocation of the safety margin, emissions
will remain under emission levels in the 2019 attainment year.
EPA is proposing to approve the budgets for use to determine
transportation conformity in the Indiana portion of the Louisville
area, because EPA has determined that the area can maintain attainment
of the 2015 ozone NAAQS for the relevant maintenance period with mobile
source emissions at the levels of the budgets.
B. What is a safety margin?
A ``safety margin'' is the difference between the attainment level
of emissions (from all sources) and the projected level of emissions
(from all sources) in the maintenance plan. As noted in Tables 3 and 4,
the emissions in the Indiana portion of the Louisville area are
projected to have safety margins of 6.85 tons per ozone season day for
NOX and 2.01 tons per ozone season day for VOC in 2035 (the
difference between emissions in the 2019 attainment year, and projected
emissions in the 2035 maintenance year, for all sources in the Indiana
portion of the Louisville area). Even if emissions exceeded projected
levels by the full amount of the safety margin, the area would still
demonstrate maintenance since emission levels would equal those in the
attainment year.
As shown in Table 5 above, Indiana is allocating a portion of that
safety margin to the mobile source sector. In 2035, Indiana is
allocating 2.24 tons per ozone season day and 0.72 tons per ozone
season day of the NOX and VOC safety margins, respectively.
Indiana is not requesting allocation to the budgets of the entire
available safety margins reflected in the demonstration of maintenance.
In fact, the amount allocated to the budgets represents only a portion
of the 2035 safety margins. Therefore, even though the State is
requesting budgets that exceed the projected on-road mobile source
emissions for 2035 contained in the demonstration of maintenance, the
increase in on-road mobile source emissions that can be considered for
transportation conformity purposes is within the safety margins of the
ozone maintenance demonstration. Further, once allocated to mobile
sources, these safety margins will not be available for use by other
sources.
VI. Base Year Emissions Inventory
As discussed above, sections 172(c)(3) and 182(a)(1) of the CAA
require areas to submit a base year emissions inventory. For the 2015
ozone NAAQS, EPA specifies that states submit ozone season day
emissions estimates for an inventory calendar year to be consistent
with the base year for RFP plans as required by 40 CFR 51.1310(b). For
the RFP base year for the 2015 ozone NAAQS under 40 CFR 51.1310(b),
states may use a calendar year for the most recently available complete
triennial emissions inventory (40 CFR 51, subpart A) preceding the year
of the area's effective date of designation as a nonattainment area (83
FR 62998).\8\ States are required to submit estimates of NOX
and VOC emissions for four general classes of anthropogenic sources:
Point sources; nonpoint sources; on-road mobile sources; and nonroad
mobile sources. In addition, states may include biogenic emissions as
well as event emissions, which are discrete and short-lived sources
such as wildfires. See the SIP requirements for the 2015 ozone standard
in EPA's December 6, 2018 implementation rule (83 FR 62998), and EPA's
2017 document ``Emissions Inventory Guidance for Implementation of
Ozone and Particulate Matter National Ambient Air Quality Standards
(NAAQS) and Regional Haze Regulations.'' \9\
---------------------------------------------------------------------------
\8\ The RFP requirements specified in CAA section 182(b)(1)
applies to all ozone nonattainment areas classified Moderate or
higher.
\9\ https://www.epa.gov/sites/default/files/2016-12/documents/2016_ei_guidance_for_naaqs.pdf.
---------------------------------------------------------------------------
In its January 21, 2021, submittal, Indiana requested that EPA
approve into its SIP an inventory addressing the emissions inventory
requirement of CAA section 182(a)(1). Indiana's SIP revision included
inventories of NOX and VOC emissions for several
nonattainment areas, including the Indiana portion of the Louisville
area, for the year 2017. At the time of its
[[Page 30140]]
submittal, data for 2017 was the most recent comprehensive, accurate,
and quality assured triennial emissions inventory in the NEI database.
The primary source for Indiana's 2017 inventory is the annual
emissions data contained in the 2017 NEI. In developing this inventory,
Indiana estimated emissions per ozone season day. To convert annual
emissions data to ozone season day values, emissions from June to
August, IDEM extracted data from EPA's 2017 Emissions modeling platform
and calculated a conversion factor for the EGU, point, nonpoint, on-
road, nonroad categories.\10\
---------------------------------------------------------------------------
\10\ https://www.epa.gov/air-emissions-modeling/2017-emissions-modeling-platform.
---------------------------------------------------------------------------
NOX and VOC emissions data for the year 2017 are shown
in Tables 6 and 7 below. Data are expressed in terms of tons per ozone
season day.
Table 6--NOX Emissions for Counties in the Indiana Portion of the Area for the 2017 Base Year
[Tons per ozone season day]
----------------------------------------------------------------------------------------------------------------
Point Nonpoint On-road Nonroad EGU Total
----------------------------------------------------------------------------------------------------------------
Indiana..................... 1.58 2.05 11.03 1.92 1.12 17.70
----------------------------------------------------------------------------------------------------------------
Table 7--VOC Emissions for Counties in the Indiana Portion of the Louisville Area for the 2017 Base Year
[Tons per ozone season day]
----------------------------------------------------------------------------------------------------------------
Point Nonpoint On-road Nonroad EGU Total
----------------------------------------------------------------------------------------------------------------
Indiana..................... 2.12 11.21 4.41 1.14 0.03 18.91
----------------------------------------------------------------------------------------------------------------
Indiana's January 21, 2021, emissions inventory submission includes
a demonstration showing that CAA section 110(l) does not prohibit
approval of this SIP revision; such a demonstration is sometimes called
an anti-backsliding demonstration. Section 110(l) provides that EPA
cannot approve a SIP revision if the revision would interfere with
attainment and maintenance of the NAAQS, reasonable further progress,
or any other applicable requirement of the CAA. IDEM is making this
submission as required by CAA sections 172(c)(3) and 182(a)(1), and
approval of the 2017 base year inventories would strengthen the Indiana
SIP and would not interfere with any applicable CAA requirement.
EPA reviewed Indiana's January 21, 2021, submittal for consistency
with sections 172(c)(3) and 182(a)(1) of the CAA, and with EPA's
emissions inventory requirements. In particular, EPA reviewed the
techniques used by IDEM to derive and quality assure the emissions
estimates. The documentation of the emissions estimation procedures is
thorough and is adequate for EPA to determine that Indiana followed
acceptable procedures to estimate the emissions. Accordingly, we
propose to conclude that Indiana has developed inventories of
NOX and VOC emissions that are comprehensive and complete.
EPA therefore proposes to approve the emissions inventory for the
Indiana portion of the Louisville area in Indiana's January 21, 2021,
submittal and shown above in Tables 6 and 7 as meeting the emissions
inventory requirements of sections 172(c)(3) and 182(a)(1) of the CAA.
In this rulemaking, EPA is only evaluating the portions of
Indiana's January 21, 2021, emissions inventory submittal relating to
the Indiana portion of the Louisville area. EPA is not evaluating
inventories relating to other nonattainment areas. Instead, EPA will
evaluate these inventories in a separate rulemaking.
VII. Emissions Statement
Section 182(a)(3)(B) of the CAA requires states to include
regulations in the SIP to require sources (source facilities) to submit
annual statements characterizing sources of NOX and VOC
emission within the source facilities and to report actual
NOX and VOC emissions for these sources. IDEM confirmed in
the January 21, 2021, submittal and September 10, 2021, supplement that
IDEM's emissions reporting rule at 326 Indiana Administrative Code
(IAC) 2-6, remains in place and adequate to meet the CAA section
182(a)(3)(B) emission statement requirement for the 2015 ozone
standard. This rule specifically requires all facilities located in
Lake, Porter, Clark, and Floyd Counties that emit greater than or equal
to 25 tons/year of NOX or VOC during the reporting year to
submit annual emissions statements.
EPA approved IDEM's emissions reporting rule, IAC 2-6, into the
Indiana SIP on June 16, 2021, 86 FR 31922, and it is currently being
implemented. The rule requires sources of NOX and VOC in
Lake, Porter, Clark, and Floyd Counties to annually report emissions if
the sources emit NOX or VOC equaling or exceeding 25 tons
per year. Therefore, IDEM's rule IAC 2-6 meet the requirements of CAA
section 182(a)(3)(B).
VIII. What action is EPA taking?
EPA is proposing to determine that the Indiana portion of the
Louisville nonattainment area is attaining the 2015 ozone NAAQS, based
on quality-assured and certified monitoring data for 2019-2021 as
presented in Indiana's February 21, 2022 submittal. EPA is proposing to
approve portions of Indiana's January 21, 2021, submittal as meeting
the base year emissions inventory and emissions statement requirements
of sections 182(a)(1) and 182(a)(3), respectively. EPA is proposing to
determine that upon final approval of Indiana's 2017 base year
emissions inventory and emission statement SIP, the area will have met
the requirements for redesignation under section 107(d)(3)(E) of the
CAA. EPA is thus proposing to change the legal designation of the
Indiana portion of the Louisville area from nonattainment to attainment
for the 2015 ozone NAAQS. EPA is also proposing to approve, as a
revision to the Indiana SIP, the state's maintenance plan for the area.
The maintenance plan is designed to keep the Indiana portion of the
Louisville area in attainment of the 2015 ozone NAAQS through 2035. EPA
finds adequate and is proposing to approve the newly-established 2035
budgets for the Louisville area.
[[Page 30141]]
IX. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, 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, the proposed actions to approve Indiana's SIP submissions
merely approves state law as meeting Federal requirements and does not
impose additional requirements beyond those imposed by state law. For
that these reasons, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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, 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 dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: May 11, 2022.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2022-10556 Filed 5-17-22; 8:45 am]
BILLING CODE 6560-50-P