[Federal Register Volume 89, Number 13 (Friday, January 19, 2024)]
[Rules and Regulations]
[Pages 3571-3574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00790]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2023-0482; FRL-11618-02-R5]


Air Plan Approval; Indiana; Lake and Porter 2008 Ozone NAAQS 
Maintenance Plan Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
Indiana's September 21, 2023, state implementation plan (SIP) 
submission which revises the 2008 ozone maintenance plan for the 
Indiana portion (Lake and Porter Counties) of the Chicago Naperville, 
IL-IN-WI area (Chicago Naperville area). This SIP submission updates 
onroad vehicle emissions inventories for oxides of nitrogen 
(NOX) and volatile organic compounds (VOC) for the years 
2019, 2030 and 2035. In addition to updated emissions inventories, this 
SIP submission updates the Motor Vehicle Emissions Budgets (budgets) 
for NOX and VOC for the years 2030 and 2035. EPA is 
approving the allocation of a portion of the safety margins for VOC and 
NOX in the ozone maintenance plan to the 2030 and 2035 
budgets. Total year 2030 and 2035 emissions of NOX and VOC 
for the area will remain below the attainment level required by the 
transportation conformity regulations.

DATES: This direct final rule will be effective March 19, 2024, unless 
EPA receives adverse comments by February 20, 2024. If adverse comments 
are received, EPA will publish a timely withdrawal of the direct final 
rule in the Federal Register informing the public that the rule will 
not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2023-0482 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: Emily Crispell, Control Strategies 
Section, Air Programs Branch (AR-18J), Environmental Protection Agency, 
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 
353-8512, [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. Background

    On May 20, 2022 (87 FR 30821), EPA determined that the Chicago 
Naperville area was attaining the 2008 ozone National Ambient Air 
Quality Standard (NAAQS), based on quality-assured and certified 
monitoring data for 2019-2021, and changed the legal designation of the 
Indiana portion from nonattainment to attainment for the 2008 ozone 
NAAQS, effective May 20, 2022. At that time, EPA also approved 
Indiana's maintenance plan for the area along with 2030 and 2035 
budgets to keep the Indiana portion of the Chicago

[[Page 3572]]

Naperville area in attainment of the 2008 ozone NAAQS through 2035.
    Budgets are the projected levels of controlled emissions from the 
transportation sector (mobile sources) that are estimated in the SIP to 
provide for maintenance of the ozone standard. The transportation 
conformity rule (40 CFR part 93, subpart A) allows the budgets to be 
changed as long as the total level of emissions from all sources 
remains below the attainment levels.
    On September 21, 2023, the Indiana Department of Environmental 
Management (IDEM) submitted a request to update the state's maintenance 
plan to include revised emissions inventories and motor vehicle 
emissions budgets that reflect updated EPA Motor Vehicle Emission 
Simulator (MOVES3) modeling and increased onroad vehicle emission 
rates.

II. Emissions Inventory

    Indiana updated its MOVES3 inputs for the Indiana portion of the 
Chicago Naperville maintenance area for the 2008 ozone NAAQS. This has 
resulted in slightly higher emissions rates and more accurate onroad 
emissions estimates for the 2019 attainment level emissions, 2030 
interim year emission projections, and 2035 maintenance year emission 
projections. The revised onroad emissions inventories for Lake and 
Porter counties were calculated using EPA's MOVES3 model-produced 
emission factors and data extracted from the area's travel-demand 
model. Table 1 shows Indiana's onroad emissions for Lake and Porter 
Counties for the years 2019, 2030, and 2035 which were approved by EPA 
on May 20, 2022 (87 FR 30821). Table 2 shows Indiana's revised onroad 
emissions for Lake and Porter Counties for the years 2019, 2030, and 
2035 based on updated MOVES3 modeling.

     Table 1--Lake and Porter Counties 2019 Attainment Year, 2030 Projected Interim Year, and 2035 Projected
                             Maintenance Year Onroad NOX and VOC Emission Inventory
                                              [Tons per summer day]
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                                                                              2030 Projected     2035 Projected
                                                          2019 Attainment      interim year     maintenance year
                       Pollutant                           year emissions    emissions (tons/   emissions (tons/
                                                             (tons/day)            day)               day)
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NOX....................................................               9.48               4.55               4.77
VOC....................................................               3.51               2.03               1.82
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 Table 2--Revised Lake and Porter Counties 2019 Attainment Year, 2030 Projected Interim Year, and 2035 Projected
                          Maintenance Year Onroad NOX and VOC MOVES3 Emission Inventory
                                              [Tons per summer day]
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                                                                              2030 Projected     2035 Projected
                                                          2019 Attainment      interim year     maintenance year
                       Pollutant                           year emissions    emissions (tons/   emissions (tons/
                                                             (tons/day)            day)               day)
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NOX....................................................               9.99               5.44               5.08
VOC....................................................               3.50               2.06               2.42
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III. Safety Margin

    A ``safety margin,'' as defined in the transportation conformity 
rule (40 CFR part 93, subpart A), is the amount by which the total 
projected emissions from all sources of a given pollutant are less than 
the total emissions that would satisfy the applicable requirement for 
reasonable further progress, attainment, or maintenance. The attainment 
level of emissions is the level of emissions during one of the years in 
which the area met the NAAQS. Table 3 gives detailed information on the 
safety margin for the Indiana portion of the Chicago-Naperville, IL-IN-
WI area. Table 3 includes a comparison of the VOC and NOX 
emissions in the year 2019 (Indiana's attainment year), to the 
projected emissions of VOC and NOX in the years 2030 and 
2035. The difference between the projected emissions in the year 2035 
and the actual emissions in the year 2019 is referred to as the 
``safety margin'' or the amount of excess emission reductions.

                     Table 3--Safety Margin for Chicago's 2008 8-Hour Ozone Maintenance Plan
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                                                   2030 Projected                  2035 Projected
                                 2019 Attainment    interim year     2030 Safety  maintenance year   2035 Safety
           Pollutant             year emissions   emissions (tons/  margin (tons/ emissions (tons/  margin (tons/
                                   (tons/day)           day)            day)            day)            day)
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NOX...........................             88.53             78.80          9.73             76.37         12.16
VOC...........................             37.33             35.84          1.49             36.19          1.14
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    Indiana has requested the allocation of 1.09 tons/day of the 
NOX and 0.41 tons/day of VOC from the safety margins to the 
2030 budgets. Additionally, Indiana has requested the allocation of 
1.02 tons/day of the NOX and 0.48 tons/day of VOC from the 
safety margins to the 2035 budgets. The revised maintenance plan will 
have a 2030 safety margin of 8.64 tons/day of NOX and 1.08 
tons/day of VOC and a 2035 safety margin of 11.14 tons/day of 
NOX and 0.66 tons/day of VOC. The 2030 and the 2035 
projected emissions, even with this allocation, will be below the 2019 
attainment year emissions for both VOC and NOX. For this 
reason, EPA finds that the allocation of the safety margins to the 2030 
and 2035 budget for the Indiana portion of Chicago Naperville, IL-IN-WI 
area meets the requirements of

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the transportation conformity regulations at 40 CFR part 93 and is 
approvable.

IV. Motor Vehicle Emission Budgets

    Indiana's maintenance plan includes NOX and VOC budgets 
for the Indiana portion of the Chicago Naperville area for 2030 and 
2035, an interim year and the last year of the maintenance period, 
respectively. 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 2008 ozone NAAQS.
    This action changes the budgets for mobile sources. The maintenance 
plan is designed to provide for future growth while still maintaining 
the ozone NAAQS. Growth in industries, population, and traffic is 
offset by reductions from cleaner cars and other emission reduction 
programs. Through the maintenance plan, the state and local agencies 
can manage and maintain clean air quality while providing for growth.
    In its submittal, Indiana requested to allocate a portion of the 
safely margins for NOX and VOC to the 2030 and 2035 budgets. 
Table 4 and 5 detail the updated budgets for the 2008 ozone maintenance 
plan for the Indiana portion of the Chicago Naperville, IL-IN-WI area. 
Table 4 and 5 also show the revised projected onroad emissions, the 
amount of excess emission reductions or safety margin to be allocated 
into the new budgets, and the new budgets for NOX and VOC.

  Table 4--Revised 2030 Motor Vehicle Emissions Budgets for the Indiana Portion of the Chicago Naperville Area
                            2008 Ozone Maintenance Plan in Tons per Ozone Season Day
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                                                            Revised 2030      Safety margin
                       Pollutant                          onroad emissions  allocation (tons/  Revised 2030 MVEB
                                                             (tons/day)            day)            (tons/day)
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NOX....................................................               5.44               1.09               6.53
VOC....................................................               2.06               0.41               2.47
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  Table 5--Revised 2035 Motor Vehicle Emissions Budgets for the Indiana Portion of the Chicago Naperville Area
                            2008 Ozone Maintenance Plan in Tons per Ozone Season Day
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                                                            Revised 2035      Safety margin
                       Pollutant                          onroad emissions  allocation (tons/  Revised 2035 MVEB
                                                             (tons/day)            day)            (tons/day)
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NOX....................................................               5.08               1.02               6.10
VOC....................................................               2.42               0.48               2.90
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V. What action is EPA taking?

    EPA is approving revisions to the 2008 ozone maintenance plan for 
the Indiana portion of the Chicago-Naperville, IL-IN-WI area. The 
revisions will change the onroad emissions inventory for VOC and 
NOX for the years 2019, 2030, and 2035. The revisions will 
also change the budgets that are used for transportation conformity 
purposes. The revisions will keep the total emissions for the area at 
or below the attainment level required by law. This action will allow 
State or local agencies to continue to maintain air quality while 
providing for transportation growth.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the state plan if relevant adverse 
written comments are filed. This rule will be effective March 19, 2024 
without further notice unless we receive relevant adverse written 
comments by February 20, 2024. If we receive such comments, we will 
withdraw this action before the effective date by publishing a 
subsequent document that will withdraw the final action. All public 
comments received will then be addressed in a subsequent final rule 
based on the proposed action. EPA will not institute a second comment 
period. Any parties interested in commenting on this action should do 
so at this time. Please note that if EPA receives adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, EPA may adopt as final those 
provisions of the rule that are not the subject of an adverse comment. 
If we do not receive any comments, this action will be effective March 
19, 2024.

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act (CAA), the Administrator is required to 
approve a SIP submission that complies with the provisions of the CAA 
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. Accordingly, 
this action merely approves state law as meeting Federal requirements 
and does not impose additional requirements beyond those imposed by 
state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993), and 14094 (88 FR 21879, April 11, 2023);
     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 subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a state program;

[[Page 3574]]

     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     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.
    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).
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.'' The Indiana 
Department of Environmental Management did not evaluate environmental 
justice considerations as part of its SIP submittal; the CAA and 
applicable implementing regulations neither prohibit nor require such 
an evaluation. EPA did not perform an EJ analysis and did not consider 
EJ in this action. Consideration of EJ is not required as part of this 
action, and there is no information in the record inconsistent with the 
stated goal of E.O. 12898 of achieving environmental justice for people 
of color, low-income populations, and Indigenous peoples.
    This action is subject to the Congressional Review Act, and EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by March 19, 2024. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of this Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: January 10, 2024.
Debra Shore,
Regional Administrator, Region 5.

    For the reasons stated in the preamble, title 40 CFR part 52 is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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


0
2. In Sec.  52 .770, the table in paragraph (e) is amended by revising 
the entry for ``Lake and Porter Counties 2008 8-hour Ozone Maintenance 
Plan'' to read as follows:


Sec.  52.770  Identification of plan.

* * * * *
    (e) * * *

                       EPA-Approved Indiana Nonregulatory and Quasi-Regulatory Provisions
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                 Title                     Indiana date          EPA approval                 Explanation
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Lake and Porter Counties 2008 8-hour          9/21/2023   1/19/2024, [INSERT FEDERAL  Updated Onroad Emissions
 Ozone Maintenance Plan.                                   REGISTER CITATION].         Inventory and Motor
                                                                                       Vehicle Emissions
                                                                                       Budgets.
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[FR Doc. 2024-00790 Filed 1-18-24; 8:45 am]
BILLING CODE 6560-50-P