[Federal Register Volume 78, Number 94 (Wednesday, May 15, 2013)]
[Rules and Regulations]
[Pages 28503-28507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11456]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2013-0021 and EPA-R05-OAR-2013-0022: FRL-9812-4]
Approval and Promulgation of Air Quality Implementation Plans;
Indiana; Lake and Porter Counties, Indiana, 1997 8-Hour Ozone
Maintenance Plan and 1997 Annual Fine Particulate Matter Maintenance
Plan Revision to Approved Motor Vehicle Emissions Budgets
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving Indiana's request to revise the Lake and
Porter Counties State Implementation Plans (SIPs) for the 1997 8-hour
ozone standard, and the 1997 annual fine particulate matter
(PM2.5) standard to replace the previously approved motor
vehicle emissions budgets (budgets) with budgets developed using EPA's
Motor Vehicle Emissions Simulator (MOVES) 2010a emissions model. The
Indiana Department of Environmental Management (IDEM) submitted these
requests to EPA with submittal letters dated February 1, 2013.
DATES: This direct final rule will be effective July 15, 2013, unless
EPA receives adverse comments by June 14, 2013. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the rule will not
take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2013-0021 and EPA-R05-OAR-0022, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: [email protected].
3. Fax: (312) 692-2450.
4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley, Chief, Control Strategies
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal
holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2013-0021 for ozone or EPA-R05-OAR-0022 for PM2.5. EPA's
policy is that all comments received will be included in the public
docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact
[[Page 28504]]
you for clarification, EPA may not be able to consider your comment.
Electronic files should avoid the use of special characters, any form
of encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.
We recommend that you telephone Anthony Maietta, Environmental
Protection Specialist, at (312) 353-8777 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental
Protection Specialist, Control Strategies Section, Air Programs Branch
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-8777,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What is EPA approving?
II. What is the background for this action?
a. SIP Budgets and Transportation Conformity
b. Prior Approval of Budgets
c. The MOVES Emissions Model
d. Submission of New Budgets Based on MOVES2010a
III. What are the criteria for approval?
IV. What is EPA's analysis of the State's submittal?
a. The Revised Inventories
b. Approvability of the MOVES2010a-Based Budgets
c. Applicability of MOBILE6.2-Based Budgets
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews
I. What is EPA approving?
EPA is approving new MOVES2010a-based budgets for the Lake and
Porter County, Indiana 1997 8-hour ozone maintenance area and the 1997
annual PM2.5 maintenance area that will replace MOBILE-based
budgets in the SIP. The Lake and Porter County, Indiana area was
redesignated to attainment of the 1997 8-hour ozone standard effective
May 11, 2010 (75 FR 26113). The Lake and Porter County, Indiana area
was redesignated to attainment of the 1997 annual PM2.5
standard effective February 6, 2012 (76 FR 76302). MOBILE6.2-based
budgets were approved in those actions. Upon the effective date of
approval of the MOVES-based budgets, they must then be used in future
transportation conformity analyses for the area as required by section
176(c) of the CAA. See the official release of the MOVES2010 emissions
model (75 FR 9411-9414) for background and section II.(c) below for
details.
II. What is the Background for this action?
a. SIP Budgets and Transportation Conformity
Under the CAA, states are required to submit, at various times,
control strategy SIP revisions and maintenance plans for nonattainment
and maintenance areas for a given National Ambient Air Quality Standard
(NAAQS). These SIP revisions and maintenance plans include budgets of
on-road mobile source emissions for criteria pollutants and/or their
precursors. Transportation plans and projects ``conform'' to (i.e., are
consistent with) the SIP when they will not cause or contribute to air
quality violations, delay timely attainment of the NAAQS, or delay an
interim milestone.
b. Prior Approval of Budgets
EPA previously approved MOBILE6.2-based volatile organic compounds
(VOC) and nitrogen oxides (NOX) budgets for the Lake and
Porter County 8-hour ozone maintenance area, as well as NOX
and direct PM budgets for the Lake and Porter County 1997 annual
PM2.5 nonattainment area. The ozone maintenance plan
established 2010 and 2020 budgets for the area that demonstrated a
reduction in emissions from the monitored attainment year and included
a margin of safety. The PM2.5 maintenance plan established
budgets for 2025 for the area.
c. The MOVES Emissions Model
The MOVES model is EPA's state-of-the-art tool for estimating
highway emissions. EPA announced the release of MOVES2010 in March 2010
(75 FR 9411). Use of the MOVES model is required for regional emissions
analyses for transportation conformity determinations outside of
California that begin after March 2, 2013.
MOVES2010a was used to estimate emissions in the same milestone
years as the original budgets in the SIP. IDEM is revising the budgets
using the latest planning assumptions including population and
employment updates. In addition, newer vehicle registration data has
been used to update the age distribution of the vehicle fleet. Updating
the budgets with MOVES2010a allows the area to continue to show
conformity to the SIP in plans, transportation improvement programs,
and projects. The interagency consultation group has had extensive
consultation on the requirements and need for new budgets.
d. Submission of New Budgets Based on MOVES2010a
On February 1, 2013, IDEM submitted replacement budgets based on
MOVES2010a for the Lake and Porter County area. IDEM provided public
review and comment for these budgets, which ended on January 25, 2013.
There were no comments.
IDEM has also provided total emissions, including mobile emissions
based on MOVES2010a, for the attainment year of 2006, the interim year
2010 and the 2020 maintenance year (as shown in table 1). The combined
emissions reduction for each pollutant is the reduction in emissions
from the base year (in this case the 2006 attainment year) to the final
year of the maintenance plan (in this case the 2020 year). The total
emissions include point, area, non-road and on-road mobile sources.
Table 1--Ozone--Total Emissions With MOVES2010a Mobile Emissions
[Tons per day]
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Combined
emissions
Year 2006 2010 2020 reduction
(2006-2020)
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VOC............................................. 85.90 75.08 69.70 16.20
[[Page 28505]]
NOX............................................. 213.41 192.84 159.58 53.83
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IDEM has added only a small portion of the combined emissions
reduction available for use in NOX and VOC budgets for 2010
and 2020. As shown in table 1, the submittal demonstrates that the
area's emissions decline from the attainment year of 2006 to maintain
the 1997 8-hour ozone standard.
No additional control measures were needed to maintain the 1997
ozone standard in the Lake and Porter County area. An appropriate
safety margin for NOX and VOCs was selected by the
interagency consultation group, which consists of representatives from
the Federal Highway Administration, the Indiana Department of
Transportation, IDEM, and EPA. The on-road MOVES2010a based budgets for
ozone are listed in table 2.
Table 2--Ozone--Motor Vehicle Emission Budgets (MOVES) for the Lake and
Porter County, Indiana, Area in Tons per Day
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Year 2010 2020
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VOC..................................... 13.99 5.99
NOX..................................... 47.26 16.69
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IDEM has also provided total emissions, including mobile emissions
based on MOVES2010a, for the attainment year of 2008, the interim year
2015 and the 2025 maintenance year, as shown in table 3.
Table 3--Fine Particulate Matter--Total Emissions With MOVES2010a Mobile Emissions
[Tons per year]
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Combined
emissions
Year 2008 2015 2020 2025 reduction
(2008-2025)
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PM2.5........................... 9,052.67 7,246.52 7,074.03 6,810.83 2241.84
NOX............................. 64,053.36 45,189.97 42,528.83 37,237.39 26,815.97
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Indiana has added only a small portion of the combined emissions
reduction available for use in NOX and PM2.5
budgets for 2015 and 2025. As shown in table 3, the reduction in
emissions between 2008 and 2025 demonstrates that the area will
continue to maintain the 1997 annual PM2.5 standard.
No additional control measures were needed to maintain the 1997
annual PM2.5 standard in the Lake and Porter County area. An
appropriate safety margin for NOX and PM2.5 was
decided by the interagency consultation group. The on-road MOVES2010a
based budgets are shown in table 4.
Table 4--PM2.5--Motor Vehicle Emission Budgets (MOVES) for Lake and
Porter County, Indiana in Tons per Year
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Year 2015 2025
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PM2.5................................... 374.30 188.73
NOX..................................... 10,486.08 5,472.34
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III. What are the Criteria for approval?
EPA requires that revisions to existing SIPs and budgets continue
to meet applicable requirements (e.g., RFP, attainment, or
maintenance). The SIP must also meet any applicable SIP requirements
under CAA section 110. In addition, adequacy criteria found at 40 CFR
93.118(e)(4) must be satisfied before EPA can find submitted budgets
adequate and approve them for conformity purposes.
Areas can revise their budgets and inventories using MOVES without
revising their entire SIP if: (1) The SIP continues to meet applicable
requirements when the previous motor vehicle emissions inventories are
replaced with MOVES base year and milestone, attainment, or maintenance
year inventories; and (2) the state can document that growth and
control strategy assumptions for non-motor vehicle sources continue to
be valid and any minor updates do not change the overall conclusions
underlying the SIP. The Indiana submittals meet this requirement as
described below in the next section.
For more information, see EPA's latest ``Policy Guidance on the Use
of MOVES2010 for SIP Development, Transportation Conformity, and Other
Purposes'' (April 2012), available online at: www.epa.gov/otaq/stateresources/transconf/policy.htm#models.
IV. What Is EPA's analysis of the State's submittal?
a. The Revised Inventories
The February 1, 2013, SIP revision requests for the Lake and Porter
County 1997 ozone maintenance area and the 1997 annual PM2.5
area seek to revise only the on-road mobile source inventories. IDEM
has certified that the control strategies remain the same as in the
original SIP, and that no other control strategies are necessary. IDEM
also finds that growth and control strategy assumptions for sources
other than on-road have not changed significantly from the original
submittal. This is confirmed by the monitoring data for the Lake and
Porter County area, which continues to monitor attainment for the 1997
8-hour ozone
[[Page 28506]]
standard and the 1997 annual PM2.5 standard.
b. Approvability of the MOVES2010a-Based Budgets
EPA evaluated the MOVES-based budgets submitted on February 1,
2013, using the adequacy criteria found in 40 CFR 93.118(e)(4) and our
in-depth evaluation of the state's submittal and SIP requirements.
Before submitting the revised budgets, Indiana followed all necessary
conformity procedures. The budgets are clearly identified and precisely
quantified in the submittal. The budgets, when considered with other
emissions sources, are consistent with continued maintenance of the
1997 ozone standard. The budgets are clearly related to the emissions
inventory and control measures in the SIP. The changes from the
previous budgets are clearly explained with the change in the model
from MOBILE6.2 to MOVES2010a and the revised and updated planning
assumptions. The inputs to the model are detailed in the Appendix to
the submittal. EPA has reviewed the inputs to the MOVES2010a modeling
and participated in the consultation process. The Federal Highway
Administration--Indiana Division and the Indiana Department of
Transportation have taken a lead role in working with the Northwestern
Indiana Regional Planning Commission to provide accurate, timely
information and inputs to the MOVES2010a model runs. The state has
documented that growth and control strategy assumptions for non-motor
vehicle sources (i.e. area, non-road, and point) continue to be valid
and any minor updates do not change the overall conclusions of the SIP.
IDEM's submission confirms that the SIP continues to demonstrate
maintenance of the 1997 ozone standard and annual PM2.5
standard because the total emissions in the revised SIP (including
MOVES2010a emissions for mobile sources) decrease from the attainment
year to the last year of the maintenance plan, as shown in tables 1 and
3. The budgets include an appropriate margin of safety while still
maintaining total emissions below the attainment level.
Based on our review of the February 1, 2013, submittal, EPA has
determined that the SIP will continue to meet its requirements if the
revised motor vehicle emissions inventories are replaced with
MOVES2010a inventories.
c. Applicability of MOBILE6.2-Based Budgets
When we finalize the approval of the revised budgets, the state's
existing MOBILE6.2-based budgets will no longer be applicable for
transportation conformity purposes.
V. What action is EPA taking?
EPA is approving MOVES2010a-based budgets for the Lake and Porter
County, Indiana 1997 8-hour ozone maintenance area and 1997 annual
PM2.5 maintenance area as submitted on February 1, 2013. We
are publishing this action without prior proposal because we view this
as a noncontroversial amendment and anticipate no adverse comments.
However, in the proposed rules section of this Federal Register
publication, we are publishing a separate document that will serve as
the proposal to approve the state plan if relevant adverse written
comments are filed. This rule will be effective July 15, 2013 without
further notice unless we receive relevant adverse written comments by
June 14, 2013. 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 July 15, 2013.
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
[[Page 28507]]
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 July 15, 2013. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: April 30, 2013.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. The table in Sec. 52.770 paragraph (e) is amended by adding entries
in alphabetical order for ``Lake and Porter Counties 1997 8-hour ozone
maintenance plan'' and ``Lake and Porter Counties 1997 annual
PM2.5 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 1997 8- February 1, 2013................ May 15, 2013, Revision to motor
hour ozone maintenance plan. [INSERT PAGE NUMBER vehicle emission
WHERE THE DOCUMENT budgets.
BEGINS].
Lake and Porter Counties 1997 February 1, 2013................ May 15, 2013, Revision to motor
annual PM2.5 maintenance plan. [INSERT PAGE NUMBER vehicle emission
WHERE THE DOCUMENT budgets.
BEGINS].
* * * * * * *
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0
3. In Sec. 52.776, revise paragraph (v)(4) to read as follows:
Sec. 52.776 Control strategy: Particulate atter.
* * * * *
(v) * * *
(4) Approval--On February 1, 2013, Indiana submitted a request to
revise the motor vehicle emission budgets (budgets) in the 1997 annual
PM2.5 maintenance plan for the Lake and Porter County,
Indiana maintenance area. The budgets are being revised with budgets
developed with the MOVES2010a model. The 2015 motor vehicle emissions
budgets for Lake and Porter County, Indiana are 347.30 tpy
PM2.5 and 10,486.08 tpy NOX. The 2025 motor
vehicle emissions budgets for the Lake and Porter County area are
188.73 tpy PM2.5 and 5,472.34 tpy for NOX.
* * * * *
0
4. In Sec. 52.777, paragraph (pp) is amended by redesignating the
existing text as paragraph (pp)(1) and by adding paragraph (pp)(2) to
read as follows:
Sec. 52.777 Control Strategy: photochemical oxidants. (hydrocarbons).
* * * * *
(pp)(1) * * *
(2) Approval--On February 1, 2013, Indiana submitted a request to
revise the motor vehicle emission budgets (budgets) in the 1997 8-hour
ozone maintenance plan for the Lake and Porter County, Indiana
maintenance area. The budgets are being revised with budgets developed
with the MOVES2010a model. The 2010 motor vehicle emissions budgets for
Lake and Porter County, Indiana are 13.99 tpd VOC and 47.26 tpd
NOX. The 2020 motor vehicle emissions budgets for the Lake
and Porter County area are 5.99 tpd VOC and 16.69 tpd for
NOX.
* * * * *
[FR Doc. 2013-11456 Filed 5-14-13; 8:45 am]
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