Approval and Promulgation of Air Quality Implementation Plans; Indiana; Evansville Area; 1997 Annual Fine Particulate Matter Maintenance Plan Revision to Approved Motor Vehicle Emissions Budgets |
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Susan Hedman
Environmental Protection Agency
March 19, 2014
[Federal Register Volume 79, Number 53 (Wednesday, March 19, 2014)]
[Rules and Regulations]
[Pages 15224-15227]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05903]
[[Page 15224]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2013-0415; FRL 9908-16-Region 5]
Approval and Promulgation of Air Quality Implementation Plans;
Indiana; Evansville Area; 1997 Annual Fine Particulate Matter
Maintenance Plan Revision to Approved Motor Vehicle Emissions Budgets
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a
request by Indiana to revise the 1997 annual fine particulate matter
(PM2.5) maintenance air quality state implementation plan
(SIP) for the Evansville/Southwestern Indiana Area to replace onroad
emissions inventories and motor vehicle emissions budgets (budgets)
with inventories and budgets developed using EPA's Motor Vehicle
Emissions Simulator (MOVES) emissions model. Indiana submitted the SIP
revision request for the Evansville Area on July 2, 2013.
DATES: This direct final rule is effective May 19, 2014, unless EPA
receives adverse comments by April 18, 2014. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the rule will not
take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2013-0415, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: blakley.pamela@epa.gov
3. Fax: (312) 692-2450.
4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley, Chief, Control Strategies
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal
holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2013-0415. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.
We recommend that you telephone Anthony Maietta, Environmental
Protection Specialist, at (312) 353-8777 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental
Protection Specialist, Control Strategies Section, Air Programs Branch
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-8777,
maietta.anthony@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What is EPA approving?
II. What is the background for this action?
a. SIP Budgets and Transportation Conformity
b. Prior Approval of Budgets
c. The MOVES Emissions Model
d. Submission of MOVES2010a-Based Inventories
III. What are the criteria for approval?
IV. What is EPA's analysis of the state's submittal?
a. The Revised Inventories
b. Approvability of the MOVES2010a-Based Budgets
c. Applicability of MOBILE6.2-Based Budgets
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews
I. What is EPA approving?
EPA is approving new MOVES2010a-based onroad emissions inventories
and budgets for the Evansville, Indiana 1997 annual PM2.5
maintenance area that will replace MOBILE6.2-based inventories and
budgets in the SIP. The Evansville, Indiana area is comprised of
Dubois, Vanderburgh, and Warrick Counties, Montgomery Township in
Gibson County, Ohio Township in Spencer County, and Washington Township
in Pike County. The area was redesignated to attainment of the 1997
annual PM2.5 standard, effective on October 27, 2011 (76 FR
59527). MOBILE6.2-based onroad emissions inventories and budgets were
approved in that action. Upon effective date of approval of the
MOVES2010a-based budgets, they must be used in future transportation
conformity analyses for the area as required by section 176(c) of the
Clean Air Act (CAA). See the official release of the MOVES2010
emissions model (75 FR 9411-9414) for background, and section II.c.
below for details.
II. What is the background for this action?
a. SIP Budgets and Transportation Conformity
Under the CAA, states are required to submit control strategy SIP
revisions and maintenance plans for nonattainment and maintenance areas
for a given national ambient air quality standard (NAAQS). These SIP
revisions and maintenance plans include budgets of onroad mobile source
emissions for criteria pollutants and/or their precursors.
Transportation plans and projects ``conform'' to (i.e., are consistent
with) the SIP when they will
[[Page 15225]]
not cause or contribute to air quality violations, or delay timely
attainment of the NAAQS or an interim milestone.
b. Prior Approval of Budgets
On September 27, 2011 (76 FR 59527), EPA approved MOBILE6.2-based
budgets for the Evansville 1997 annual PM2.5 maintenance
area for direct emissions of PM2.5 and emissions of its
precursor pollutant, nitrogen oxides (NOX). The Evansville
area's PM2.5 maintenance plan established 2015 and 2022
budgets. These budgets demonstrated a reduction in emissions from the
monitored attainment year.
c. The MOVES Emissions Model
The MOVES model is EPA's state of the art tool for estimating
highway emissions. EPA announced the release of MOVES2010 in March 2010
(75 FR 9411). Use of the MOVES model is required for regional emissions
analyses for transportation conformity determinations outside of
California that begin after March 2, 2013.
The MOVES model was used to estimate emissions in the areas for the
same milestone years as the original onroad emissions inventories and
budgets in the SIP. The Indiana Department of Environmental Management
(IDEM) is revising the onroad emissions inventories and budgets using
the latest planning assumptions, including population and employment
updates. In addition, newer vehicle registration data have been used to
update the age distribution of the vehicle fleets. Since future
demonstrations of conformity will use emissions estimates derived with
MOVES, it is appropriate to establish benchmarks based on MOVES. The
interagency consultation groups for these areas have had extensive
consultation on the requirements and need for new budgets.
d. Submission of MOVES2010a-Based Inventories
Indiana submitted onroad inventories to EPA based on MOVES2010a
that cover the Evansville, Indiana area on July 2, 2013. During the
state public comment period, Indiana did not receive any comments on
its submittal.
The new MOVES2010a-based budgets taken from these inventories are
for the years 2015 and 2020 for both PM2.5 and
NOX. The budgets for these areas are detailed later in this
notice.
Table 1--Total Onroad PM2.5 Emissions With MOVES2010a Mobile Emissions in Evansville, Indiana
[Tons per day]
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2022
Sector 2005 Attainment 2015 Interim Maintenance
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Onroad....................................................... 440.28 199.93 100.45
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Table 2--Total NOX Emissions With MOVES2010a Mobile Emissions in Evansville, Indiana
[Tons per day]
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2022
Sector 2005 Attainment 2015 Interim Maintenance
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Onroad....................................................... 12,336.71 5,642.95 3,173.08
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As shown in tables 1 and 2, the submittal demonstrates that onroad
emissions decrease considerably between the attainment year and the
maintenance year. The submittal demonstrates that the MOVES2010a-based
onroad emissions' rate of decline is greater than the rate of decline
of the originally approved MOBILE6.2-based onroad emissions. No
additional control measures were needed to maintain the 1997 annual
PM2.5 standard in the Evansville area.
III. What are the criteria for approval?
EPA requires that revisions to existing SIPs and budgets continue
to meet applicable requirements (e.g., reasonable further progress,
attainment, or maintenance). The SIP must also meet any applicable SIP
requirements under CAA section 110. In addition, adequacy criteria
found at 40 CFR 93.118(e)(4) must be satisfied before EPA can find
submitted budgets adequate and approve them for conformity purposes.
States can revise their budgets and inventories for specific areas
using MOVES without revising their entire SIP if (1) the SIP continues
to meet applicable requirements when the previous motor vehicle
emissions inventories are replaced with MOVES base year and milestone,
attainment, or maintenance year inventories, and (2) the state can
document that growth and control strategy assumptions for non-motor
vehicle sources continue to be valid and any minor updates do not
change the overall effectiveness of the SIP. The submittal meets this
requirement as described below in the next section.
For more information, see EPA's latest ``Policy Guidance on the Use
of MOVES2010 for SIP Development, Transportation Conformity, and Other
Purposes'' (April 2012), available online at: www.epa.gov/otaq/stateresources/transconf/policy.htm# models.
IV. What is EPA's analysis of the state's submittal?
a. The Revised Inventories
The SIP revision request for the area's 1997 annual
PM2.5 maintenance plan seeks to revise only the onroad
mobile source inventories. IDEM has certified that the control
strategies for the area remain the same as in the original SIP, and
that no other control strategies are necessary. IDEM has determined
that growth and control strategy assumptions for non-mobile sources
(i.e., area, nonroad, and point) have not changed significantly from
the original submittal. This is corroborated by the monitoring data for
the area, which continue to monitor attainment for the 1997 annual
PM2.5 standard. IDEM's submittal confirms that in the
revised SIP, onroad emissions in the area continue to decline and
remain below the attainment levels.
Indiana has submitted budgets taken from the MOVES 2010a-based
onroad inventories for the Evansville area. The revised budgets are
displayed in table 3.
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Table 3--Motor Vehicle Emission Budgets (MOVES) for the Evansville,
Indiana 1997 PM2.5 Area in Tons per Year
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Year 2015 2022
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PM2.5................................... 199.93 100.45
NOX..................................... 5,642.95 3,173.08
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b. Approvability of the MOVES2010a-Based Budgets
EPA is approving the MOVES2010a-based budgets submitted by Indiana
for use in determining transportation conformity in the Evansville,
Indiana 1997 annual PM2.5 maintenance area. EPA evaluated
the MOVES2010a-based budgets using the adequacy criteria found in 40
CFR 93.118(e)(4) and SIP requirements.
Before submitting the revised budgets, IDEM followed all necessary
conformity procedures. The budgets are clearly identified and precisely
quantified in the submittal. The budgets, when considered with other
emissions sources, are consistent with continued maintenance of the
1997 annual PM2.5 standard. The budgets are clearly related
to the emissions inventories and control measures in the SIP. The
changes from the previous budgets are clearly explained with the change
in the model from MOBILE6.2 to MOVES2010a and the revised and updated
planning assumptions. The inputs to the model are detailed in the
Appendices to the submittal. EPA has reviewed the inputs to the
MOVES2010a modeling and participated in the consultation process. The
Federal Highway Administration and the Indiana Department of
Transportation have taken a lead role in working with the area's
metropolitan planning organization to provide accurate, timely
information and inputs to the MOVES2010a model runs. The state has
documented that growth and control strategy assumptions for non-motor
vehicle sources (i.e. area, nonroad, and point) continue to be valid
and any minor updates do not change the overall conclusions of the SIP.
Indiana's submittal confirms that the SIP continues to demonstrate
maintenance of the 1997 annual PM2.5 standard, and onroad
NOX and PM2.5 emissions in the revised SIP
continue to decrease from the attainment year to the final year of the
maintenance plan for the area, as shown in tables 1 and 2.
c. Applicability of MOBILE6.2-Based Budgets
Upon the effective date of the approval of the revised budgets, the
state's existing MOBILE6.2-based budgets for the area will no longer be
applicable for transportation conformity purposes.
V. What action is EPA taking?
EPA is approving the onroad mobile source emissions inventories and
budgets for the Evansville, Indiana 1997 annual PM2.5
maintenance plan, as submitted on July 2, 2013. We are publishing this
action without prior proposal because we view this as a
noncontroversial amendment and anticipate no adverse comments. However,
in the proposed rules section of this Federal Register publication, we
are publishing a separate document that will serve as the proposal to
approve the state plan if relevant adverse written comments are filed.
This rule will be effective May 19, 2014 without further notice unless
we receive relevant adverse written comments by April 18, 2014. If we
receive such comments, we will withdraw this action before the
effective date by publishing a subsequent document that will withdraw
the final action. All public comments received will then be addressed
in a subsequent final rule based on the proposed action. EPA will not
institute a second comment period. Any parties interested in commenting
on this action should do so at this time. Please note that if EPA
receives adverse comment on an amendment, paragraph, or section of this
rule and if that provision may be severed from the remainder of the
rule, EPA may adopt as final those provisions of the rule that are not
the subject of an adverse comment. If we do not receive any comments,
this action will be effective May 19, 2014.
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States
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Court of Appeals for the appropriate circuit by May 19, 2014. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter.
Dated: March 4, 2014.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR Part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
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2. In Sec. 52.770 the table in paragraph (e) is amended by adding a
new entry in alphabetical order for ``Evansville/Southwest Indiana Area
1997 annual fine particulate matter maintenance plan'' to read as
follows:
Sec. 52.770 Identification of plan.
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(e) * * *
EPA-Approved Indiana Nonregulatory and Quasi-Regulatory Provisions
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Title Indiana date EPA Approval Explanation
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* * * * * * *
Evansville/Southwest Indiana Area ................. 03/19/14, [INSERT PAGE Revision to motor vehicle
1997 annual fine particulate NUMBER WHERE THE DOCUMENT emission budgets.
matter maintenance plan. BEGINS].
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0
3. Section 52.776 is amended by adding paragraph (v)(5) to read as
follows:
Sec. 52.776 Control Strategy: Particulate matter.
* * * * *
(v) * * *
(5) Approval--On July 2, 2013 Indiana submitted a request to revise
the approved MOBILE6.2 motor vehicle emission budgets (budgets) in the
1997 annual fine particulate matter maintenance plan for the Evansville
maintenance area. The budgets are being revised with budgets developed
with the MOVES2010a model. The 2015 motor vehicle emissions budgets are
199.93 tpy PM2.5 and 5,642.95 tpy NOX. The 2022
motor vehicle emissions budgets are 100.45 tpy PM2.5 and
3,173 tpy NOX.
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[FR Doc. 2014-05903 Filed 3-18-14; 8:45 am]
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