Rule2024-00790
Air Plan Approval; Indiana; Lake and Porter 2008 Ozone NAAQS Maintenance Plan Revision
Primary source
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Published
January 19, 2024
Effective
March 19, 2024
Issuing agencies
Environmental Protection Agency
Abstract
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 (NO<INF>X</INF>) 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 NO<INF>X</INF> and VOC for the years 2030 and 2035. EPA is approving the allocation of a portion of the safety margins for VOC and NO<INF>X</INF> in the ozone maintenance plan to the 2030 and 2035 budgets. Total year 2030 and 2035 emissions of NO<INF>X</INF> and VOC for the area will remain below the attainment level required by the transportation conformity regulations.
Full Text
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<title>Federal Register, Volume 89 Issue 13 (Friday, January 19, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
(NO<INF>X</INF>) 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 NO<INF>X</INF> and VOC for the years 2030 and 2035. EPA is
approving the allocation of a portion of the safety margins for VOC and
NO<INF>X</INF> in the ozone maintenance plan to the 2030 and 2035
budgets. Total year 2030 and 2035 emissions of NO<INF>X</INF> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> or via email to
<a href="/cdn-cgi/l/email-protection#7f131a0c13161a5112161c171e1a133f1a0f1e51181009"><span class="__cf_email__" data-cfemail="09656c7a65606c2764606a61686c65496c7968276e667f">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. 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 <a href="https://www2.epa.gov/dockets/commenting-epa-dockets">https://www2.epa.gov/dockets/commenting-epa-dockets</a>.
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, <a href="/cdn-cgi/l/email-protection#bfdccdd6cccfdad3d391dad2d6d3c6ffdacfde91d8d0c9"><span class="__cf_email__" data-cfemail="0d6e7f647e7d6861612368606461744d687d6c236a627b">[email protected]</span></a>. 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 NO<INF>X</INF>
emissions in the year 2019 (Indiana's attainment year), to the
projected emissions of VOC and NO<INF>X</INF> 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
NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> and 1.08
tons/day of VOC and a 2035 safety margin of 11.14 tons/day of
NO<INF>X</INF> 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 NO<INF>X</INF>. 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
[[Page 3573]]
the transportation conformity regulations at 40 CFR part 93 and is
approvable.
IV. Motor Vehicle Emission Budgets
Indiana's maintenance plan includes NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> 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
NO<INF>X</INF> 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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
[[Page 3574]]
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> 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
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