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Approval and Promulgation of Air Quality Implementation Plans; Indiana; South Bend/Elkhart, Indiana Ozone Maintenance Plan Revision to Approved Motor Vehicle Emissions Budgets

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Approval and Promulgation of Air Quality Implementation Plans; Indiana; South Bend/Elkhart, Indiana Ozone Maintenance Plan Revision to Approved Motor Vehicle Emissions Budgets

Susan Hedman
Environmental Protection Agency
December 17, 2012

[Federal Register Volume 77, Number 242 (Monday, December 17, 2012)]
[Rules and Regulations]
[Pages 74590-74592]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30107]

[[Page 74590]]



40 CFR Part 52

[EPA-R05-OAR-2012-0536; FRL-9761-1]

Approval and Promulgation of Air Quality Implementation Plans; 
Indiana; South Bend/Elkhart, Indiana Ozone Maintenance Plan Revision to 
Approved Motor Vehicle Emissions Budgets

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.


SUMMARY: EPA is approving Indiana's request to revise the South Bend/
Elkhart, Indiana 1997 8-hour ozone maintenance state air quality 
implementation plan (SIP) by replacing the previously approved motor 
vehicle emissions budgets (budgets) with budgets developed using EPA's 
Motor Vehicle Emissions Simulator (MOVES) emissions model. EPA proposed 
approval on October 4, 2012, and did not receive any public comments on 
the proposal.

DATES: This final rule is effective on January 16, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2012-0536. All documents in the docket are listed on 
the www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
electronically through 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 Patricia Morris, 
Environmental Scientist, at (312) 353-8656 before visiting the Region 5 

FOR FURTHER INFORMATION CONTACT: Patricia Morris, Environmental 
Scientist, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-8656, morris.patricia@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 the background for this action?
    II. What public comments were received?
    III. What action is EPA taking?
    IV. Statutory and Executive Order Reviews

I. What is the background for this action?

    On June 15, 2012, Indiana submitted to EPA replacement budgets 
based on MOVES2010a for the South Bend/Elkhart, Indiana area. This SIP 
revision, if approved, would replace MOBILE6.2-based approved budgets 
in the 1997 8-hour ozone maintenance plan for South Bend/Elkhart, 
Indiana with MOVES2010a-based budgets. Indiana supplemented the SIP 
revision request on August 17, 2012. The August 17, 2012, submittal 
letter with the state public comment documentation completed the 
requirements for the SIP submittal. On October 4, 2012, EPA proposed to 
approve the Indiana SIP revision request (see 77 FR 60661). Additional 
explanatory information is contained in EPA's October 4, 2012, 
    Under section 176(c) of the Clean Air Act (CAA), transportation 
plans, Transportation Improvement Programs (TIPs), and transportation 
projects must ``conform'' to (i.e., be consistent with) the SIP before 
they can be adopted or approved. Conformity to the SIP means that 
transportation activities will not cause new air quality violations, 
worsen existing air quality violations, or delay timely attainment of 
the NAAQS or delay an interim milestone. The transportation conformity 
regulations can be found at 40 CFR parts 51 and 93. The South Bend/
Elkhart area must use the updated budgets to demonstrate transportation 
conformity. On the effective date of EPA's approval of the submitted 
budgets, the budgets must be used by local, state and Federal agencies 
in determining whether transportation activities conform to the SIP as 
required by section 176(c) of the CAA.
    The MOVES model is EPA's state-of-the-art tool for estimating 
highway emissions. The model is based on analyses of millions of 
emission test results and considerable advances in the agency's 
understanding of vehicle emissions. MOVES incorporates the latest 
emissions data, more sophisticated calculation algorithms, increased 
user flexibility, new software design, and significant new capabilities 
relative to those reflected in MOBILE6.2.
    States that revise their existing SIPs to include MOVES budgets 
must show that the SIP continues to meet applicable requirements with 
the new level of motor vehicle emissions contained in the budgets. The 
transportation conformity rule (40 CFR 93.118(e)(4)(iv)) requires that 
``the motor vehicle emissions budget(s), when considered together with 
all other emissions sources, is consistent with applicable requirements 
for reasonable further progress, attainment, or maintenance (whichever 
is relevant to the given implementation plan submission).''
    EPA has determined, based on its evaluation, that the area's 
maintenance plan continues to serve its intended purpose with the 
MOVES2010a-based budgets and that the budgets themselves meet the 
adequacy criteria in the conformity rule at 40 CFR 93.118(e)(4). The 
basis for this conclusion is contained in the proposed approval (77 FR 

II. What public comments were received?

    The State public comment period on the proposal ended on July 18, 
2012. The State offered to hold a public hearing on request but one was 
not requested. The State received no public comments during the comment 
    EPA had a 30 day public comment period on the proposed approval. 
The public comment period closed on November 5, 2012. EPA received no 
comments during the public comment period.

III. What action is EPA taking?

    EPA is approving new MOVES2010a-based budgets for the South Bend/
Elkhart, Indiana 1997 ozone maintenance area because the submitted 
budgets should continue to keep emissions below the attainment level 
and maintain air quality. On the effective date of this rulemaking, the 
submitted MOVES2010a-based budgets will replace the existing, 
MOBILE6.2-based budgets in the State's 1997 8-hour ozone maintenance 
plan and will be used in future transportation conformity analyses for 
the area. The previously approved MOBILE6.2-based budgets will no 
longer be applicable for transportation conformity purposes. The table 
below contains the MOVES2010a-based budgets for the South Bend/Elkhart, 
Indiana area which are being approved in this action.

[[Page 74591]]

     Motor Vehicle Emission Budgets for South Bend/Elkhart, Indiana
                     [MOVES-based onroad emissions]
                              Year                                 2020
Nitrogen oxides tons/day........................................   13.95
Volatile organic compounds tons/day.............................    6.73

IV. 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. 
    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 February 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. 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 dioxides, Ozone, 
Volatile organic compounds.

    Dated: November 29, 2012.
Susan Hedman,
Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:


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

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

2. The table in Sec.  52.770 paragraph (e) is amended by adding an 
entry in alphabetical order for ``South Bend-Elkhart 1997 8-hour ozone 
maintenance plan'' to read as follows:

Sec.  52.770  Identification of plan.

* * * * *
    (e) * * *

                       EPA-Approved Indiana Nonregulatory and Quasi-Regulatory Provisions
                Title                        Indiana date             EPA approval             Explanation
                                                  * * * * * * *
South Bend-Elkhart 1997 8-hour ozone   .......................  12/17/12, [INSERT PAGE   Revision to motor
 maintenance plan.                                               NUMBER WHERE THE         vehicle emission
                                                                 DOCUMENT BEGINS].        budgets.
                                                  * * * * * * *

3. Section 52.777 is amended by redesignating paragraph (hh) as 
paragraph (hh)(1), and by adding paragraph (hh)(2) to read as follows

Sec.  52.777  Control Strategy: Photochemical oxidants (hydrocarbons).

* * * * *
    (hh)(1) * * *
    (2) Approval--On August 17, 2012, Indiana submitted a request to 
revise the approved MOBILE6.2 motor vehicle emission budgets (budgets) 
in the 1997 8-hour ozone maintenance plan for the South Bend/Elkhart, 
Indiana area. The budgets are being revised with budgets developed with 
the MOVES2010a model. The 2020 budgets for South Bend/Elkhart, Indiana 
are 6.73 tons per

[[Page 74592]]

day volatile organic compounds (VOCs) and 13.95 tons per day nitrogen 
oxides (NOX).
* * * * *
[FR Doc. 2012-30107 Filed 12-14-12; 8:45 am]

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