
[Federal Register Volume 77, Number 208 (Friday, October 26, 2012)]
[Proposed Rules]
[Pages 65341-65346]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26384]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2012-0537; FRL-9744-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Indiana; Delaware County (Muncie), Indiana Ozone Maintenance Plan 
Revision To Approved Motor Vehicle Emissions Budgets

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve Indiana's request to revise the 
Delaware County, Indiana 1997 8-hour ozone maintenance air quality 
State Implementation Plan (SIP) by replacing the previously approved 
motor vehicle emissions budgets (budgets) with budgets developed using 
EPA's Motor Vehicle Emissions Simulator (MOVES) 2010a emissions model. 
Indiana submitted this request to EPA for parallel processing with a 
letter dated June 15, 2012, and followed up with a final submittal 
after the State public comment period ended on July 18, 2012.

DATES: Comments must be received on or before November 26, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2012-0537, 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-
2012-0537. 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

[[Page 65342]]

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. For 
additional instructions on submitting comments, go to section I of the 
SUPPLEMENTARY INFORMATION section of this document.
    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 Patricia Morris, Environmental 
Scientist, at (312) 353-8656 before visiting the Region 5 office.

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, patricia.morris@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 should I consider as I prepare my comments for EPA?
II. What action is EPA proposing to take?
III. What is the background for this action?
    a. SIP Budgets and Transportation Conformity
    b. Prior Approval of Budgets
    c. The MOVES Emissions Model and Regional Transportation 
Conformity Grace Period
    d. Submission of New Budgets Based on MOVES2010a
IV. What are the criteria for approval?
V. 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
VI. What action is EPA taking?
VII. Statutory and Executive Order Reviews

I. What should I consider as I prepare my comments for EPA?

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date, and page number).
    2. Follow directions--EPA may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information 
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    6. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    8. Make sure to submit your comments by the comment period

II. What action is EPA proposing to take?

    EPA is proposing to approve new MOVES2010a-based budgets for the 
Delaware County, Indiana 1997 8-hour ozone maintenance area. The 
Delaware County, Indiana area was redesignated to attainment of the 
1997 8-hour ozone standard effective January 3, 2006, (70 FR 69443) and 
the MOBILE6.2-based budgets were approved in that action. If EPA 
finalizes this proposed approval, the newly submitted MOVES2010a-based 
budgets will replace the existing, MOBILE6.2-based budgets in the 
State's 1997 8-hour ozone maintenance plan and must then be used in 
future transportation conformity analyses for the area. At that time, 
the previously approved MOBILE6 budgets would no longer be applicable 
for transportation conformity purposes.
    If EPA approves the MOVES2010a-based budgets, the Delaware County 
1997 8-hour ozone maintenance area must use the MOVES2010a-based 
budgets starting on the effective date of the final approval. See the 
official release of the MOVES2010 emissions model (75 FR 9411) for 
background and section III. (c) below for details.

III. What is the background for this action?

a. SIP Budgets and Transportation Conformity

    Under the Clean Air Act (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 emission control strategy SIP revisions 
(e.g., Reasonable Further Progress (RFP) and attainment demonstration 
SIP revisions) and maintenance plans include budgets of on-road mobile 
source emissions for criteria pollutants and/or their precursors to 
address pollution from cars, trucks and other on-road vehicles. These 
mobile source SIP budgets are the portions of the total emissions that 
are allocated to on-road vehicle use that, together with emissions from 
other sources in the area, will provide for attainment or maintenance 
if they are not exceeded. The budget serves as a ceiling on emissions 
from an area's planned transportation system. For more information 
about budgets, see the preamble to the November 24, 1993, 
transportation conformity rule (58 FR 62188).
    Under section 176(c) of the 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, Subpart T, and 93.
    In general, before budgets can be used in conformity 
determinations, EPA must affirmatively find the budgets adequate. 
However, budgets that are replacing approved budgets must be found 
adequate and approved before budgets can replace older budgets. If the 
submitted SIP budgets are meant to replace budgets for the same 
purpose, as is the case with Indiana's MOVES2010a 1997 8-hour ozone 
maintenance plan budgets, EPA must approve the revised SIP and budgets, 
and must affirm that they are adequate at the same time. Once EPA 
approves revised budgets into the SIP, they must be used by state and 
Federal agencies in determining whether transportation activities 
conform to the SIP as required by section 176(c) of the CAA. EPA's 
substantive criteria for determining the

[[Page 65343]]

adequacy of budgets are set out in 40 CFR 93.118(e)(4).

b. Prior Approval of Budgets

    EPA had previously approved budgets for the Delaware County, 8-hour 
ozone maintenance area for volatile organic compounds (VOCs) and 
nitrogen oxides (NOX) for the year 2015 on January 3, 2006 
(70 FR 69443). These budgets were based on EPA's MOBILE6.2 emissions 
model. The ozone maintenance plan established 2015 budgets for the 
Delaware County, Indiana area of 3.50 tons per day (tpd) for VOCs and 
4.82 tpd for NOX. These budgets demonstrated a reduction in 
emissions from the monitored attainment year and included a margin of 
safety.

c. The MOVES Emissions Model and Regional Transportation Conformity 
Grace Period

    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.
    EPA announced the release of MOVES2010 in March 2010 (75 FR 9411). 
EPA subsequently released two minor model revisions: MOVES2010a in 
September 2010 and MOVES2010b in April 2012. Both of these minor 
revisions enhance model performance and do not significantly affect the 
criteria pollutant emissions results from MOVES2010.
    MOVES will be required for new regional emissions analyses for 
transportation conformity determinations (``regional conformity 
analyses'') outside of California that begin after March 2, 2013, or 
when EPA approves MOVES-based budgets, whichever comes first.\1\ The 
MOVES grace period for regional conformity analyses applies to both the 
use of MOVES2010 and approved minor revisions (e.g., MOVES2010a and 
MOVES2010b). For more information, see EPA's ``Policy Guidance on the 
Use of MOVES2010 and Subsequent Minor Model Revisions for State 
Implementation Plan Development, Transportation Conformity, and Other 
Purposes'' (April 2012), available online at: www.epa.gov/otaq/stateresources/transconf/policy.htm#models.
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    \1\ Upon the release of MOVES2010, EPA established a two-year 
grace period before MOVES is required to be used for regional 
conformity analyses (75 FR 9411). EPA subsequently promulgated a 
final rule on February 27, 2012 to provide an additional year before 
MOVES is required for these analyses (77 FR 11394). In this case the 
grace period ends on March 2, 2013.
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    EPA has encouraged areas to examine how MOVES would affect future 
transportation plan and TIP conformity determinations so, if necessary, 
SIPs and budgets could be revised with MOVES or transportation plans 
and TIPs could be revised (as appropriate) prior to the end of the 
regional transportation conformity grace period. EPA has also 
encouraged state and local air agencies to consider how the release of 
MOVES would affect analyses supporting SIP submissions under 
development (77 FR 9411 and 77 FR 11394).
    The Delaware-Muncie Metropolitan Plan Commission (DMMPC), which is 
the Metropolitan Planning Organization (MPO) for the Delaware County 
area, has used MOVES2010a emission rates with the transportation 
network information to estimate emissions in the years of the 
transportation plan and also for the SIP. Indiana is revising the 
budgets at this time 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. Since MOVES2010 (or a minor model revision) will be 
required for conformity analyses after the grace period ends, Indiana 
has concluded that updating the budgets with MOVES2010a will prepare 
the areas for the transition to using MOVES for conformity analyses and 
determinations. 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 June 15, 2012, Indiana submitted for parallel processing 
replacement budgets based on MOVES2010a for the Delaware County area. 
Indiana provided public review and comment which ended on July 18, 
2012. There were no comments. Indiana submitted the final SIP revision 
request on August 17, 2012.
    The MOVES2010a budgets are proposed to replace the prior approved 
MOBILE6.2 budgets and are for the same year and pollutants/precursors. 
The new MOVES2010a budgets are for the year 2015 for both VOCs and 
NOX and are detailed in a Table in section V(b) of this 
notice. Indiana has also provided total emissions including mobile 
emissions based on MOVES2010a, for the attainment year of 2002, the 
interim year 2010 and the 2015 maintenance year. The total safety 
margin available in 2015 for NOX is 15.36 tpd and for VOC is 
4.76 tpd. This information is detailed in the submittal and provided in 
the following table. The safety margin is defined as the reduction in 
emissions from the base year (in this case the 2002 attainment year) to 
the final year of the maintenance plan (in this case the 2015 year). 
The total emissions include point, area, non-road and on-road mobile 
sources.

                            Table of Total Emissions With MOVES2010a Mobile Emissions
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                      Year                             2002            2010            2015        Safety margin
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VOC.............................................           26.08           21.36           21.32            4.76
NOX.............................................           26.17           15.73           10.81           15.36
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    Indiana has added only a small portion of the overall safety margin 
available for NOX and VOCs to the budgets for 2015. The 
submittal demonstrates how all emissions decline from the attainment 
year of 2002. In 2002, the total estimated NOX emissions 
from all sources (including mobile, point, area and non-road sources) 
is 26.17 tpd and the total VOC emissions, for the 2002 attainment year, 
from all sources is 26.08 tpd. The 2015 estimated emissions for total 
NOX from all sources is 10.81 tpd and the total VOC 
emissions from all sources is 21.32 tpd. This is further discussed in 
section V of this notice and detailed in the table of total emissions 
in section V. This reduction in emissions demonstrates that the area 
will continue below the attainment level of emissions and maintain the 
1997 8-hour ozone standard. The mobile source emissions, when included 
with point, area, and

[[Page 65344]]

non-road sources continue to demonstrate maintenance of the attainment 
level of emissions in the Delaware County area.
    No additional control measures were needed to maintain the 1997 
ozone standard in the Delaware County area. An appropriate safety 
margin for NOX and VOCs was decided by the interagency 
consultation group (the interagency consultation group as required by 
the state conformity agreement consists of representatives from the 
Federal Highway Administration, the Indiana Department of 
Transportation, the Indiana Department of Environmental Management 
(IDEM), and EPA). The allocation of safety margin is included in Table 
5.2-A of the Indiana submittal. The on-road MOVES2010a based budgets 
are in Table 5.2-A of the submittal and are listed as 7.02 tpd for 
NOX and 2.53 tpd for VOCs in the year 2015. These budgets 
will continue to keep emissions in the Delaware County area below the 
calculated attainment year of emissions.

IV. 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). States that revise their existing SIPs to include MOVES 
budgets must therefore show that the SIP continues to meet applicable 
requirements with the new level of motor vehicle emissions contained in 
the budgets. The SIP must also meet any applicable SIP requirements 
under CAA section 110.
    In addition, the transportation conformity rule (at 40 CFR 
93.118(e)(4)(iv)) requires that ``the budgets, when considered together 
with all other emissions sources, is consistent with applicable 
requirements for RFP, attainment, or maintenance (whichever is relevant 
to the given implementation plan submission).'' This and the other 
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.
    In addition, 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 of the SIP. For example, the first 
criterion could be satisfied by demonstrating that the emissions 
reductions between the baseline/attainment year and maintenance year 
are the same or greater using MOVES than they were previously. The 
Indiana submittal meets this requirement as described below in section 
V.
    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.

V. What is EPA's analysis of the State's submittal?

a. The Revised Inventories

    The Indiana SIP revision request for Delaware County 1997 ozone 
maintenance seeks to revise only the on-road mobile source inventories 
and not the non-road inventories, area source inventories or point 
source inventories for the 2015 year for which the SIP revises the 
budgets. IDEM has certified that the control strategies remain the same 
as in the original SIP, and that no other control strategies are 
necessary. This is confirmed by the monitoring data for Delaware 
County, which continues to monitor attainment for the 1997 8-hour ozone 
standard. The area is also monitoring attainment for the 2008 8-hour 
ozone standard. Thus, the current control strategies are continuing to 
keep the area in attainment of the NAAQS.
    EPA has reviewed the emission estimates for point, area and non-
road sources and concluded that no major changes to the projections 
need to be made. Indiana finds that growth and control strategy 
assumptions for non-mobile sources (i.e., area, non-road, and point) 
have not changed significantly from the original submittal for the 
years 2002, 2010, and 2015. As a result, the growth and control 
strategy assumptions for the non-mobile sources for the years 2002, 
2010, and 2015 continue to be valid and do not affect the overall 
conclusions of the plan.
    Indiana's submission confirms that the SIP continues to demonstrate 
its purpose of maintaining the 1997 ozone standard because the 
emissions are continuing to decrease from the attainment year to the 
final year of the maintenance plan. The total emissions in the revised 
SIP (which includes MOVES2010a emissions from mobile sources) are 26.17 
tpd for NOX and 26.08 tpd for VOCs in the 2002 attainment 
year. The total emissions from all sources in the 2015 year are 10.81 
tpd for NOX and 21.32 tpd for VOCs. These totals demonstrate 
that emissions in the Delaware County area are continuing to decline 
and remain below the attainment levels.
    Indiana has submitted MOVES2010a-based budgets for the Delaware 
County area that are clearly identified in Table 5.2-A of the 
submittal. The on-road budgets for 2015 are 7.02 tpd for NOX 
and 2.53 tpd for VOCs. These are the budgets that are being proposed 
for approval.

b. Approvability of the MOVES2010a-based Budgets

    EPA is proposing to approve the MOVES2010a-based budgets submitted 
by the State for use in determining transportation conformity in the 
Delaware County 1997 ozone maintenance area. EPA is making this 
proposal based on our evaluation of these budgets 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. EPA has determined, based 
on its evaluation, that the area's maintenance plan would continue to 
serve its intended purpose with the submitted MOVES2010a-based budgets 
and that the budgets themselves meet the adequacy criteria in the 
conformity rule at 40 CFR 93.118(e)(4).
    The adequacy criteria found in 40 CFR 93.118(e)(4) are as follows:
     The submitted SIP was endorsed by [the Governor/Governor's 
designee] and was subject to a state public hearing (Sec.  
93.118(e)(4)(i));
     Before the control strategy implementation plan was 
submitted to EPA, consultation among Federal, state, and local agencies 
occurred, and the state fully documented the submittal (Sec.  
93.118(e)(4)(ii));
     The budgets are clearly identified and precisely 
quantified (Sec.  93.118(e)(4)(iii));
     The budgets, when considered together with all other 
emissions sources, are consistent with applicable requirements for RFP, 
attainment, or maintenance (Sec.  93.118(e)(4)(iv));
     The budgets are consistent with and clearly related to the 
emissions inventory and control measures in the control strategy 
implementation plan (Sec.  93.118(e)(4)(v); and
     The revisions explain and document changes to the previous 
budgets, impacts on point and area source emissions and changes to 
established safety margins and reasons for the changes (including the 
basis for any changes related to emission factors

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or vehicle miles traveled) (Sec.  93.118(e)(4)(vi).
    We find that Indiana has met all of the adequacy criteria. The 
final submittal is dated August 17, 2012, and signed by the governor's 
designee. All public hearing materials were submitted with the formal 
SIP revision request. The interagency consultation group, which is 
composed of the state air agency, state Department of Transportation, 
Federal Highway Administration, EPA, and the MPO for the area, has 
discussed and reviewed the budgets developed with MOVES2010a and the 
safety margin allocation. The budgets are clearly identified and 
precisely quantified in the submittal in table 5.2-A. The budgets when 
considered with other emissions sources (point, area, non-road) 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 MPO and contractor to provide accurate, timely information and 
inputs to the MOVES2010a model runs. The DMMPC network model provided 
the vehicle miles of travel and other necessary data from the travel 
demand network model.
    The CAA requires that revisions to existing SIPs and budgets 
continue to meet applicable requirements (in this case, maintenance). 
Therefore, states that revise existing SIPs with MOVES must show that 
the SIP continues to meet applicable requirements with the new level of 
motor vehicle emissions calculated by the new model.
    To that end, Indiana's submitted MOVES2010a budgets meet EPA's two 
criteria for revising budgets without revising the entire SIP:
    (1) The SIP continues to meet applicable requirements when the 
previous motor vehicle emissions inventories are replaced with 
MOVES2010a 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 of the SIP.
    The State has documented that growth and control strategy 
assumptions continue to be valid and do not change the overall 
conclusions of the maintenance plan. The emission estimates for point, 
area and non-road sources have not changed. Indiana finds that growth 
and control strategy assumptions for non-mobile sources (i.e. area, 
non-road, and point) from the original submittal for the years 2002, 
2010, 2015 were developed before the down-turn in the economy over the 
last several years. Because of this, the factors included in the 
original submittal may project more growth than actual into the future. 
As a result, the growth and control strategy assumptions for the non-
mobile sources for the years 2002, 2010, and 2015 continue to be valid 
and do not affect the overall conclusions of the plan.
    Indiana's submission confirms that the SIP continues to demonstrate 
its purpose of maintaining the 1997 ozone standard because the 
emissions are continuing to decrease from the attainment year to the 
final year of the maintenance plan. The total emissions in the revised 
SIP (which includes MOVES2010a emissions for mobile sources) decrease 
from the 2002 attainment year to the year 2015 (the last year of the 
maintenance plan). These totals demonstrate that emissions in the 
Delaware County area are continuing to decline and remain below the 
attainment levels. The table below, displays total emissions in the 
Delaware County area including point, area, non-road, and mobile 
sources and demonstrates the declining emissions from the 2002 
attainment year.

        Table of Total Emissions With MOVES2010a Mobile Emissions
------------------------------------------------------------------------
                     Year                        2002     2010     2015
------------------------------------------------------------------------
VOC..........................................    26.08    21.36    21.32
NOX..........................................    26.17    15.73    10.81
------------------------------------------------------------------------

    The following table displays the submitted budgets that are 
proposed in the notice to be approved. The budgets include an 
appropriate margin of safety while still maintaining total emissions 
below the attainment level.

Table of Motor Vehicle Emission Budgets (MOVES) Delaware County, Indiana
                              for Year 2015
------------------------------------------------------------------------
 
------------------------------------------------------------------------
VOC (tpd).......................................................    2.53
NOX (tpd).......................................................    7.02
------------------------------------------------------------------------

    Based on our review of the SIP and the new budgets provided, 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

    Pursuant to the State's request, EPA is proposing that, if 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 upon the effective date of that final approval.
    In addition, once EPA approves the MOVES2010a-based budgets, the 
regional transportation conformity grace period for using MOBILE6 
instead of MOVES2010 (and subsequent minor revisions) for the 
pollutants included in these budgets will end for the Delaware County 
ozone maintenance area on the effective date of that final approval.\2\
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    \2\ For more information, see EPA's ``Policy Guidance on the Use 
of MOVES2010 and Subsequent Minor Revisions for State Implementation 
Plan Development, Transportation Conformity, and Other Purposes'' 
(April 2012).
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VI. What action is EPA taking?

    EPA is proposing in this action that the Delaware County, Indiana 
existing approved budgets for VOCs and NOX for 2015 for the 
1997 8-hour ozone maintenance plan, that were based on the MOBILE6.2 
emissions model, be replaced with new budgets based on the MOVES2010a 
emissions model. Once this proposal is finalized, future transportation 
conformity determinations would use the new, MOVES2010a-based budgets 
and would no longer use the existing MOBILE6.2-based budgets. EPA is 
also proposing to find that the Delaware County area's maintenance plan 
would continue to meet its requirements as set forth under the CAA when 
these new budgets are included.

VII. 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

[[Page 65346]]

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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen oxides, Ozone, 
Volatile organic compounds.

    Dated: October 12, 2012.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2012-26384 Filed 10-25-12; 8:45 am]
BILLING CODE 6560-50-P


