[Federal Register Volume 85, Number 76 (Monday, April 20, 2020)]
[Proposed Rules]
[Pages 21797-21811]
[FR Doc No: 2020-08031]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2020-0125; FRL-10007-91-Region 5]

Air Plan Approval; Indiana; Lake and Porter Counties
Redesignation to Attainment of the 2008 Ozone Standard and Section
182(f) NOX RACT Waiver

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to find
that the Chicago-Naperville, IL-IN-WI area (Chicago Area) is attaining
the 2008 ozone National Ambient Air Quality Standard (NAAQS or
standard) and to approve a request from the Indiana Department of
Environmental Management (IDEM or Indiana) to redesignate the Indiana
portion of the Chicago area to attainment for the 2008 ozone NAAQS
because the request meets the statutory requirements for redesignation
under the Clean Air Act (CAA). The Indiana portion of the Chicago 2008
ozone area consists of Lake and Porter Counties in Northwest Indiana.
Indiana submitted this request on February 27, 2020. EPA is also
proposing to approve, as a revision to the Indiana State Implementation
Plan (SIP), the State's plan for maintaining the 2008 ozone NAAQS
through 2030 in the Chicago area. EPA is also proposing to approve a
waiver, for the Indiana portion of the Chicago area (Lake and Porter
Counties), from the oxides of nitrogen (NOX) requirements of
section 182(f) of the CAA. Finally, EPA finds adequate and is proposing
to approve Indiana's 2025 and 2030 volatile organic compound (VOC) and
oxides of nitrogen (NOX) Motor Vehicle Emission Budgets
(MVEBs) for the Indiana portion of the Chicago area (Lake and Porter
Counties).

DATES: Comments must be received on or before May 20, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2020-0125 at http://www.regulations.gov or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Katie Mullen, Environmental Engineer,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
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 proposing?
II. What is the background for these actions?
III. What are the criteria for redesignation?
IV. What is EPA's analysis of Indiana's redesignation request?
V. Has the state adopted approvable motor vehicle emission budgets?
VI. Section 182(f) NOX Exemption
VII. Proposed Actions
VIII. Statutory and Executive Order Reviews

I. What is EPA proposing?

    EPA is proposing to take several related actions. EPA is proposing
to determine that the Chicago-Naperville, IL-IN-WI area (Chicago Area)
is attaining the 2008 ozone NAAQS, based on quality-assured and
certified monitoring data for 2017-2019 and that the Indiana portion of
the Chicago area (Lake and Porter Counties) has met the requirements
for redesignation under section 107(d)(3)(E) of the CAA. EPA is
proposing to change the legal designation of the Indiana portion of the
Chicago area from nonattainment to attainment for the 2008 ozone NAAQS.
EPA is also proposing to approve, as a revision to the Indiana SIP, the
state's maintenance plan (such approval being one of the CAA criteria
for redesignation to attainment status) for the area. The maintenance
plan is designed to keep the Chicago area in attainment of the 2008
ozone NAAQS through 2030. Finally, EPA finds adequate and is proposing
to approve the newly-established 2025 and 2030 MVEBs for the Indiana
portion of the Chicago area (Lake and Porter Counties).

II. What is the background for these actions?

    EPA has determined that ground-level ozone is detrimental to human
health. On March 27, 2008, EPA promulgated a revised 8-hour ozone NAAQS
of 0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008).
Under EPA's regulations at 40 CFR part 50, the 2008 ozone NAAQS is
attained in an area when the 3-year average of the annual fourth
highest daily maximum 8-hour average concentration is equal to or less
than 0.075 ppm, when truncated after the thousandth decimal place, at
all of the ozone monitoring sites in the area. See 40 CFR 50.15 and
appendix P to 40 CFR part 50.
    Upon promulgation of a new or revised NAAQS, section 107(d)(1)(B)
of the CAA requires EPA to designate as nonattainment any areas that
are violating the NAAQS, based on the most recent 3 years of quality
assured ozone monitoring data. The Chicago area was originally
designated as a marginal nonattainment area for the 2008 ozone NAAQS on
May 31, 2012 (77 FR 34221), effective July 20, 2012. EPA reclassified
the Chicago area from marginal to moderate nonattainment on April 11,
2016 (81 FR 26697), effective June 3, 2016. The Chicago area was again
reclassified to serious on August 7, 2019 (84 FR 44238), effective
September 23, 2019.

III. What are the criteria for redesignation?

    Section 107(d)(3)(E) of the CAA allows redesignation of an area to
attainment of the NAAQS provided that: (1) The Administrator (EPA)
determines that the area has attained the NAAQS; (2) the Administrator
has fully approved the applicable implementation plan for the area
under section 110(k) of the CAA; (3) the Administrator determines that
the improvement in air quality is due to permanent and enforceable
reductions in emissions resulting from

implementation of the applicable SIP, applicable Federal air pollutant
control regulations, and other permanent and enforceable emission
reductions; (4) the Administrator has fully approved a maintenance plan
for the area as meeting the requirements of section 175A of the CAA;
and (5) the state containing the area has met all requirements
applicable to the area for the purposes of redesignation under section
110 and part D of the CAA.
    On April 16, 1992, EPA provided guidance on redesignations in the
General Preamble for the Implementation of Title I of the CAA
Amendments of 1990 (57 FR 13498) and supplemented this guidance on
April 28, 1992 (57 FR 18070). EPA has provided further guidance on
processing redesignation requests in the following documents:

    1. ``Ozone and Carbon Monoxide Design Value Calculations,''
Memorandum from Bill Laxton, Director, Technical Support Division,
June 18, 1990;
    2. ``Maintenance Plans for Redesignation of Ozone and Carbon
Monoxide Nonattainment Areas,'' Memorandum from G.T. Helms, Chief,
Ozone/Carbon Monoxide Programs Branch, April 30, 1992;
    3. ``Contingency Measures for Ozone and Carbon Monoxide (CO)
Redesignations,'' Memorandum from G.T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, June 1, 1992;
    4. ``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992 (the ``Calcagni
Memorandum'');
    5. ``State Implementation Plan (SIP) Actions Submitted in
Response to Clean Air Act (CAA) Deadlines,'' Memorandum from John
Calcagni, Director, Air Quality Management Division, October 28,
1992;
    6. ``Technical Support Documents (TSDs) for Redesignation of
Ozone and Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum
from G.T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch,
August 17, 1993;
    7. ``State Implementation Plan (SIP) Requirements for Areas
Submitting Requests for Redesignation to Attainment of the Ozone and
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS)
On or After November 15, 1992,'' Memorandum from Michael H. Shapiro,
Acting Assistant Administrator for Air and Radiation, September 17,
1993;
    8. ``Use of Actual Emissions in Maintenance Demonstrations for
Ozone and CO Nonattainment Areas,'' Memorandum from D. Kent Berry,
Acting Director, Air Quality Management Division, November 30, 1993;
    9. ``Part D New Source Review (Part D NSR) Requirements for
Areas Requesting Redesignation to Attainment,'' Memorandum from Mary
D. Nichols, Assistant Administrator for Air and Radiation, October
14, 1994; and
    10. ``Reasonable Further Progress, Attainment Demonstration, and
Related Requirements for Ozone Nonattainment Areas Meeting the Ozone
National Ambient Air Quality Standard,'' Memorandum from John S.
Seitz, Director, Office of Air Quality Planning and Standards, May
10, 1995.

IV. What is EPA's analysis of Indiana's redesignation request?

A. Has the Chicago area attained the 2008 ozone NAAQS?

    For redesignation of a nonattainment area to attainment, the CAA
requires EPA to determine that the entire Chicago-Naperville, IL-IN-WI
2008 ozone area has attained the applicable NAAQS (CAA section
107(d)(3)(E)(i)). An area is attaining the 2008 ozone NAAQS if it meets
the 2008 ozone NAAQS, as determined in accordance with 40 CFR 50.15 and
appendix U of part 50, based on 3 complete, consecutive calendar years
of quality-assured air quality data for all monitoring sites in the
area. To attain the NAAQS, the 3-year average of the annual fourth-
highest daily maximum 8-hour average ozone concentrations (ozone design
values) at each monitor must not exceed 0.075 ppm. The air quality data
must be collected and quality-assured in accordance with 40 CFR part 58
and recorded in EPA's Air Quality System (AQS). Ambient air quality
monitoring data for the 3-year period must also meet data completeness
requirements. An ozone design value is valid if daily maximum 8-hour
average concentrations are available for at least 90 percent of the
days within the ozone monitoring seasons,\1\ on average, for the 3-year
period, with a minimum data completeness of 75 percent during the ozone
monitoring season of any year during the 3-year period. See section 4
of appendix U to 40 CFR part 50.
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    \1\ The ozone season is defined by state in 40 CFR 58 appendix
D. The ozone season for Indiana is March-October. See, 80 FR 65292,
65466-67 (October 26, 2015).
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    EPA has reviewed the available ozone monitoring data from
monitoring sites in the Chicago-Naperville, IL-IN-WI 2008 ozone area
for the 2017-2019 period. These data have been quality assured, are
recorded in the AQS, and have been certified. These data demonstrate
that the Chicago area is attaining the 2008 ozone NAAQS. The annual
fourth-highest 8-hour ozone concentrations and the 3-year average of
these concentrations (monitoring site ozone design values) for each
monitoring site are summarized in Table 1.

   Table 1--Annual Fourth High Daily Maximum 8-Hour Ozone Concentrations and 3-Year Average of the Fourth High
         Daily Maximum 8-Hour Ozone Concentrations for the Chicago-Naperville, IL-IN-WI 2008 Ozone Area
                                                      [ppm]
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                                                                       Year                           Average
             Site                    County      ---------------------------------------------------------------
                                                       2017            2018            2019          2017-2019
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                                                    Wisconsin
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55-059-0019...................  Kenosha.........           0.079           0.079           0.067           0.075
55-059-0025...................  Kenosha.........           0.076           0.080           0.063           0.073
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                                                    Illinois
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17-031-0001...................  Cook............           0.078           0.079           0.070           0.075
17-031-0032...................  Cook............           0.074           0.076           0.071           0.073
17-031-0076...................  Cook............           0.078           0.074           0.065           0.072
17-031-1003...................  Cook............           0.060           0.073           0.069           0.067
17-031-1601...................  Cook............           0.070           0.068           0.068           0.068
17-031-3103...................  Cook............           0.061           0.065           0.064           0.063
17-031-4002...................  Cook............           0.068           0.072           0.064           0.068

17-031-4007...................  Cook............           0.071           0.075           0.066           0.070
17-031-4201...................  Cook............           0.070           0.083           0.069           0.074
17-031-7002...................  Cook............           0.073           0.084           0.069           0.075
17-043-6001...................  DuPage..........           0.069           0.071           0.070           0.070
17-089-0005...................  Kane............           0.069           0.072           0.071           0.070
17-097-1007...................  Lake............           0.074           0.074           0.066           0.071
17-111-0001...................  McHenry.........           0.070           0.074           0.070           0.071
17-197-1011...................  Will............           0.068           0.071           0.060           0.066
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                                                     Indiana
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18-089-0022...................  Lake............           0.070           0.071           0.065           0.068
18-089-2008...................  Lake............           0.069           0.062           0.065           0.065
18-127-0024...................  Porter..........           0.072           0.071           0.068           0.070
18-127-0026...................  Porter..........           0.077           0.071           0.071           0.073
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    The Chicago area's 3-year ozone design value for 2017-2019 is 0.075
ppm,\2\ which meets the 2008 ozone NAAQS. Therefore, in this action,
EPA proposes to determine that the Chicago area is attaining the 2008
ozone NAAQS.
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    \2\ The monitor ozone design value for the monitor with the
highest 3-year averaged concentration.
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    EPA will not take final action to determine that the Chicago area
is attaining the NAAQS nor to approve the redesignation of the Indiana
portion of the Chicago area if the design value of a monitoring site in
the area violates the NAAQS after proposal but prior to final approval
of the redesignation. As discussed in section IV.D.3. below, Indiana
has committed to continue monitoring ozone in this area to verify
maintenance of the 2008 ozone NAAQS.

B. Has Indiana met all applicable requirements of section 110 and part
D of the CAA for the Indiana portion of the Chicago area, and does
Indiana have a fully approved SIP for the area under section 110(k) of
the CAA?

    As criteria for redesignation of an area from nonattainment to
attainment of a NAAQS, the CAA requires EPA to determine that the state
has met all applicable requirements under section 110 and part D of
title I of the CAA (see section 107(d)(3)(E)(v) of the CAA). In
addition, with the exception of the section 182(f) NOX
exemption, the state has a fully approved SIP under section 110(k) of
the CAA (see section 107(d)(3)(E)(ii) of the CAA). EPA finds that
Indiana has met all applicable SIP requirements, for purposes of
redesignation, under section 110 and part D of title I of the CAA
(requirements specific to nonattainment areas for the 2008 ozone
NAAQS). Additionally, EPA finds that all applicable requirements of the
Indiana SIP for the area have been fully approved under section 110(k)
of the CAA. In making these determinations, EPA ascertained which CAA
requirements are applicable to the Indiana portion of the Chicago area,
if applicable, whether the required Indiana SIP elements are fully
approved under section 110(k) and part D of the CAA. As discussed more
fully below, SIPs must be fully approved only with respect to currently
applicable requirements of the CAA.
    The September 4, 1992 Calcagni memorandum describes EPA's
interpretation of section 107(d)(3)(E) of the CAA. Under this
interpretation, a state and the area it wishes to redesignate must meet
the relevant CAA requirements that are due prior to the state's
submittal of a complete redesignation request for the area. See also
the September 17, 1993, Michael Shapiro memorandum and 60 FR 12459,
12465-66 (March 7, 1995) (redesignation of Detroit-Ann Arbor, Michigan
to attainment of the 1-hour ozone NAAQS). Applicable requirements of
the CAA that come due subsequent to the state's submittal of a complete
request remain applicable until a redesignation to attainment is
approved but are not required as a prerequisite to redesignation. See
section 175A(c) of the CAA. Sierra Club v. EPA, 375 F.3d 537 (7th Cir.
2004). See also 68 FR 25424, 25427 (May 12, 2003) (redesignation of the
St. Louis/East St. Louis area to attainment of the 1-hour ozone NAAQS).
1. Indiana Has Met All Applicable Requirements of Section 110 and Part
D of the CAA Applicable to the Indiana Portion of the Chicago Area for
Purposes of Redesignation
a. Section 110 General Requirements for Implementation Plans
    Section 110(a)(2) of the CAA delineates the general requirements
for a SIP. Section 110(a)(2) provides that the SIP must have been
adopted by the state after reasonable public notice and hearing, and
that, among other things, it must: (1) Include enforceable emission
limitations and other control measures, means or techniques necessary
to meet the requirements of the CAA; (2) provide for establishment and
operation of appropriate devices, methods, systems and procedures
necessary to monitor ambient air quality; (3) provide for
implementation of a source permit program to regulate the modification
and construction of stationary sources within the areas covered by the
plan; (4) include provisions for the implementation of part C
prevention of significant deterioration (PSD) and part D new source
review (NSR) permit programs; (5) include provisions for stationary
source emission control measures, monitoring, and reporting; (6)
include provisions for air quality modeling; and, (7) provide for
public and local agency participation in planning and emission control
rule development.
    Section 110(a)(2)(D) of the CAA requires SIPs to contain measures
to prevent sources in a state from

significantly contributing to air quality problems in another state. To
implement this provision, EPA has required certain states to establish
programs to address transport of certain air pollutants, e.g.,
NOX SIP call, Clean Air Interstate Rule (CAIR), Cross-State
Air Pollution Rule (CSAPR). However, like many of the 110(a)(2)
requirements, the section 110(a)(2)(D) SIP requirements are not linked
with a particular area's ozone designation and classification. EPA
concludes that the SIP requirements linked with the area's ozone
designation and classification are the relevant measures to evaluate
when reviewing a redesignation request for the area. The section
110(a)(2)(D) requirements, where applicable, continue to apply to a
state regardless of the designation of any one particular area within
the state. Thus, we believe these requirements are not applicable
requirements for purposes of redesignation. See 65 FR 37890 (June 15,
2000), 66 FR 50399 (October 19, 2001), 68 FR 25418, 25426-27 (May 13,
2003).
    In addition, EPA believes that other section 110 elements that are
neither connected with nonattainment plan submissions nor linked with
an area's ozone attainment status are not applicable requirements for
purposes of redesignation. The area will still be subject to these
requirements after the area is redesignated to attainment of the 2008
ozone NAAQS. The section 110 and part D requirements which are linked
with a particular area's designation and classification are the
relevant measures to evaluate in reviewing a redesignation request.
This approach is consistent with EPA's existing policy on applicability
(i.e., for redesignations) of conformity and oxygenated fuels
requirements, as well as with section 184 ozone transport requirements.
See Reading, Pennsylvania proposed and final rulemakings, 61 FR 53174-
53176 (October 10, 1996) and 62 FR 24826 (May 7, 1997); Cleveland-
Akron-Lorain, Ohio final rulemaking, 61 FR 20458 (May 7, 1996); and
Tampa, Florida final rulemaking, 60 FR 62748 (December 7, 1995). See
also the discussion of this issue in the Cincinnati, Ohio ozone
redesignation (65 FR 37890, June 19, 2000), and the Pittsburgh,
Pennsylvania ozone redesignation (66 FR 50399, October 19, 2001).
    We have reviewed Indiana's SIP and have concluded that it meets the
general SIP requirements under section 110 of the CAA, to the extent
those requirements are applicable for purposes of redesignation.\3\
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    \3\ EPA has previously approved provisions of the Indiana SIP
addressing section 110 elements under the 2008 ozone NAAQS; 80 FR
23713. 84 FR 46889.
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b. Part D Requirements
    Section 172(c) of the CAA sets forth the basic requirements of air
quality plans for states with nonattainment areas that are required to
submit them pursuant to section 172(b). Subpart 2 of part D, which
includes section 182 of the CAA, establishes specific requirements for
ozone nonattainment areas depending on the areas' nonattainment
classifications.
    The Chicago area is classified as serious under subpart 2 for the
2008 ozone NAAQS. As such, the area is subject to the subpart 1
requirements contained in section 172(c) and section 176. Similarly,
the area is subject to the subpart 2 requirements contained in section
182(a), (b), and (c) (marginal, moderate, and serious nonattainment
area requirements). A thorough discussion of the requirements contained
in sections 172(c) and 182 can be found in the General Preamble for
Implementation of Title I (57 FR 13498).
i. Subpart 1 Section 172 Requirements
    CAA Section 172(b)requires states to submit SIPs meeting the
requirements of section 172(c) no later than 3 years from the date of
the nonattainment designation. Section 172(c)(1) requires the plans for
all nonattainment areas to provide for the implementation of all
reasonably available control measures (RACM) as expeditiously as
practicable and to provide for attainment of the primary NAAQS. Under
this requirement, a state must consider all available control measures,
including reductions that are available from adopting reasonably
available control technology (RACT) on existing sources, for a
nonattainment area and adopt and implement such measures as are
reasonably available in the area as components of the area's attainment
demonstration. EPA approved Indiana's VOC RACT plan on February 13,
2019 (84 FR 3711). Because attainment has been reached in the Chicago
area, no additional measures are needed to provide for attainment and
section 172(c)(1) requirements are no longer considered to be
applicable, as long as the area continues to attain the standard until
redesignation. See 40 CFR 51.918.
    The reasonable further progress (RFP) requirement under section
172(c)(2) is the progress that must be made toward attainment. EPA
approved Indiana's RFP plan and RFP contingency measures on February
13, 2019 (84 FR 3711).
    Section 172(c)(3) requires submission and approval of a
comprehensive, accurate and current inventory of actual emissions. This
requirement was superseded by the inventory requirement in section
182(a)(1) discussed below.
    Section 172(c)(4) requires the identification and quantification of
allowable emissions for major new and modified stationary sources in an
area, and section 172(c)(5) requires source permits for the
construction and operation of new and modified major stationary sources
anywhere in the nonattainment area. EPA has previously approved
Indiana's nonattainment NSR program on February 13, 2019 (84 FR 3711).
Nonetheless, EPA has determined that, since PSD requirements will apply
after redesignation, areas being redesignated need not comply with the
requirement that the NSR program be approved prior to redesignation,
provided that the area demonstrates maintenance of the NAAQS without
part D NSR. A more detailed rationale for this view is described in a
memorandum from Mary Nichols, Assistant Administrator for Air and
Radiation, dated October 14, 1994, entitled, ``Part D New Source Review
Requirements for Areas Requesting Redesignation to Attainment.''
Indiana has demonstrated that the Indiana portion of the Chicago area
will be able to maintain the 2008 ozone NAAQS without part D NSR in
effect; therefore, EPA concludes that the state need not have a fully
approved part D NSR program prior to approval of the redesignation
request. See rulemakings for Detroit, Michigan (60 FR 12467-12468,
March 7, 1995); Cleveland-Akron-Lorain, Ohio (61 FR 20458, 20469-20470,
May 7, 1996); Louisville, Kentucky (66 FR 53665, October 23, 2001); and
Grand Rapids, Michigan (61 FR 31834-31837, June 21, 1996). Indiana's
PSD program will become effective in the Indiana portion of the Chicago
area upon redesignation to attainment. EPA approved Indiana's PSD
program on May 20, 2004 (69 FR 29071).
    Section 172(c)(6) requires the SIP to contain control measures
necessary to provide for attainment of the standard. Because attainment
has been reached, no additional measures are needed to provide for
attainment.
    Section 172(c)(7) requires the SIP to meet the applicable
provisions of section 110(a)(2). As noted above, we believe the Indiana
SIP meets the

requirements of section 110(a)(2) for purposes of redesignation.
    Section 172(c)(9) requires the SIP to provide for the
implementation of contingency measures if the area fails to make
reasonably further progress or to attain the NAAQS by the attainment
deadline. As noted previously, EPA approved Indiana's contingency
measures for purposes of RFP on February 13, 2019 (84 FR 3711). With
respect to contingency measures for failure to attain the NAAQS by the
attainment deadline, this requirement is not relevant for purposes of
redesignation because the Chicago area has demonstrated monitored
attainment of the 2008 ozone NAAQS. (General Preamble, 57 FR 13564).
See also 40 CFR 51.918.
ii. Section 176 Conformity Requirements
    Section 176(c) of the CAA requires states to establish criteria and
procedures to ensure that federally supported or funded projects
conform to the air quality planning goals in the applicable SIP. The
requirement to determine conformity applies to transportation plans,
programs and projects that are developed, funded or approved under
title 23 of the United States Code (U.S.C.) and the Federal Transit Act
(transportation conformity) as well as to all other federally supported
or funded projects (general conformity). State transportation
conformity SIP revisions must be consistent with Federal conformity
regulations relating to consultation, enforcement and enforceability
that EPA promulgated pursuant to its authority under the CAA.
    EPA interprets the conformity SIP requirements \4\ as not applying
for purposes of evaluating a redesignation request under section 107(d)
because state conformity rules are still required after redesignation
and Federal conformity rules apply where state conformity rules have
not been approved. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001)
(upholding this interpretation); see also 60 FR 62748 (December 7,
1995) (redesignation of Tampa, Florida). Nonetheless, Indiana has an
approved conformity SIP for the Indiana portion of the Chicago area.
See 84 FR 3711 (February 13, 2019).
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    \4\ CAA section 176(c)(4)(E) requires states to submit revisions
to their SIPs to reflect certain Federal criteria and procedures for
determining transportation conformity. Transportation conformity
SIPs are different from SIPs requiring the development of Motor
Vehicle Emission Budgets (MVEBs), such as control strategy SIPs and
maintenance plans.
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iii. Subpart 2 Section 182(a), (b), and (c) Requirements
    Section 182(a)(1) requires states to submit a comprehensive,
accurate, and current inventory of actual emissions from sources of VOC
and NOX emitted within the boundaries of the ozone
nonattainment area. EPA approved Indiana's base year emissions
inventory for the Indiana portion of the Chicago area on April 7, 2017
(82 FR 16934) and February 13, 2019 (84 FR 3711).
    Under section 182(a)(2)(A), states with ozone nonattainment areas
that were designated prior to the enactment of the 1990 CAA amendments
were required to submit, within six months of classification, all rules
and corrections to existing VOC RACT rules that were required under
section 172(b)(3) prior to the 1990 CAA amendments. The Indiana portion
of the Chicago area is not subject to the section 182(a)(2) RACT ``fix
up'' requirement for the 2008 ozone NAAQS because it was designated as
nonattainment for this standard after the enactment of the 1990 CAA
amendments and because Indiana complied with this requirement for the
Indiana portion of the Chicago area under the prior 1-hour ozone NAAQS.
See 57 FR 8082 (March 6, 1992).
    Section 182(a)(2)(B) requires each state with a marginal ozone
nonattainment area that implemented or was required to implement a
vehicle inspection and maintenance (I/M) program prior to the 1990 CAA
amendments to submit a SIP revision for an I/M program no less
stringent than that required prior to the 1990 CAA amendments or
already in the SIP at the time of the CAA amendments, whichever is more
stringent. For the purposes of the 2008 ozone standard and the
consideration of Indiana's redesignation request for this standard, the
Indiana portion of the Chicago area is not subject to the section
182(a)(2)(B) requirement because the area was designated as
nonattainment for the 2008 ozone standard after the enactment of the
1990 CAA amendments and because Indiana complied with this requirement
for the Indiana portion of the Chicago area under the prior 1-hour
ozone NAAQS.
    Section 182(a)(3)(B) requires the submission of an emission
statement SIP. EPA approved Indiana's emission statement SIP for the
Indiana portion of the Chicago area for the 2008 ozone NAAQS on April
7, 2017 (82 FR 16934) and on February 13, 2019 (84 FR 3711).
    Section 182(b)(1) requires the submission of an attainment
demonstration and RFP plan. Indiana submitted an attainment
demonstration and RFP plan for the Indiana portion of the Chicago 2008
ozone NAAQS moderate nonattainment area on February 13, 2019 (84 FR
3711).
    EPA approved Indiana's RFP plan and RFP contingency measures for
the Indiana portion of the Chicago area for the 2008 ozone NAAQS on
February 13, 2019 (84 FR 3711). Because attainment has been reached,
section 182(b)(1) requirements are no longer considered to be
applicable as long as the area continues to attain the standard. If EPA
finalizes approval of the redesignation of the area, EPA will take no
further action on the attainment demonstration submitted by Indiana.
    Section 182(b)(2) requires states with moderate nonattainment areas
to implement VOC RACT with respect to each of the following: (1) All
sources covered by a Control Technology Guideline (CTG) document issued
between November 15, 1990, and the date of attainment; (2) all sources
covered by a CTG issued prior to November 15, 1990; and, (3) all other
major non-CTG stationary sources. If no major non-CTG sources of VOC
emissions or no sources in a CTG category exist in an applicable
nonattainment area, a state may submit a negative declaration for that
category. Indiana has adopted and submitted VOC RACT rules and negative
source declarations to cover all applicable CTGs, and major non-CTG
sources. EPA approved Indiana's Negative Declaration for the Oil and
Gas CTG for the Indiana portion of the Chicago area for the 2008 ozone
NAAQS on December 13, 2019 (84 FR 68050). In a final rulemaking
published on February 13, 2019 (84 FR 3711), we concluded that Indiana
has complied with all section 182(b)(2) RACT requirements for the 2008
ozone NAAQS.
    Section 182(b)(3) requires states to adopt Stage II gasoline vapor
recovery regulations. On May 16, 2012 (77 FR 28772), EPA determined
that the use of onboard vapor recovery technology for capturing
gasoline vapor when gasoline-powered vehicles are refueled is in
widespread use throughout the highway motor vehicle fleet and waived
the requirement that current and former ozone nonattainment areas
implement Stage II vapor recovery systems on gasoline pumps.
    The requirements for an I/M program for a moderate ozone
nonattainment area are found in Section 182(b)(4). EPA approved
Indiana's I/M program certification for the Indiana portion of the
Chicago area for the 2008 ozone NAAQS on February 13, 2019 (84 FR
3711).

    Regarding the new source permitting and offset requirements of
sections 182(a)(2)(C), 182(a)(4), and 182(b)(5), Indiana currently has
a fully-approved part D NSR program in place. EPA approved Indiana's
NSR SIP on February 13, 2019 (84 FR 3711). EPA approved Indiana's PSD
program on May 20, 2004 (69 FR 29071). The state's PSD program will
become effective in the Indiana portion of the Chicago area if EPA
approves the state's redesignation request.
    Section 182(f) establishes NOX requirements for ozone
nonattainment areas. However, it provides that these requirements do
not apply to an area if the Administrator determines that
NOX reductions would not contribute to attainment. As
discussed in section VI. below, we are proposing such a determination
for the Indiana portion of the Chicago area as requested by Indiana. If
the NOX waiver is approved as a final rule, Indiana need not
have fully approved NOX control measures under section
182(f) for the Chicago-Naperville, IL-IN-WI area to be redesignated to
attainment.
    Section 182(c) contains the requirements for areas classified as
serious. On August 23, 2019 (84 FR 44238), EPA reclassified the Chicago
area from moderate to serious and established August 3, 2020 as the due
date for serious area SIP revisions. No requirements under section
182(c) became due prior to Indiana's submission of the complete
redesignation request for the Indiana portion of the Chicago area, and,
therefore, none are applicable to the area for purposes of
redesignation.
    Thus, as discussed above, if EPA approves the section 182(f)
NOX exemption, the Indiana portion of the Chicago area will
satisfy all applicable requirements for purposes of redesignation under
section 110 and part D of title I of the CAA.
2. The Indiana Portion of the Chicago area (Lake and Porter Counties)
has a Fully Approved SIP for Purposes of Redesignation Under Section
110(k) of the CAA
    At various times, Indiana has adopted and submitted, and EPA has
approved, provisions addressing the various SIP elements applicable for
the ozone NAAQS. As discussed above, if EPA finalizes the section
182(f) NOX exemption, EPA will have fully approved the
Indiana SIP for the Chicago-Naperville, IL-IN-WI nonattainment area
under section 110(k) for all requirements applicable for purposes of
redesignation under the 2008 ozone NAAQS. EPA may rely on prior SIP
approvals in approving a redesignation request (see the Calcagni
memorandum at page 3; Southwestern Pennsylvania Growth Alliance v.
Browner, 144 F.3d 984, 989-990 (6th Cir. 1998); Wall v. EPA, 265 F.3d
426), plus any additional measures it may approve in conjunction with a
redesignation action (see 68 FR 25426 (May 12, 2003) and citations
therein).

C. Are the air quality improvements in the Chicago area due to
permanent and enforceable emission reductions?

    To redesignate an area from nonattainment to attainment, section
107(d)(3)(E)(iii) of the CAA requires EPA to determine that the air
quality improvement in the area is due to permanent and enforceable
reductions in emissions resulting from the implementation of the SIP
and applicable Federal air pollution control regulations and other
permanent and enforceable emission reductions. EPA has determined that
Indiana has demonstrated that that the observed ozone air quality
improvement in the Indiana portion of the Chicago area is due to
permanent and enforceable reductions in VOC and NOX
emissions resulting from state measures adopted into the SIP and
Federal measures.
    In making this demonstration, the state has calculated the change
in emissions between 2011 and 2017. The reduction in emissions and the
corresponding improvement in air quality over this time period can be
attributed to a number of regulatory control measures that the Indiana
portion of the Chicago area and other portions of the area have
implemented in recent years. In addition, Indiana provided an analysis
to demonstrate the improvement in air quality was not due to unusually
favorable meteorology. Based on the information summarized below, EPA
finds that Indiana has adequately demonstrated that the improvement in
air quality is due to permanent and enforceable emissions reductions.
1. Permanent and Enforceable Emission Controls Implemented
a. Regional NOX Controls
    Clean Air Interstate Rule (CAIR)/Cross State Air Pollution Rule
(CSAPR). Under the ``good neighbor provision'' of CAA section
110(a)(2)(D)(i)(I), states are required to address interstate transport
of air pollution. Specifically, the good neighbor provision provides
that each state's SIP must contain provisions prohibiting emissions
from within that state which will contribute significantly to
nonattainment of the NAAQS, or interfere with maintenance of the NAAQS,
in any other state.
    On May 12, 2005, EPA published CAIR, which required eastern states,
including Indiana, to prohibit emissions consistent with annual and
ozone season NOX budgets and annual sulfur dioxide
(SO2) budgets (70 FR 25152). CAIR addressed the good
neighbor provision for the 1997 ozone NAAQS and 1997 fine particulate
matter (PM2.5) NAAQS and was designed to mitigate the impact
of transported NOX emissions, a precursor of both ozone and
PM2.5, as well as transported SO2 emissions,
another precursor of PM2.5. The United States Court of
Appeals for the District of Columbia Circuit (D.C. Circuit) remanded
CAIR to EPA for replacement in 2008. North Carolina v. EPA, 531 F.3d
896, modified, 550 F.3d 1176 (2008). While EPA worked on developing a
replacement rule, implementation of the CAIR program continued as
planned with the NOX annual and ozone season programs
beginning in 2009 and the SO2 annual program beginning in
2010.
    On August 8, 2011 (76 FR 48208), acting on the D.C. Circuit's
remand, EPA published CSAPR to replace CAIR and to address the good
neighbor provision for the 1997 ozone NAAQS, the 1997 PM2.5
NAAQS, and the 2006 PM2.5 NAAQS. Through Federal
Implementation Plans (FIPs), CSAPR required electric generating units
(EGUs) in eastern states, including Indiana, to meet annual and ozone
season NOX budgets and annual SO2 budgets
implemented through new trading programs. After delays caused by
litigation, EPA started implementing the CSAPR trading programs in
2015, simultaneously discontinuing administration of the CAIR trading
programs. On October 26, 2016, EPA published the CSAPR Update, which
established, starting in 2017, a new ozone season NOX
trading program for EGUs in eastern states, including Indiana, to
address the good neighbor provision for the 2008 ozone NAAQS (81 FR
74504). The CSAPR Update is estimated to result in a 20 percent
reduction in ozone season NOX emissions from EGUs in the
eastern United States, a reduction of 80,000 tons in 2017 compared to
2015 levels. The reduction in NOX emissions from the
implementation of CAIR and then CSAPR occurred by the attainment years
and additional emission reductions will occur throughout the
maintenance period.
c. Federal Emission Control Measures
    Reductions in VOC and NOX emissions have occurred
statewide and

in upwind areas as a result of Federal emission control measures, with
additional emission reductions expected to occur in the future. Federal
emission control measures include the following.
    Tier 2 Emission Standards for Vehicles and Gasoline Sulfur
Standards. On February 10, 2000 (65 FR 6698), EPA promulgated Tier 2
motor vehicle emission standards and gasoline sulfur control
requirements. These emission control requirements result in lower VOC
and NOX emissions from new cars and light duty trucks,
including sport utility vehicles. With respect to fuels, this rule
required refiners and importers of gasoline to meet lower standards for
sulfur in gasoline, which were phased in between 2004 and 2006. By
2006, refiners were required to meet a 30 ppm average sulfur level,
with a maximum cap of 80 ppm. This reduction in fuel sulfur content
ensures the effectiveness of low emission-control technologies. The
Tier 2 tailpipe standards established in this rule were phased in for
new vehicles between 2004 and 2009. EPA estimates that, when fully
implemented, this rule will cut NOX and VOC emissions from
light-duty vehicles and light-duty trucks by approximately 76 and 28
percent, respectively. NOX and VOC reductions from medium-
duty passenger vehicles included as part of the Tier 2 vehicle program
are estimated to be approximately 37,000 and 9,500 tons per year,
respectively, when fully implemented. As projected by these estimates
and demonstrated in the on-road emission modeling for the Indiana
portion of the Chicago area, the majority of these emission reductions
occurred by the attainment years and additional emission reductions
will occur throughout the maintenance period, as remaining older
vehicles are replaced with newer, compliant model years.
    Tier 3 Emission Standards for Vehicles and Gasoline Sulfur
Standards. On April 28, 2014 (79 FR 23414), EPA promulgated Tier 3
motor vehicle emission and fuel standards to reduces both tailpipe and
evaporative emissions and to further reduce the sulfur content in
fuels. The rule will be phased in between 2017 and 2025. Tier 3 sets
new tailpipe standards for the sum of VOC and NOX and for
particulate matter. The VOC and NOX tailpipe standards for
light-duty vehicles represent approximately an 80 percent reduction
from today's fleet average and a 70 percent reduction in per-vehicle
particulate matter (PM) standards. Heavy-duty tailpipe standards
represent about a 60 percent reduction in both fleet average VOC and
NOX and per-vehicle PM standards. The evaporative emissions
requirements in the rule will result in approximately a 50 percent
reduction from current standards and apply to all light-duty and on-
road gasoline-powered heavy-duty vehicles. Finally, the rule lowers the
sulfur content of gasoline to an annual average of 10 ppm by January
2017. As projected by these estimates and demonstrated in the on-road
emission modeling for the Indiana portion of the Chicago area, some of
these emission reductions occurred by the attainment years and
additional emission reductions will occur throughout the maintenance
period, as older vehicles are replaced with newer, compliant model
years.
    Heavy-Duty Diesel Engine Rules. In July 2000, EPA issued a rule for
on-road heavy-duty diesel engines that includes standards limiting the
sulfur content of diesel fuel. Emissions standards for NOX,
VOC and PM were phased in between model years 2007 and 2010. In
addition, the rule reduced the highway diesel fuel sulfur content to 15
ppm by 2007, leading to additional reductions in combustion
NOX and VOC emissions. EPA has estimated future year
emission reductions due to implementation of this rule. Nationally, EPA
estimated that 2015 NOX and VOC emissions would decrease by
1,260,000 tons and 54,000 tons, respectively. Nationally, EPA estimated
that by 2030 NOX and VOC emissions will decrease by
2,570,000 tons and 115,000 tons, respectively. As projected by these
estimates and demonstrated in the on-road emission modeling for the
Indiana portion of the Chicago area, some of these emission reductions
occurred by the attainment years and additional emission reductions
will occur throughout the maintenance period, as older vehicles are
replaced with newer, compliant model years.
    Non-road Diesel Rule. On June 29, 2004 (69 FR 38958), EPA issued a
rule adopting emissions standards for non-road diesel engines and
sulfur reductions in non-road diesel fuel. This rule applies to diesel
engines used primarily in construction, agricultural, and industrial
applications. Emission standards are phased in for 2008 through 2015
model years based on engine size. The SO2 limits for non-
road diesel fuels were phased in from 2007 through 2012. EPA estimates
that when fully implemented, compliance with this rule will cut
NOX emissions from these non-road diesel engines by
approximately 90 percent. As projected by these estimates and
demonstrated in the non-road emission modeling for the Indiana portion
of the Chicago area, some of these emission reductions occurred by the
attainment years and additional emission reductions will occur
throughout the maintenance period.
    Non-road Spark-Ignition Engines and Recreational Engine Standards.
On November 8, 2002 (67 FR 68242), EPA adopted emission standards for
large spark-ignition engines such as those used in forklifts and
airport ground-service equipment; recreational vehicles such as off-
highway motorcycles, all-terrain vehicles, and snowmobiles; and
recreational marine diesel engines. These emission standards are phased
in from model year 2004 through 2012. When fully implemented, EPA
estimates an overall 72 percent reduction in VOC emissions from these
engines and an 80 percent reduction in NOX emissions. As
projected by these estimates and demonstrated in the non-road emission
modeling for the Indiana portion of the Chicago area, some of these
emission reductions occurred by the attainment years and additional
emission reductions will occur throughout the maintenance period.
    Category 3 Marine Diesel Engine Standards. On April 30, 2010 (75 FR
22896) EPA issued emission standards for marine compression-ignition
engines at or above 30 liters per cylinder. Tier 2 emission standards
apply beginning in 2011, and are expected to result in a 15 to 25
percent reduction in NOX emissions from these engines. Final
Tier 3 emission standards apply beginning in 2016 and are expected to
result in approximately an 80 percent reduction in NOX from
these engines. As projected by these estimates and demonstrated in the
non-road emission modeling for the Indiana portion of the Chicago area,
some of these emission reductions occurred by the attainment years and
additional emission reductions will occur throughout the maintenance
period.
2. Emission Reductions
    Indiana is using a 2011 emissions inventory as the nonattainment
year. This is appropriate because it was one of the years used to
designate the area as nonattainment. Indiana is using 2017 as the
attainment year, which is appropriate because it is one of the years in
the 2017-2019 period used to demonstrate attainment.
    Area and non-road mobile emissions were collected from data
available on EPA's Air Emissions Modeling website.\5\ For the 2017
attainment year, area and non-road source emissions inventory estimates
were based on the data interpolation between 2016 base year

and the 2023 and 2028 projection years of EPA's 2016 version 1
Emissions Modeling Platform.
---------------------------------------------------------------------------

    \5\ https://www.epa.gov/air-emissions-modeling/2016v1-platform.
---------------------------------------------------------------------------

    IDEM compiled 2011 and 2017 actual point source and EGU-point
source emissions from state inventory databases.
    On-road mobile source emissions were developed in conjunction with
the Northwestern Indiana Regional Planning Commission (NIRPC), the
Metropolitan Planning Organization for the area that includes Lake,
Porter, and LaPorte Counties. NIRPC maintains a travel demand forecast
model that is used to identify where travel capacity will be needed and
to determine the infrastructure requirements necessary to meet that
need. The travel demand forecast model predicts the total daily vehicle
miles traveled.
    Indiana used the Motor Vehicle Emission Simulator (MOVES), the
EPA's recommended mobile source model, to develop on-road emissions
rates. The version used was MOVES2014b. The modeling inputs to MOVES,
which include detailed transportation data (e.g., vehicle-miles of
travel by vehicle class, road class and hour of day, and average speed
distributions), were provided by NIRPC.
    On-road mobile source emissions were then calculated from emissions
factors produced by EPA's Motor Vehicle Emission Simulator model,
MOVES2b, and data extracted from the region's travel-demand forecast
model.
    The annual emissions provided by this inventory are then used to
calculate average summer day emissions using EPA guidance on how the
model estimates daily emissions. The monthly profile percentages for
June, July, and August were added together and then divided by the
number of days in the season (92). This is applied at the process level
using the profiles that are specified for each source classification
code (SCC) that is assigned to the process.
    Emissions for Illinois and Wisconsin were based on inventories
developed by those states in 2016 for an earlier round of redesignation
requests. For the current document, 2011 and 2030 emissions are
directly taken from these earlier inventories, whereas 2017 and 2025
emissions were determined by interpolation from these inventories.
    Using the inventories described above, Indiana's submittal
documents changes in VOC and NOX emissions from 2011 to 2017
for the Indiana portion of the Chicago area. Emissions data are shown
in Tables 2 and 3.

  Table 2--Emissions Reduction of NOX Emissions for the Illinois, Indiana and Wisconsin portions of the Chicago
                                          Nonattainment Area 2011-2017
                                                   [Tons/day]
----------------------------------------------------------------------------------------------------------------
                                                                2011
                         Sector                            Nonattainment     2017 Attainment        Emission
                                                                year               year            reductions
----------------------------------------------------------------------------------------------------------------
                                                    Illinois
----------------------------------------------------------------------------------------------------------------
EGU Point..............................................              67.41              29.23              38.18
Point..................................................              52.57              47.59               4.98
Area...................................................              27.14              33.60              -6.46
Non-Road...............................................             188.34             142.64              45.70
On-road................................................             296.38             177.66             118.72
                                                        --------------------------------------------------------
    Total..............................................             631.84             430.72             201.12
----------------------------------------------------------------------------------------------------------------
                                                     Indiana
----------------------------------------------------------------------------------------------------------------
EGU Point..............................................              30.15               3.73              26.42
Point..................................................              66.46              55.42              11.04
Area...................................................               9.69               8.06               1.63
Non-road...............................................              12.69               6.73               5.96
On-road................................................              24.70              12.85              11.85
                                                        --------------------------------------------------------
    Total..............................................             143.69              86.79              56.90
----------------------------------------------------------------------------------------------------------------
                                                    Wisconsin
----------------------------------------------------------------------------------------------------------------
EGU Point..............................................               8.71               8.55               0.16
Point..................................................               0.11               0.13              -0.02
Area...................................................               1.09               1.02               0.07
Non-Road...............................................               2.08               1.67               0.41
On-road................................................               5.35               2.81               2.54
                                                        --------------------------------------------------------
    Total..............................................              17.34              14.18               3.16
----------------------------------------------------------------------------------------------------------------
                                  Chicago-Naperville, IL-IN-WI 2008 ozone area
----------------------------------------------------------------------------------------------------------------
Illinois...............................................             631.84             430.72             201.12
Indiana................................................             143.69              86.79              56.90
Wisconsin..............................................              17.34              14.18               3.16
                                                        --------------------------------------------------------
    Total..............................................             792.87             531.69             261.18
----------------------------------------------------------------------------------------------------------------

  Table 3--Emissions Reduction of VOC Emissions for the Illinois, Indiana and Wisconsin Portions of the Chicago
                                          Nonattainment Area 2011-2017
                                                   [Tons/day]
----------------------------------------------------------------------------------------------------------------
                                                                                Emission
                         Sector                                 2011               2017            reductions
----------------------------------------------------------------------------------------------------------------
                                                    Illinois
----------------------------------------------------------------------------------------------------------------
EGU Point..............................................               0.62               0.78              -0.16
Point..................................................              47.63              44.53               3.10
Area...................................................             210.04             226.69             -16.65
Non-Road...............................................             169.58              80.56              89.02
On-road................................................              91.04              81.49               9.55
                                                        --------------------------------------------------------
    Total..............................................             518.91             434.05              84.86
----------------------------------------------------------------------------------------------------------------
                                                     Indiana
----------------------------------------------------------------------------------------------------------------
EGU Point..............................................               0.63               0.20               0.43
Point..................................................              17.07              10.16               6.91
Area...................................................              18.07              19.56              -1.49
Non-Road...............................................              14.19               4.06              10.13
On-road................................................               9.58               6.07               3.51
                                                        --------------------------------------------------------
    Total..............................................              59.54              40.05              19.49
----------------------------------------------------------------------------------------------------------------
                                                    Wisconsin
----------------------------------------------------------------------------------------------------------------
EGU Point..............................................               0.38               0.32               0.06
Point..................................................               0.18               0.07               0.11
Area...................................................               3.76               3.49               0.27
Non-Road...............................................               1.13               0.74               0.39
On-road................................................               2.53               1.42               1.11
                                                        --------------------------------------------------------
    Total..............................................               7.98               6.04               1.94
----------------------------------------------------------------------------------------------------------------
                                  Chicago-Naperville, IL-IN-WI 2008 ozone area
----------------------------------------------------------------------------------------------------------------
Illinois...............................................             518.91             434.05              84.86
Indiana................................................              59.54              40.05              19.49
Wisconsin..............................................               7.98               6.04               1.94
----------------------------------------------------------------------------------------------------------------
    Total..............................................             586.43             480.14             106.29
----------------------------------------------------------------------------------------------------------------

    As shown in Tables 2 and 3, NOX and VOC emissions in the
Indiana portion of the Chicago area declined by 56.90 tons/day and
19.49 tons/day, respectively, between 2011 and 2017. NOX and
VOC emissions throughout the entire Chicago area declined by 261.18
tons/day and 106.29 tons/day, respectively, between 2011 and 2017.
3. Meteorology
    To further support IDEM's demonstration that the improvement in air
quality between the year violations occurred and the year attainment
was achieved is due to permanent and enforceable emission reductions
and not unusually favorable meteorology, an analysis was performed by
the Lake Michigan Air Directors Consortium (LADCO). A classification
and regression tree (CART) analysis was conducted with 2005 through
2018 data from nine Chicago-area ozone sites. The goal of the analysis
was to determine the meteorological and air quality conditions
associated with ozone episodes, and construct trends for the days
identified as sharing similar meteorological conditions.
    Regression trees were developed for the nine monitors to classify
each summer day by its ozone concentration and associated
meteorological conditions. By grouping days with similar meteorology,
the influence of meteorological variability on the underlying trend in
ozone concentrations is partially removed and the remaining trend is
presumed to be due to trends in precursor emissions or other non-
meteorological influences. The CART analysis showed that, reducing the
impact of meteorology, the resulting trends in ozone concentrations
declined over the period examined, supported the conclusion that the
improvement in air quality was not due to unusually favorable
meteorology.

D. Does Indiana have a fully approvable ozone maintenance plan for the
Chicago area?

    As one of the criteria for redesignation to attainment, section
107(d)(3)(E)(iv) of the CAA requires EPA to determine that the area has
a fully approved maintenance plan pursuant to section 175A of the CAA.
Section 175A of the CAA sets forth the elements of a maintenance plan
for areas seeking redesignation from nonattainment to attainment. Under
section 175A, the maintenance plan must demonstrate continued
attainment of the NAAQS for at least 10 years after the Administrator
approves a redesignation to attainment. Eight years after the
redesignation, the state must submit a revised maintenance plan which
demonstrates that attainment of the NAAQS will continue for an
additional 10 years beyond the initial 10-year maintenance period. To
address the possibility of future NAAQS violations, the maintenance
plan must contain contingency measures, as EPA

deems necessary, to ensure prompt correction of the future NAAQS
violation.
    The Calcagni Memorandum provides further guidance on the content of
a maintenance plan, explaining that a maintenance plan should address
five elements: (1) An attainment emission inventory; (2) a maintenance
demonstration; (3) a commitment for continued air quality monitoring;
(4) a process for verification of continued attainment; and (5) a
contingency plan. In conjunction with its request to redesignate the
Indiana portion of the Chicago area to attainment for the 2008 ozone
NAAQS, IDEM submitted a SIP revision to provide for maintenance of the
2008 ozone NAAQS through 2030, more than 10 years after the expected
effective date of the redesignation to attainment. As discussed below,
EPA proposes to find that Indiana's ozone maintenance plan includes the
necessary components and approve the maintenance plan as a revision of
the Indiana SIP.
1. Attainment Inventory
    EPA is proposing to determine that the Indiana portion of the
Chicago area has attained the 2008 ozone NAAQS based on monitoring data
for the period of 2017-2019. IDEM selected 2017 as the attainment
emissions inventory year to establish attainment emission levels for
VOC and NOX. The attainment emissions inventory identifies
the levels of emissions in the Indiana portion of the Chicago area that
are sufficient to attain the 2008 ozone NAAQS. The derivation of the
attainment year emissions was discussed above in section IV.C.2. of
this proposed rule. The attainment level emissions, by source category,
are summarized in Tables 2 and 3 above.
2. Has the state documented maintenance of the ozone standard in the
Indiana portion of the Chicago area (Lake and Porter Counties)?
    Indiana has demonstrated maintenance of the 2008 ozone NAAQS
through 2030 by assuring that current and future emissions of VOC and
NOX for the Indiana portion of the Chicago area remain at or
below attainment year emission levels. A maintenance demonstration need
not be based on modeling. See Wall v. EPA, 265 F.3d 426 (6th Cir.
2001), Sierra Club v. EPA, 375 F. 3d 537 (7th Cir. 2004). See also 66
FR 53094, 53099-53100 (October 19, 2001), 68 FR 25413, 25430-25432 (May
12, 2003).
    Indiana is using emissions inventories for the years 2025 and 2030
to demonstrate maintenance. 2030 is more than 10 years after the
expected effective date of the redesignation to attainment and 2025 was
selected to demonstrate that emissions are not expected to spike in the
interim between the attainment year and the final maintenance year. The
emissions inventories were developed as described below.
    Area and non-road mobile emissions were collected from data
available on EPA's Air Emissions Modeling website. Using Emissions
Modeling platform 2016v1, IDEM collected data for the 2023 and 2028
projected inventories.
    Indiana's 2025 area, point, EGU-point, and non-road source
emissions were estimated primarily by interpolating between EPA's 2023
and 2028 modeling inventories. 2030 emissions for point, area, and non-
road source sectors were derived by extrapolating using the TREND
function in Excel. If the trend function resulted in a negative value,
the emissions were assumed not to change. EGU-point emissions for 2030
were estimated from the Eastern Regional Technical Advisory Committee
(ERTAC) model. Summer day inventories were derived for these sectors
using the methodology described in section IV.V.2. above.
    On-road mobile source emissions were developed through the combined
effort of IDEM and the NIRPC and were calculated from emission factors
produced by EPA's MOVES2014b model and data extracted from the region's
travel-demand model. The on-road 2025 and 2030 emission estimates are
based on the actual travel demand model network runs generating
estimated emissions to exist for those years under the Northwest
Indiana 2050 Transportation Plan.
    Emissions data are shown in Tables 4 through 5 below.

  Table 4--Projected Emissions of NOX Emissions for the Illinois, Indiana and Wisconsin Portions of the Chicago
                                        Nonattainment Area 2025 and 2030
                                                   [Tons/day]
----------------------------------------------------------------------------------------------------------------
                                       2017 Attainment                       2030 Maintenance   Difference 2017-
               Sector                        year        2025 Interim year         year               2030
----------------------------------------------------------------------------------------------------------------
                                                    Illinois
----------------------------------------------------------------------------------------------------------------
EGU Point...........................              29.23              49.56              60.75             -31.52
Non-EGU.............................              47.59              47.68              48.54              -0.95
Area................................              33.60              33.83              33.97              -0.37
On-Road.............................             177.66              85.04              65.66             112.00
Non-road............................             142.64             114.83             106.92              35.72
                                     ---------------------------------------------------------------------------
    Total...........................             430.72             330.94             315.84             114.88
----------------------------------------------------------------------------------------------------------------
                                                     Indiana
----------------------------------------------------------------------------------------------------------------
EGU Point...........................               3.73               0.34               0.34               3.39
Non-EGU.............................              55.42              58.49              59.30              -3.88
Area................................               8.06               7.13               6.68               1.38
On-road.............................              12.85               8.53               6.62               6.23
Non-road............................               6.73               4.28               3.22               3.51
                                     ---------------------------------------------------------------------------
    Total...........................              86.79              78.77              76.16              10.63
----------------------------------------------------------------------------------------------------------------
                                                    Wisconsin
----------------------------------------------------------------------------------------------------------------
EGU Point...........................               8.55               0.00               0.00               8.55
Non-EGU.............................               0.13               0.16               0.16              -0.03
Area................................               1.02               1.00               0.99               0.03

On-Road.............................               2.81               1.47               1.14               1.67
Non-road............................               1.67               1.24               1.15               0.52
                                     ---------------------------------------------------------------------------
    Total...........................              14.18               3.87               3.44              10.74
----------------------------------------------------------------------------------------------------------------
                                  Chicago-Naperville, IL-IN-WI 2008 ozone area
----------------------------------------------------------------------------------------------------------------
Illinois............................             430.72             330.94             315.84             114.88
Indiana.............................              86.79              78.77              76.16              10.63
Wisconsin...........................              14.18               3.87               3.44              10.74
                                     ---------------------------------------------------------------------------
    Total...........................             531.69             413.58             395.44             136.25
----------------------------------------------------------------------------------------------------------------

  Table 5--Projected Emissions of VOC Emissions for the Illinois, Indiana and Wisconsin Portions of the Chicago
                                        Nonattainment Area 2025 and 2030
                                                   [Tons/day]
----------------------------------------------------------------------------------------------------------------
                                       2017 Attainment                       2030 Maintenance   Difference 2017-
               Sector                        year        2025 Interim year         year               2030
----------------------------------------------------------------------------------------------------------------
                                                    Illinois
----------------------------------------------------------------------------------------------------------------
EGU Point...........................               0.78               2.12               2.64              -1.86
Non-EGU.............................              44.53              43.67              43.57               0.96
Area................................             226.69             221.71             221.40               5.29
On-Road.............................              81.49              52.85              42.64              38.85
Non-road............................              80.56              79.07              82.27              -1.71
                                     ---------------------------------------------------------------------------
    Total...........................             434.05             399.42             392.52              41.53
----------------------------------------------------------------------------------------------------------------
                                                     Indiana
----------------------------------------------------------------------------------------------------------------
EGU Point...........................               0.20               0.07               0.06               0.14
Non-EGU.............................              10.16               11.7              11.57              -1.41
Area................................              19.56              19.76              19.86              -0.30
On-road.............................               6.07               4.91               3.77               2.30
Non-road............................               4.06               3.58               3.38               0.68
                                     ---------------------------------------------------------------------------
    Total...........................              40.05              40.02              38.64               1.41
----------------------------------------------------------------------------------------------------------------
                                                    Wisconsin
----------------------------------------------------------------------------------------------------------------
EGU Point...........................               0.32               0.00               0.00               0.32
Non-EGU.............................               0.07               0.15               0.15              -0.08
Area................................               3.49               3.48               3.50              -0.01
On-Road.............................               1.42               0.95               0.73               0.69
Non-road............................               0.74               0.64               0.62               0.12
                                     ---------------------------------------------------------------------------
    Total...........................               6.04               5.22               5.00               1.04
----------------------------------------------------------------------------------------------------------------
                                  Chicago-Naperville, IL-IN-WI 2008 ozone area
----------------------------------------------------------------------------------------------------------------
Illinois............................             434.05             399.42             392.52              41.53
Indiana.............................              40.05              40.02              38.64               1.41
Wisconsin...........................               6.04               5.22               5.00               1.04
                                     ---------------------------------------------------------------------------
    Total...........................             480.14             444.66             436.16              43.98
----------------------------------------------------------------------------------------------------------------

    In summary, Indiana's maintenance demonstration for the Indiana
portion of the Chicago area shows maintenance of the 2008 ozone NAAQS
by providing emissions information to support the demonstration that
future emissions of NOX and VOC will remain at or below 2017
emission levels when considering both future source growth and
implementation of future controls. Tables 4 and 5 show NOX
and VOC emissions in the Chicago area are projected to decrease by
136.25 tons/day and 43.98 tons/day, respectively, between 2017 and
2030. Emissions in the Indiana portion of the Chicago area are
projected to decrease by 10.63 tons/day and 1.41 tons/day,
respectively, between 2017 and 2030.
    Although EPA's redesignation guidance does not require modeling for

ozone nonattainment areas, IDEM is providing its most recent
photochemical modeling, which was performed for the Interstate
Transport ``Good Neighbor'' Provision for the 2015 8-hour ozone NAAQS
of 0.070 ppm. While this modeling was conducted under a more stringent
8-hour ozone NAAQS, it shows the monitors in the nonattainment area are
projected to have 2023 ozone design values below both the 2008 and 2015
ozone NAAQS. Paired with current monitoring data, this analysis
demonstrates the area has attained and will continue to maintain
compliance with the 2008 8-hour ozone NAAQS well into the future with
an increased margin of safety over time.
3. Continued Air Quality Monitoring
    Indiana has committed to continue to operate the ozone monitors
listed in Table 1 above. Indiana has committed to consult with EPA
prior to making changes to the existing monitoring network should
changes become necessary in the future. Indiana remains obligated to
meet monitoring requirements and continue to quality assure monitoring
data in accordance with 40 CFR part 58, and to enter all data into the
AQS in accordance with Federal guidelines.
4. Verification of Continued Attainment
    Indiana has confirmed that it has the legal authority to enforce
and implement the requirements of the maintenance plan for the Indiana
portion of the Chicago area. This includes the authority to adopt,
implement, and enforce any subsequent emission control measures
determined to be necessary to correct future ozone attainment problems.
    Verification of continued attainment is accomplished through
operation of the ambient ozone monitoring network and the periodic
update of the area's emissions inventory. IDEM will continue to operate
the current ozone monitors located in the Indiana portion of the
Chicago area. There are no plans to discontinue operation, relocate, or
otherwise change the existing ozone monitoring network other than
through revisions in the network approved by the EPA.
    In addition, to track future levels of emissions, Indiana will
continue to develop and submit to EPA updated emission inventories for
all source categories at least once every 3 years, consistent with the
requirements of 40 CFR part 51, subpart A, and in 40 CFR 51.122. The
Consolidated Emissions Reporting Rule (CERR) was promulgated by EPA on
June 10, 2002 (67 FR 39602). The CERR was replaced by the Annual
Emissions Reporting Requirements (AERR) on December 17, 2008 (73 FR
76539). The most recent triennial inventory for Indiana was compiled
for 2014, and 2017 is in progress. Point source facilities covered by
Indiana's emissions statements rule, 326 IAC 2-6-1, will continue to
submit VOC and NOX emissions on an annual basis.
5. What is the contingency plan for the Indiana portion of the Chicago
area (Lake and Porter Counties)?
    Section 175A of the CAA requires that the state must adopt a
maintenance plan, as a SIP revision, that includes such contingency
measures as EPA deems necessary to ensure that the state will promptly
correct a violation of the NAAQS that occurs after redesignation of the
area to attainment of the NAAQS. The maintenance plan must identify:
The contingency measures to be considered and, if needed for
maintenance, adopted and implemented; a schedule and procedure for
adoption and implementation; and, a time limit for action by the state.
The state should also identify specific indicators to be used to
determine when the contingency measures need to be considered, adopted,
and implemented. The maintenance plan must include a commitment that
the state will implement all measures with respect to the control of
the pollutant that were contained in the SIP before redesignation of
the area to attainment in accordance with section 175A(d) of the CAA.
    As required by section 175A of the CAA, Indiana has adopted a
contingency plan for the Indiana portion of the Chicago area to address
possible future ozone air quality problems. The contingency plan
adopted by Indiana has two levels of response, a warning level response
and an action level response.
    In Indiana's plan, a warning level response will be triggered when
an annual (1-year) fourth high monitored value of 0.079 ppm occurs in a
single ozone season or when a two-year average fourth high monitored
value of 0.076 ppm or higher occurs within the maintenance area. A
warning level response will consist of Indiana conducting a study to
determine whether the ozone value indicates a trend toward higher ozone
values or whether emissions appear to be increasing. The study will
evaluate whether the trend, if any, is likely to continue and, if so,
the control measures necessary to reverse the trend. The study will
consider ease and timing of implementation as well as economic and
social impacts. Implementation of necessary controls in response to a
warning level response trigger will take place within 12 months from
the conclusion of the most recent ozone season.
    In Indiana's plan, an action level response is triggered when a
three-year average fourth high value of 0.076 ppm or greater is
monitored within the maintenance area. When an action level response is
triggered, Indiana, will determine what additional control measures are
needed to ensure future attainment of the 2008 ozone NAAQS. Control
measures selected will be adopted and implemented within 18 months from
the close of the ozone season that prompted the action level. IDEM may
also consider if significant new regulations not currently included as
part of the maintenance provisions will be implemented in a timely
manner and would thus constitute an adequate contingency measure
response.
    Indiana included the following list of potential contingency
measures in its maintenance plan:

1. Enhancements to the vehicle emissions testing program (increased
weight limit, addition of diesel vehicles, etc.)
2. Asphalt paving (lower VOC formulation)
3. Diesel exhaust retrofits
4. Traffic flow improvements
5. Idle reduction programs
6. Portable fuel container regulation (statewide)
7. Park and ride facilities
8. Rideshare/carpool program
9. VOC cap/trade program for major stationary sources
10. NOX Reasonably Available Control Technology

    However, Indiana is not limited to the contingency measures listed
above. To qualify as a contingency measure, emissions reductions from
that measure must not be factored into the emissions projections used
in the maintenance plan. Indiana notes that because it is not possible
to determine what control measures will be appropriate in the future,
the list is not comprehensive.
    EPA has concluded that Indiana's maintenance plan adequately
addresses the five basic components of a maintenance plan: Attainment
inventory, maintenance demonstration, monitoring network, verification
of continued attainment, and a contingency plan. In addition, as
required by section 175A(b) of the CAA, Indiana has committed to submit
to EPA an updated ozone maintenance plan eight years after
redesignation of the Indiana portion of the Chicago area to cover an
additional ten years beyond the

initial 10-year maintenance period. Thus, EPA finds that the
maintenance plan SIP revision submitted by IDEM for the Indiana portion
of the Chicago area meets the requirements of section 175A of the CAA
and EPA proposes to approve it as a revision to the Indiana SIP.

V. Has the state adopted approvable motor vehicle emission budgets?

A. Motor Vehicle Emission Budgets

    Under section 176(c) of the CAA, new transportation plans,
programs, or projects that receive Federal funding or support, such as
the construction of new highways, must ``conform'' to (i.e., be
consistent with) the SIP. Conformity to the SIP means that
transportation activities will not cause new air quality violations,
worsen existing air quality problems, or delay timely attainment of the
NAAQS or interim air quality milestones. Regulations at 40 CFR part 93
set forth EPA policy, criteria, and procedures for demonstrating and
assuring conformity of transportation activities to a SIP.
Transportation conformity is a requirement for nonattainment and
maintenance areas. Maintenance areas are areas that were previously
nonattainment for a particular NAAQS, but that have been redesignated
to attainment with an approved maintenance plan for the NAAQS.
    Under the CAA, states are required to submit, at various times,
control strategy SIPs for nonattainment areas and maintenance plans for
areas seeking redesignations to attainment of the ozone standard and
maintenance areas. See the SIP requirements for the 2015 ozone NAAQS in
EPA's December 6, 2018 implementation rule (83 FR 62998). These control
strategy SIPs (including RFP plans and attainment plans) and
maintenance plans must include MVEBs for criteria pollutants, including
ozone, and their precursor pollutants (VOC and NOX for
ozone) to address pollution from on-road transportation sources. The
MVEBs are the portion of the total allowable emissions that are
allocated to highway and transit vehicle use that, together with
emissions from other sources in the area, will provide for attainment
or maintenance. See 40 CFR 93.101.
    Under 40 CFR part 93, a MVEB for an area seeking a redesignation to
attainment must be established, at minimum, for the last year of the
maintenance plan. A state may adopt MVEBs for other years as well. The
MVEB serves as a ceiling on emissions from an area's planned
transportation system. The MVEB concept is further explained in the
preamble to the November 24, 1993, Transportation Conformity Rule (58
FR 62188). The preamble also describes how to establish the MVEB in the
SIP and how to revise the MVEB, if needed, subsequent to initially
establishing a MVEB in the SIP.

B. What is the status of EPA's adequacy determination for the proposed
VOC and NOX MVEBs for the Indiana portion of the Chicago area (Lake and
Porter Counties)?

    When reviewing submitted control strategy SIPs or maintenance plans
containing MVEBs, EPA must affirmatively find that the MVEBs contained
therein are adequate for use in determining transportation conformity.
Once EPA affirmatively finds that the submitted MVEBs are adequate for
transportation purposes, the MVEBs must be used by state and Federal
agencies in determining whether proposed transportation projects
conform to the SIP as required by section 176(c) of the CAA.
    EPA's substantive criteria for determining adequacy of a MVEB are
set out in 40 CFR 93.118(e)(4). The process for determining adequacy
consists of three basic steps: Public notification of a SIP submission;
provision for a public comment period; and EPA's adequacy
determination. This process for determining the adequacy of submitted
MVEBs for transportation conformity purposes was initially outlined in
EPA's May 14, 1999 guidance, ``Conformity Guidance on Implementation of
March 2, 1999, Conformity Court Decision.'' EPA adopted regulations to
codify the adequacy process in the Transportation Conformity Rule
Amendments for the ``New 8-Hour Ozone and PM2.5 National
Ambient Air Quality Standards and Miscellaneous Revisions for Existing
Areas; Transportation Conformity Rule Amendments--Response to Court
Decision and Additional Rule Change,'' on July 1, 2004 (69 FR 40004).
Additional information on the adequacy process for transportation
conformity purposes is available in the proposed rule titled,
``Transportation Conformity Rule Amendments: Response to Court Decision
and Additional Rule Changes,'' 68 FR 38974, 38984 (June 30, 2003).
    As discussed earlier, Indiana's maintenance plan includes
NOX and VOC MVEBs for the Indiana portion of the Chicago
area for 2030 and 2025, the last year of the maintenance period and an
interim year, respectively. EPA has reviewed Indiana's VOC and
NOX MVEBs for the Indiana portion of the Chicago area and,
in this action, is proposing to find them adequate for approval into
the Indiana SIP. Indiana's February 27, 2020 maintenance plan SIP
submission, including the VOC and NOX MVEBs for the Chicago
area, is open for public comment via this proposed rulemaking. The
submitted maintenance plan, which includes the MVEBs, was endorsed by
the Governor's designee and was subject to a state public hearing. The
MVEBs were developed as part of an interagency consultation process
which includes Federal, state, and local agencies. The MVEBs were
clearly identified and precisely quantified. These MVEBs, when
considered together with all other emissions sources, are consistent
with maintenance of the 2008 ozone NAAQS.

                                 Table 6--MVEBs for the Indiana Portion of the Chicago Area 2008 Ozone Maintenance Plan
                                                                       [Tons/year]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                            2025 Mobile                                     2030 Mobile
                                            Attainment    2025 Estimated   safety margin                  2030 Estimated   safety margin
                                           year 2017 on-      on-road       allocation      2025 MVEBs        on-road       allocation      2030 MVEBs
                                          road emissions     emissions       (percent)                       emissions       (percent)
--------------------------------------------------------------------------------------------------------------------------------------------------------
VOC.....................................            6.07            4.91              15            4.94            3.77              15            4.34
NOX.....................................           12.85            8.53              15            9.81            6.62              15            7.61
--------------------------------------------------------------------------------------------------------------------------------------------------------

    As shown in Table 6, the 2025 and 2030 MVEBs exceed the estimated
2025 and 2030 on-road sector emissions. To accommodate future
variations in travel demand models and VMT forecast, Indiana allocated
a portion of the safety margin (described further below) to the mobile
sector. Indiana has demonstrated that with mobile source emissions at
or

below 4.94 tons per summer day (TPSD) and 4.34 TPSD of VOC and 9.81
TPSD and 7.61 TPSD of NOX in 2025 and 2030, respectively,
including partial allocation of the safety margin, emissions will
remain under attainment year emission levels. EPA finds adequate and is
proposing to approve the MVEBs for use to determine transportation
conformity in the area, because EPA has determined that the area can
maintain attainment of the 2008 ozone NAAQS for the relevant
maintenance period with mobile source emissions at the levels of the
MVEBs in conjunction with the levels of the projected emissions
inventories for the upwind areas discussed above.

C. What is a safety margin?

    A ``safety margin'' is the difference between the attainment level
of emissions (from all sources) and the projected level of emissions
(from all sources) in the maintenance plan. As noted in Tables 4 and 5,
the emissions in the Indiana portion of the Chicago area are projected
to have safety margins of 10.63 tons/day for NOX and 1.41
tons/day for VOC in 2030 (the difference between the attainment year,
2017, emissions and the projected 2030 emissions for all sources in the
Indiana portion of the Chicago area). Similarly, there is a safety
margin of 8.02 tons/day for NOX and 0.03 tons/day for VOC in
2025. Even if emissions exceeded projected levels by the full amount of
the safety margin, the counties would still demonstrate maintenance
since emission levels would equal those in the attainment year.
    Indiana is not allocating any of the safety margin to the mobile
source sector. Indiana can request an allocation to the MVEBs of the
available safety margins reflected in the demonstration of maintenance
in a future SIP revision.

VI. Section 182(f) NOX Exemption

    Section 182(f) establishes NOX emission control
requirements for ozone nonattainment areas. It provides that these
emission control requirements, however, do not apply to an area if the
Administrator determines that NOX emission reductions would
not contribute to attainment of the ozone standard. EPA's January 2005
document, ``Guidance on Limiting Nitrogen Oxides Requirements Related
to 8-Hour Ozone Implementation,'' provides guidance for demonstrating
that further NOX reduction in an ozone nonattainment area
will not contribute to ozone attainment. The guidance provides that
three consecutive years of monitoring data showing attainment of the
standard without implementation of section 182(f) NOX
provisions is adequate to demonstrate that ``additional reductions of
oxides of nitrogen would not contribute to attainment . . . .'' CAA
section 182(f)(1)(A). As described in the guidance document, approval
of this type of NOX exemption is contingent on continued
monitored attainment of the standard.
    On January 22, 2020, Indiana submitted a request for a waiver from
the section 182(f) NOX requirements for the Indiana portion
of the Chicago area based on monitoring data for the years 2017-2019
showing attainment of the 2008 ozone standard in the area. Based on
these data, EPA is proposing to approve Indiana's request for an
exemption from the section 182(f) NOX requirements in the
Indiana portion of the Chicago area. Upon final approval of the
NOX waiver, Indiana will not be required to adopt and
implement NOX emission control regulations pursuant section
182(f) for the Indiana portion of the Chicago area to qualify for
redesignation. If the Chicago area violates before redesignation, then
EPA would not be able to finalize approval of a NOX waiver.

VII. Proposed Actions

    EPA is proposing to determine that the Chicago-Naperville, IL-IN-WI
nonattainment area is attaining the 2008 ozone NAAQS, based on quality-
assured and certified monitoring data for 2017-2019. EPA is proposing
to approve Indiana's January 22, 2020 NOX Exemption Request
as meeting the moderate SIP requirements of section 182(f) of the CAA.
EPA is proposing to determine that upon final approval of Indiana's
NOX Exemption Request, the area will have met the
requirements for redesignation under section 107(d)(3)(E) of the CAA.
EPA is proposing to change the legal designation of the Indiana portion
of the Chicago-Naperville, IL-IN-WI area from nonattainment to
attainment for the 2008 ozone NAAQS. EPA is also proposing to approve,
as a revision to the Indiana SIP, the state's maintenance plan for the
area. The maintenance plan is designed to keep the Indiana portion of
the Chicago area in attainment of the 2008 ozone NAAQS through 2030.
Finally, EPA finds adequate and is proposing to approve the newly
established 2025 and 2030 MVEBs for the Indiana portion of the Chicago
area.

VIII. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, 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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     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, 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, this rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because
redesignation is an action that affects the status of a geographical
area and does not impose any new regulatory requirements on tribes,
impact any existing sources of air pollution on tribal lands, nor
impair the maintenance of ozone national ambient air quality standards
in tribal lands.

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Oxides of nitrogen, Ozone,
Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks,
Wilderness areas.

    Dated: April 13, 2020.
Kurt Thiede,
Regional Administrator, Region 5.
[FR Doc. 2020-08031 Filed 4-17-20; 8:45 am]
BILLING CODE 6560-50-P