[Federal Register Volume 76, Number 187 (Tuesday, September 27, 2011)]
[Rules and Regulations]
[Pages 59512-59527]
[FR Doc No: 2011-24373]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2009-0839; FRL-9469-6]

Approval and Promulgation of Air Quality Implementation Plans;
Indiana; Redesignation of the Indianapolis Area to Attainment of the
1997 Annual Standard for Fine Particulate Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving Indiana's request to redesignate the
Indianapolis, Indiana nonattainment area (Hamilton, Hendricks, Johnson,
Marion, and Morgan Counties) to attainment for the 1997 annual National
Ambient Air Quality Standard (NAAQS or standard)

for fine particulate matter (PM2.5), because the request
meets the statutory requirements for redesignation under the Clean Air
Act (CAA). The Indiana Department of Environmental Management (IDEM)
submitted this request to EPA on October 20, 2009 and supplemented it
on May 31, 2011. EPA's approval involves several additional related
actions. EPA is making a determination that the Indianapolis area has
attained the 1997 annual PM2.5 standard. EPA is approving,
as a revision to the Indiana State Implementation Plan (SIP), the
State's plan for maintaining the 1997 annual PM2.5 NAAQS
through 2025 in the area. EPA is approving the 2006 emissions inventory
for the Indianapolis area as meeting the comprehensive emissions
inventory requirement of the CAA. Finally, EPA finds adequate and is
approving Indiana's Nitrogen Oxides (NOX) and
PM2.5 Motor Vehicle Emission Budgets (MVEBs) for 2015 and
2025 for the Indianapolis area.

DATES: This direct final rule will be effective November 28, 2011,
unless EPA receives adverse comments by October 27, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2009-0839, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Doug Aburano, Chief, Control Strategies Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
     Hand Delivery: Doug Aburano, Control Strategies Section,
Air Programs Branch, (AR-18J), U.S. Environmental Protection Agency, 77
West Jackson Boulevard, 18th Floor, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office's normal hours
of operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal
holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2009-0839. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects and viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the U.S. Environmental
Protection Agency, Region 5, Air and Radiation Division, 77 West
Jackson Boulevard, Chicago, Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal
holidays. We recommend that you telephone Kathleen D'Agostino at (312)
886-1767 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental
Scientist, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>, or
<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 actions is EPA taking?
II. What is the background for these actions?
III. What are the criteria for redesignation to attainment?
IV. What is EPA's analysis of the state's request?
    A. Attainment Determination and Redesignation
    B. Adequacy of Indiana's MVEBs
    C. 2006 Comprehensive Emissions Inventory
V. Summary of Actions
VI. Statutory and Executive Order Reviews

I. What actions is EPA taking?

    EPA is making a determination that the Indianapolis area is
attaining the 1997 annual PM2.5 standard and that the area
has met the requirements for redesignation under section 107(d)(3)(E)
of the CAA. EPA is thus approving the request from IDEM to change the
legal designation of the Indianapolis area from nonattainment to
attainment for the 1997 annual PM2.5 NAAQS. EPA is also
taking several additional actions related to Indiana's PM2.5
redesignation request, as discussed below.
    EPA is approving Indiana's PM2.5 maintenance plan for
the Indianapolis area as a revision to the Indiana SIP (such approval
being one of the CAA criteria for redesignation to attainment status).
The maintenance plan is designed to keep the Indianapolis area in
attainment of the 1997 annual PM2.5 NAAQS through 2025.
    EPA is approving 2006 emissions inventories for primary
PM2.5,\1\ NOX, and Sulfur Dioxide
(SO2),\2\ documented in Indiana's May 31, 2011,
PM2.5 redesignation request supplemental submittal. These
emissions inventories satisfy the requirement in section 172(c)(3) of
the CAA for a comprehensive, current emission inventory.
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    \1\ Fine particulates directly emitted by sources and not formed
in a secondary manner through chemical reactions or other processes
in the atmosphere.
    \2\ NOX and SO2 are precursors for fine
particulates formed through chemical reactions and other related
processes in the atmosphere.
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    Finally, EPA finds adequate and is approving 2015 and 2025 primary
PM2.5 and NOX MVEBs for the Indianapolis area.
These MVEBs will be used in future transportation conformity analyses
for the area.

II. What is the background for these actions?

    The first air quality standards for PM2.5 were
promulgated on July 18, 1997, at 62 FR 38652. EPA promulgated an annual
standard at a level of 15 micrograms per cubic meter ([micro]g/m\3\) of
ambient air, based on a three-year average of the annual mean
PM2.5

concentrations at each monitoring site. In the same rulemaking, EPA
promulgated a 24-hour PM2.5 standard at 65 [micro]g/m\3\,
based on a three-year average of the annual 98th percentile of 24-hour
PM2.5 concentrations at each monitoring site.
    On January 5, 2005, at 70 FR 944, EPA published air quality area
designations and classifications for the 1997 annual PM2.5
standard based on air quality data for calendar years 2001-2003. In
that rulemaking, EPA designated the Indianapolis, IN area as
nonattainment for the 1997 annual PM2.5 standard.
    On October 17, 2006, at 71 FR 61144, EPA retained the annual
PM2.5 standard at 15 [micro]g/m\3\ (2006 annual
PM2.5 standard), but revised the 24-hour standard to 35
[micro]g/m\3\, based again on the three-year average of the annual 98th
percentile of the 24-hour PM2.5 concentrations. In response
to legal challenges of the 2006 annual PM2.5 standard, the
U.S. Court of Appeals for District of Columbia Circuit (D.C. Circuit)
remanded this standard to EPA for further consideration. See American
Farm Bureau Federation and National Pork Producers Council, et al. v.
EPA, 559 F.3d 512 (D.C. Cir. 2009). However, given that the 1997 and
2006 annual PM2.5 standards are essentially identical,
attainment of the 1997 annual PM2.5 standard would also
indicate attainment of the remanded 2006 annual standard. Since the
Indianapolis area is designated as nonattainment only for the 1997
annual PM2.5 standard, today's proposed action addresses
redesignation to attainment only for this standard.
    Fine particulate pollution can be emitted directly from a source
(primary PM2.5) or formed secondarily through chemical
reactions in the atmosphere involving precursor pollutants emitted from
a variety of sources. Sulfates are a type of secondary particulate
formed from SO2 emissions from power plants and industrial
facilities. Nitrates, another common type of secondary particulate, are
formed from combustion of NOX emissions from power plants,
mobile sources, and other combustion sources.

III. What are the criteria for redesignation to attainment?

    The CAA sets forth the requirements for redesignating a
nonattainment area to attainment. Specifically, section 107(d)(3)(E) of
the CAA allows redesignation provided that: (1) The Administrator
determines that the area has attained the applicable NAAQS; (2) the
Administrator has fully approved the applicable SIP 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 the implementation of the
applicable SIP, Federal emission control regulations, and other
permanent and enforceable emission reductions; (4) the Administrator
has fully approved a maintenance plan for the area 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 purposes
of redesignation under section 110 and part D of the CAA.

IV. What is EPA's analysis of the state's request?

A. Attainment Determination and Redesignation

    EPA is making a determination that the Indianapolis area has
attained the 1997 annual PM2.5 standard and that the area
has met all other applicable redesignation criteria under CAA section
107(d)(3)(E). The basis for EPA's approval of the redesignation request
is as follows:
1. The Area Has Attained the 1997 Annual PM2.5 NAAQS
(Section 107(d)(3)(E)(i))
    EPA is making a determination that the Indianapolis area has
attained the 1997 annual PM2.5 NAAQS. An area may be
considered to be attaining the 1997 annual PM2.5 NAAQS if
there are no violations, as determined in accordance with 40 CFR 50.7
and part 50, Appendix N, based on three complete consecutive calendar
years of quality-assured air quality monitoring data. To attain this
standard, the three-year average of annual means must not exceed 15.0
[mu]g/m\3\ at all relevant monitoring sites in the subject area. Under
40 CFR part 50, Appendix N 4.1, a year of PM2.5 data meets
completeness requirements when ``at least 75 percent of the scheduled
sampling days for each quarter has valid data.''
    The redesignation request includes monitoring data showing
attainment of the standard for the 2006-2008, 2007-2009, and 2008-2010
time periods. All of the PM2.5 monitors in the Indianapolis
area are located in Marion County. Table 1, below, provides a summary
of the PM2.5 annual air quality monitoring data for the
years 2006-2010. Table 2, below, provides the three-year average of
annual means for the 2006-2008, 2007-2009, and 2008-2010 time periods.

                                        Table 1--PM2.5 Annual Mean PM2.5 Concentrations for the Indianapolis Area
                                                                     [[micro]g/m\3\]
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                                                                                Yearly annual mean
                            Monitor                            -----------------------------------------------------------------------------------------
                                                                      2006              2007              2008              2009              2010
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Indianapolis--Washington Park 180970078.......................             14.14             15.66             13.02             12.11             12.86
Indianapolis--W. 18th Street 180970081........................             14.12             16.07             13.75             12.96             14.03
Indianapolis--E. Michigan Street 180970083....................             14.15             15.93             13.17             12.40             13.91
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          Table 2--Three-Year Average of the Annual Mean PM2.5 Concentrations for the Indianapolis Area
                                                 [[micro]g/m\3\]
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                          Monitor                               2006-2008         2007-2009         2008-2010
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Indianapolis--Washington Park 180970078...................              14.3              13.6              12.7
Indianapolis--E. 75th Street 180970081....................              14.6              14.3              13.6
Indianapolis--E. Michigan Street 180970083................              14.4              13.8              13.2
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    The data in tables 1 and 2 show that all relevant PM2.5
monitors in the Indianapolis PM2.5 nonattainment area have
recorded PM2.5 concentrations attaining the 1997 annual
PM2.5 standard during the 2006-2008, 2007-2009, and 2008-
2010 time periods. These annual average PM2.5 concentrations
are based on complete PM2.5 monitoring data that have been
quality-assured and stored in EPA's Air Quality System (AQS) database.
Therefore, EPA concludes that the Indianapolis area has attained the
1997 PM2.5 standard. Preliminary data available for 2011 are
consistent with continued attainment.
2. The Area Has Met All Applicable Requirements Under Section 110 and
Part D; and the Area Has a Fully Approved SIP Under Section 110(k)
(Sections 107(d)(3)(E)(v) and 107(d)(3)(E)(ii))
    We have determined that Indiana's SIP meets all applicable SIP
requirements for purposes of redesignation for the Indianapolis area
under section 110 of the CAA (general SIP requirements) and all SIP
requirements currently applicable for purposes of redesignation under
part D of Title I of the CAA, in accordance with section
107(d)(3)(E)(v). In addition, with the exception of the emissions
inventory under section 172(c)(3), we have approved all applicable
requirements of the Indiana SIP for purposes of redesignation, in
accordance with section 107(d)(3)(E)(ii). As discussed below, in this
action EPA is approving Indiana's 2006 emissions inventory as meeting
the section 172(c)(3) comprehensive emissions inventory requirement.
    In making these determinations, we have ascertained which SIP
requirements are applicable to the area for purposes of redesignation,
and have determined that there are SIP measures meeting those
requirements and that they are fully approved under section 110(k) of
the CAA.
a. The Indianapolis Area Has Met All Applicable Requirements for
Purposes of Redesignation Under Section 110 and Part D of the CAA
i. Section 110 General SIP Requirements
    Section 110(a) of Title I of the CAA contains the general
requirements for a SIP. Section 110(a)(2) provides that the
implementation plan submitted by a state must have been adopted by the
state after reasonable public notice and hearing, and, among other
things, must: Include enforceable emission limitations and other
control measures, means or techniques necessary to meet the
requirements of the CAA; provide for establishment and operation of
appropriate devices, methods, systems, and procedures necessary to
monitor ambient air quality; provide for implementation of a source
permit program to regulate the modification and construction of any
stationary source within the areas covered by the plan; include
provisions for the implementation of part C, Prevention of Significant
Deterioration (PSD) and part D, New Source Review (NSR) permit
programs; include criteria for stationary source emission control
measures, monitoring, and reporting; include provisions for air quality
modeling; and provide for public and local agency participation in
planning and emission control rule development.
    Section 110(a)(2)(D) of the CAA requires that SIPs contain measures
to prevent sources in a state from significantly contributing to air
quality problems in another state. EPA holds that the requirements
linked with a particular nonattainment area's designation are the
relevant measures to evaluate in reviewing a redesignation request. The
transport SIP submittal requirements, where applicable, continue to
apply to a state regardless of the designation of any one particular
area in the state. Thus, we conclude that these requirements should not
be construed to be applicable requirements for purposes of
redesignation.
    Further, we conclude the other section 110 elements described above
that are not connected with nonattainment plan submissions and not
linked with an area's attainment status are also not applicable
requirements for purposes of redesignation. A state remains subject to
these requirements after an area is redesignated to attainment. We
conclude that only the section 110 and part D requirements that are
linked with a particular area's designation are the relevant measures
which we may consider in evaluating a redesignation request. This
approach is consistent with EPA's existing policy on applicability of
conformity and oxygenated fuels requirements for redesignation
purposes, 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 on this issue in the Cincinnati, Ohio 1-hour ozone
redesignation (65 FR 37890, June 19, 2000), and in the Pittsburgh,
Pennsylvania 1-hour 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
they are applicable for purposes of redesignation. EPA has previously
approved provisions of the Indiana SIP addressing section 110
requirements (including provisions addressing particulate matter) at 40
CFR 52.770. On December 7, 2007, September 9, 2008, March 23, 2011, and
April 7, 2011, Indiana made submittals addressing ``infrastructure
SIP'' elements required by section 110(a)(2) of the CAA. EPA approved
elements of Indiana's submittals on July 13, 2011, at 76 FR 41075. The
requirements of section 110(a)(2), however, are statewide requirements
that are not linked to the PM2.5 nonattainment status of the
Indianapolis area. Therefore, EPA believes that these SIP elements are
not applicable requirements for purposes of review of the State's
PM2.5 redesignation request.
ii. Part D Requirements
    EPA has determined that, upon approval of the base year emissions
inventories discussed in section IV.C. of this rulemaking, the Indiana
SIP will meet the applicable SIP requirements for the Indianapolis area
applicable for purposes of redesignation under part D of the CAA.
Subpart 1 of part D, found in sections 172-176 of the CAA, sets forth
the basic nonattainment requirements applicable to all nonattainment
areas.
Subpart 1 Section 172 Requirements
    For purposes of evaluating this redesignation request, the
applicable section 172 SIP requirements for the Indianapolis area are
contained in sections 172(c)(1)-(9). A thorough discussion of the
requirements contained in section 172 can be found in the General
Preamble for Implementation of Title I (57 FR 13498, April 16, 1992).
    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. EPA interprets this requirement to
impose a duty on all nonattainment areas to consider all available
control measures and to adopt and implement such measures as are
reasonably available for implementation

in each area as components of the area's attainment demonstration.
Because attainment has been reached, 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 51.1004(c).
    The Reasonable Further Progress (RFP) requirement under section
172(c)(2) is defined as progress that must be made toward attainment.
This requirement is not relevant for purposes of redesignation because
the Indianapolis area has monitored attainment of the 1997 annual
PM2.5 NAAQS. Id. The requirement to submit the section
172(c)(9) contingency measures is similarly not applicable for purposes
of redesignation. Id.
    Section 172(c)(3) requires submission and approval of a
comprehensive, accurate, and current inventory of actual emissions.
Indiana submitted a 2006 base year emissions inventory along with the
redesignation request. As discussed below in section IV.C., EPA is
approving the 2006 base year inventory as meeting the section 172(c)(3)
emissions inventory requirement for the Indianapolis area.
    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 approved Indiana's current NSR
program on October 7, 1994 (59 FR 51108). Nonetheless, since PSD
requirements will apply after redesignation, the area need not have a
fully-approved NSR program for purposes of redesignation, provided that
the area demonstrates maintenance of the NAAQS without part D NSR. A
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 Indianapolis area will be able to maintain the standard without
part D NSR in effect; therefore, the State need not have a fully
approved part D NSR program prior to approval of the redesignation
request. The State's PSD program will become effective in the
Indianapolis area upon redesignation to attainment. 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).
    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 find that the
Indiana SIP meets the section 110(a)(2) requirements applicable for
purposes of redesignation.
Subpart 1 Section 176 Conformity Requirements
    Section 176(c) of the CAA requires states to establish criteria and
procedures to ensure that Federally-supported or funded activities,
including highway projects, conform to the air quality planning goals
in the applicable SIPs. The requirement to determine conformity applies
to transportation plans, programs, and projects developed, funded, or
approved under Title 23 of the U.S. Code and the Federal Transit Act
(transportation conformity) as well as to all other Federally-supported
or funded projects (general conformity). State transportation
conformity regulations must be consistent with Federal conformity
regulations relating to consultation, enforcement, and enforceability,
which EPA promulgated pursuant to CAA requirements.
    EPA approved Indiana's general and transportation conformity SIPs
on January 14, 1998 (63 FR 2146) and August 17, 2010 (75 FR 50730),
respectively. Section 176(c) of the CAA was amended by provisions
contained in the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users (SAFETEALU), which was signed into law
on August 10, 2005 (Public Law 109-59). In adopting this revision to
the CAA, Congress streamlined the requirements for state conformity
SIPs. Indiana is in the process of updating its transportation
conformity SIP to meet these new requirements.
    Indiana has submitted on-road MVEBs for the Indianapolis area of
353.40 tons per year (tpy) and 317.86 tpy primary PM2.5 and
14,956.79 tpy and 8,839.80 tpy NOX for the years 2015 and
2025, respectively. The area must use the MVEBs from the maintenance
plan in any conformity determination that is made on or after the
effective date of the adequacy finding and maintenance plan approval.
b. The Indianapolis Area Has a Fully Approved Applicable SIP Under
Section 110(k) of the CAA
    Upon final approval of Indiana's comprehensive 2006 emissions
inventory, EPA will have fully approved the Indiana SIP for the
Indianapolis area under section 110(k) of the CAA for all requirements
applicable for purposes of redesignation. EPA may rely on prior SIP
approvals in approving a redesignation request (See page 3 of the
September 4, 1992, memorandum from John Calcagni, entitled ``Procedures
for Processing Requests to Redesignate Areas to Attainment'';
Southwestern Pennsylvania Growth Alliance v. Browner, 144 F.3d 984,
989-990 (6th Cir. 1998); Wall v. EPA, 265 F.3d 426 (6th Cir. 2001))
plus any additional measures it may approve in conjunction with a
redesignation action. See 68 FR 25413, 25426 (May 12, 2003). Since the
passage of the CAA of 1970, Indiana has adopted and submitted, and EPA
has fully approved, provisions addressing various required SIP elements
under particulate matter standards. In this action, EPA is approving
Indiana's 2006 base year emissions inventory for the Indianapolis area
as meeting the requirement of section 172(c)(3) of the CAA. No
Indianapolis area SIP provisions are currently disapproved,
conditionally approved, or partially approved.
3. The Improvement in Air Quality Is Due to Permanent and Enforceable
Reductions in Emissions Resulting From Implementation of the SIP and
Applicable Federal Air Pollution Control Regulations and Other
Permanent and Enforceable Reductions (Section 107(d)(3)(E)(iii))
    EPA finds that Indiana has demonstrated that the observed air
quality improvement in the Indianapolis area is due to permanent and
enforceable reductions in emissions resulting from implementation of
the SIP, Federal measures, and other state-adopted measures.
    In making this showing, IDEM has calculated the change in emissions
between 2002, one of the years used as a basis for designating the
Indianapolis area as nonattainment, and 2008, one of the years in the
period during which the Indianapolis area monitored attainment. 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 Indianapolis

area and upwind areas have implemented in recent years.
a. Permanent and Enforceable Controls Implemented
    The following is a discussion of permanent and enforceable measures
that have been implemented in the areas:
i. Federal Emission Control Measures
    Reductions in fine particle precursor 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. These emission control requirements result in lower volatile
organic compound (VOC), NOX, and SO2 emissions
from new cars and light duty trucks, including sport utility vehicles.
The Federal rules were phased in between 2004 and 2009. The EPA has
estimated that, by the end of the phase-in period, the following
vehicle NOX emission reductions will occur nationwide:
Passenger cars (light duty vehicles) (77 percent); light duty trucks,
minivans, and sports utility vehicles (86 percent); and larger sports
utility vehicles, vans, and heavier trucks (69 to 95 percent). Some of
the emissions reductions resulting from new vehicle standards occurred
during the 2008-2010 attainment period; however additional reductions
will continue to occur throughout the maintenance period as new
vehicles replace older vehicles. The Tier 2 standards also reduced the
sulfur content of gasoline to 30 parts per million (ppm) beginning in
January 2006. Most gasoline sold in Indiana prior to January 2006 had a
sulfur content of about 500 ppm.
    Heavy-Duty Diesel Engine Rule. This rule, which EPA issued in July
2000, limited the sulfur content of diesel fuel beginning in 2004. A
second phase took effect in 2007 which reduced fine particle emissions
from heavy-duty highway engines and further reduced the highway diesel
fuel sulfur content to 15 ppm. The total program is estimated to
achieve a 90 percent reduction in primary PM2.5 emissions
and a 95 percent reduction in NOX emissions for these new
engines using low sulfur diesel, compared to existing engines using
higher sulfur content diesel. The reductions in fuel sulfur content
occurred by the 2008-2010 attainment period. Some of the emissions
reductions resulting from new vehicle standards occurred during the
2008-2010 attainment period, however additional reductions will
continue to occur throughout the maintenance period as the fleet of
older heavy duty diesel engines turns over. The reduction in fuel
sulfur content also yielded an immediate reduction in sulfate particle
emissions from all diesel vehicles.
    Nonroad Diesel Rule. In May 2004, EPA promulgated a new rule for
large nonroad diesel engines, such as those used in construction,
agriculture, and mining equipment, which established engine emission
standards to be phased in between 2008 and 2014. The rule also required
reductions to the sulfur content in nonroad diesel fuel by over 99
percent. Prior to 2006, nonroad diesel fuel averaged approximately
3,400 ppm sulfur. This rule limited nonroad diesel sulfur content to
500 ppm by 2006, with a further reduction to 15 ppm, by 2010. The
combined engine and fuel rules will reduce NOX and PM
emissions from large nonroad diesel engines by over 90 percent,
compared to current nonroad engines using higher sulfur content diesel.
The reduction in fuel sulfur content yielded an immediate reduction in
sulfate particle emissions from all diesel vehicles. In addition, some
emissions reductions from the new engine emission standards were
realized over the 2008-2010 time period, although most of the
reductions will occur over the maintenance period as the fleet of older
nonroad diesel engines turns over.
    Nonroad Large Spark-Ignition Engine and Recreational Engine
Standards. In November 2002, EPA promulgated emission standards for
groups of previously unregulated nonroad engines. These engines include
large spark-ignition engines such as those used in forklifts and
airport ground-service equipment; recreational vehicles using spark-
ignition engines such as off-highway motorcycles, all-terrain vehicles,
and snowmobiles; and recreational marine diesel engines. Emission
standards from large spark-ignition engines were implemented in two
tiers, with Tier 1 starting in 2004 and Tier 2 in 2007. Recreational
vehicle emission standards are being phased in from 2006 through 2012.
Marine Diesel engine standards were phased in from 2006 through 2009.
With full implementation of all of the nonroad spark-ignition engine
and recreational engine standards, an overall 72 percent reduction in
VOC, 80 percent reduction in NOX and 56 percent reduction in
carbon monoxide (CO) emissions are expected by 2020. Some of these
emission reductions occurred by the 2008-2010 attainment period and
additional emission reductions will occur during the maintenance period
as the fleet turns over.
ii. Control Measures in Upwind Areas
    Given the significance of sulfates and nitrates in the Indianapolis
area, the area's air quality is strongly affected by regulation of
SO2 and NOX emissions from power plants.
    NOX SIP Call.On October 27, 1998 (63 FR 57356), EPA
issued a NOX SIP Call requiring the District of Columbia and
22 states to reduce emissions of NOX. Affected states were
required to comply with Phase I of the SIP Call beginning in 2004, and
Phase II beginning in 2007. Emission reductions resulting from
regulations developed in response to the NOX SIP Call are
permanent and enforceable.
    Clean Air Interstate Rule (CAIR). EPA proposed CAIR on January 30,
2004, at 69 FR 4566, promulgated CAIR on May 12, 2005, at 70 FR 25162,
and promulgated associated Federal Implementation Plans (FIPs) on April
28, 2006, at 71 FR 25328, in order to reduce SO2 and
NOX emissions and improve air quality in many areas across
Eastern United States. However, on July 11, 2008, the United States
Court of Appeals for the District of Columbia Circuit vacated and
remanded both CAIR and the associated CAIR FIPs in their entirety. See
North Carolina v. EPA, 531 F.3d 836 (D.C. Cir. 2008). EPA petitioned
for a rehearing, and the D.C. Circuit issued an order remanding CAIR
and the CAIR FIPs to EPA without vacatur. See North Carolina v. EPA,
550 F.3d 1176 (D.C. Cir. 2008). The D.C. Circuit, thereby, left CAIR in
place in order to ``temporarily preserve the environmental values
covered by CAIR'' until EPA replaced it with a rule consistent with the
Court's opinion. Id. at 1178. The court directed EPA to ``remedy CAIR's
flaws'' consistent with the July 11, 2008, opinion, but declined to
impose a schedule on EPA for completing this action. Id).
    On August 8, 2011, at 76 FR 48208, EPA promulgated the Cross-State
Air Pollution Rule (CSAPR) to address interstate transport of emissions
and resulting secondary air pollutants and to replace CAIR. The CAIR,
among other things, required NOX emission reductions that
contributed to the air quality improvement in the Indianapolis
nonattainment area. The CAIR emission reduction requirements limit
emissions through 2011; CSAPR requires similar or greater emission
reductions in the relevant areas in 2012 and beyond. CSAPR requires
substantial reductions of SO2 and NOX emissions
from Electric Generating Units (EGUs or power plants) across most of
Eastern United

States, with implementation beginning on January 1, 2012. In
particular, this rule requires reduction of these emissions to levels
well below the levels that led to attainment of the 1997 annual
PM2.5 standard in the Indianapolis nonattainment area. Thus
the emission reductions that are mandated first by CAIR and then by
CSAPR may be considered to be permanent and enforceable. In turn, the
air quality improvement in the Indianapolis nonattainment area that has
resulted from EGU emission reductions to date (as well as the
substantial further air quality improvement that would be expected to
result from full implementation of CSAPR) may also be considered to be
permanent and enforceable.
b. Emission Reductions
    Indiana developed emissions inventories for NOX, primary
PM2.5, and SO2 for 2002, one of the years used to
designate the areas as nonattainment, and 2008, one of the years the
Indianapolis area monitored attainment of the standard.
    EGU SO2 and NOX emissions were derived from
EPA's Clean Air Market's acid rain database. These emissions reflect
implementation of the acid rain program and EPA's NOX SIP
call. The 2008 emissions also reflect implementation of CAIR. All other
point source emissions were obtained from Indiana's source facility
emissions reporting.
    Area source emissions for the Indianapolis area for 2002 and 2005
were taken from Indiana's 2002 and 2005 periodic emissions
inventories.\3\ The 2005 periodic emission inventory area source
emissions were extrapolated to 2008. Source growth factors were
supplied by the Lake Michigan Air Directors Consortium (LADCO).
---------------------------------------------------------------------------

    \3\ Periodic emission inventories are derived by states every
three years and reported to EPA. These periodic emission inventories
are required by the Federal Consolidated Emissions Reporting Rule,
codified at 40 CFR Subpart A. EPA revised these and other emission
reporting requirements in a final rule published on December 17,
2008, at 73 FR 76539.
---------------------------------------------------------------------------

    Nonroad mobile source emissions were extrapolated from nonroad
mobile source emissions reported in EPA's 2005 National Emissions
Inventory (NEI). Contractors were employed by LADCO to estimate
emissions for commercial marine vessels and railroads.
    On-road mobile source emissions were calculated using EPA's mobile
source emission factor model, MOBILE6.2.
    Note that all emissions discussed below were documented in
appendices B through E of Indiana's May 31, 2011, redesignation request
submittal. For these data and additional emissions inventory data,
please go to EPA's digital docket for this proposed rule, http://www.regulations.gov, which includes a digital copy of Indiana's May 31,
2011, submittal.
    Emissions data are shown in tables 3 through 5 below.

    Table 3--Comparison of 2002 and 2008 NOX Emission Totals by Source Sector (tpy) for the Indianapolis Area
----------------------------------------------------------------------------------------------------------------
                                                                                NOX
                                                           -----------------------------------------------------
                          Sector                                                                Net change 2002-
                                                                  2002              2008              2008
----------------------------------------------------------------------------------------------------------------
Point.....................................................          8,045.92          6,259.45         -1,786.47
EGU.......................................................         12,388.02          7,183.98         -5,204.04
Area......................................................          5,518.12          4,885.91           -632.21
Nonroad...................................................         11,973.65         10,953.68         -1,019.97
On-road...................................................         38,059.50         21,494.74        -16,564.76
                                                           -----------------------------------------------------
    Total.................................................         75,985.21         50,777.76        -25,207.45
----------------------------------------------------------------------------------------------------------------

 Table 4--Comparison of 2002 and 2008 Primary PM2.5 Emission Totals by Source Sector (tpy) for the Indianapolis
                                                      Area
----------------------------------------------------------------------------------------------------------------
                                                                                Direct PM2.5
                                                           -----------------------------------------------------
                          Sector                                                                Net change 2002-
                                                                  2002              2008              2008
----------------------------------------------------------------------------------------------------------------
Point.....................................................            653.57            843.05            189.48
EGU.......................................................            110.66          1,966.49          1,855.83
Area......................................................          2,934.93             85.36         -2,849.57
Nonroad...................................................            847.73            805.42            -42.31
On-road...................................................            670.50            403.67           -266.83
                                                           -----------------------------------------------------
    Total.................................................          5,217.39          4,103.99         -1,113.40
----------------------------------------------------------------------------------------------------------------

    Table 5--Comparison of 2002 and 2008 SO2 Emission Totals by Source Sector (tpy) for the Indianapolis Area
----------------------------------------------------------------------------------------------------------------
                                                                                SO2
                                                           -----------------------------------------------------
                          Sector                                                                Net change 2002-
                                                                  2002              2008              2008
----------------------------------------------------------------------------------------------------------------
Point.....................................................          4,835.58          2,415.94         -2,419.64
EGU.......................................................         68,148.53         38,027.05        -30,121.48
Area......................................................          8,676.35          1,830.02         -6,846.33

Nonroad...................................................          1,121.00            576.13           -544.87
On-road...................................................          1,219.50            653.54           -565.96
                                                           -----------------------------------------------------
    Total.................................................         84,000.96         43,502.68        -40,498.28
----------------------------------------------------------------------------------------------------------------

Table 3 shows that the Indianapolis area reduced NOX
emissions by 25,207.45 tpy between 2002 and 2008. Table 4 shows that
the Indianapolis area reduced direct PM2.5 emissions by
1,113.40 tpy between 2002 and 2008. Table 5 shows that the Indianapolis
area reduced SO2 emissions by 40,498.28 tpy between 2002 and
2008.

    Because PM2.5 concentrations in the Indianapolis area
are significantly impacted by the transport of sulfates and nitrates,
the area's air quality is strongly affected by regulation of
SO2 and NOX emissions from power plants. Table 6,
below, presents actual statewide EGU emissions data compiled by EPA's
Clean Air Markets Division for the years 2002 and 2008. Emissions for
2002 reflect implementation of the acid rain program while emissions
for 2008 also reflect reductions implemented under CAIR. This table
shows emissions for all states that, according to modeling conducted
for the final CSAPR, are estimated to contribute at least 0.15 [mu]g/
m\3\ to Indianapolis area annual average PM2.5
concentrations in the absence of CAIR or CSAPR. (See http://epa.gov/crossstaterule/pdfs/CSAPR_Ozone%20and%20PM2.5_Contributions.xls.)

                Table 6--Comparison of 2002 and 2008 Statewide EGU NOX and SO2 Emissions (tpy) for States Impacting the Indianapolis Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                NOX                                             SO2
                                                         -----------------------------------------------------------------------------------------------
                          State                                                             Net change                                      Net change
                                                               2002            2008          2002-2008         2002            2008          2002-2008
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama.................................................         161,559         112,625         -48,934         448,248         357,547         -90,701
Illinois................................................         174,247         119,930         -54,317         353,699         257,357         -96,342
Indiana.................................................         281,146         190,092         -91,054         778,868         565,459        -213,409
Iowa....................................................          78,956          49,023         -29,933         127,847         109,293         -18,554
Kentucky................................................         198,599         157,903         -40,696         482,653         344,356        -138,297
Michigan................................................         132,623         107,624         -25,000         342,999         326,501         -16,498
Missouri................................................         139,799          88,742         -51,057         235,532         258,269          22,737
Ohio....................................................         370,497         235,049        -135,448       1,132,069         709,444        -422,625
Pennsylvania............................................         200,909         183,658         -17,251         889,766         831,915         -57,851
Tennessee...............................................         155,996          85,641         -70,356         336,995         208,069        -128,926
West Virginia...........................................         225,371          99,484        -125,887         507,110         301,574        -205,536
Wisconsin...............................................          88,970          47,794         -41,175         191,257         129,694         -61,563
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................       2,208,672       1,477,564        -731,108       5,827,042       4,399,478      -1,427,564
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Table 6 shows that states impacting the Indianapolis area reduced
NOX and SO2 emissions from EGUs by 731,108 tpy
and 1,427,564 tpy, respectively, between 2002 and 2008.
    Based on the information summarized above, Indiana has adequately
demonstrated that the improvement in air quality is due to permanent
and enforceable emissions reductions.
4. The Area Has a Fully Approved Maintenance Plan Pursuant to Section
175A of the CAA (Section 107(d)(3)(E)(iv))
    In conjunction with Indiana's request to redesignate the
Indianapolis nonattainment area to attainment status, IDEM submitted a
SIP revision to provide for maintenance of the 1997 annual
PM2.5 NAAQS in the area through 2025.
a. What is required in a maintenance plan?
    Section 175A of the CAA sets forth the required elements of a
maintenance plan for areas seeking redesignation from nonattainment to
attainment. Under section 175A, the plan must demonstrate continued
attainment of the applicable NAAQS for at least ten years after EPA
approves a redesignation to attainment. Eight years after
redesignation, the state must submit a revised maintenance plan which
demonstrates that attainment will continue to be maintained for ten
years following the initial ten-year maintenance period. To address the
possibility of future NAAQS violations, the maintenance plan must
contain contingency measures with a schedule for implementation as EPA
deems necessary to assure prompt correction of any future
PM2.5 violations.
    The September 4, 1992, John Calcagni memorandum provides additional
guidance on the content of a maintenance plan. The memorandum states
that a maintenance plan should address the following items: the
attainment emissions inventories, a maintenance demonstration showing
maintenance for the ten years of the maintenance period, a commitment
to maintain the existing monitoring network, factors and procedures to
be used for verification of continued attainment of the NAAQS, and a
contingency plan to prevent or correct future violations of the NAAQS.

b. Attainment Inventory
    The IDEM developed emissions inventories for NOX, direct
PM2.5, and SO2 for 2008, one of the years used to
demonstrate monitored attainment of the 1997 annual PM2.5
standard, as described in section IV.A.3.b., above. The attainment
level of emissions is summarized in tables 2 through 4, above.
c. Demonstration of Maintenance
    Along with the redesignation request, IDEM submitted revisions to
the Indiana PM2.5 SIP to include a maintenance plan for the
Indianapolis area, as required by section 175A of the CAA. This
demonstration shows maintenance of the annual PM2.5 standard
through 2025 by showing that current and future emissions of
NOX, direct PM2.5 and SO2 for the area
remain at or below attainment year emission levels. A maintenance
demonstration may be based on such an emissions inventory approach. 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 inventory projections for the years
2015, 2020, and 2025 to demonstrate maintenance. The projected
emissions were estimated by IDEM, with assistance from LADCO, and the
Indianapolis Metropolitan Planning Organization.
    As noted above, IDEM and others estimating mobile source emissions
for the Indianapolis area have used EPA's MOBILE6.2 mobile source
emission factor model to estimate mobile source emissions in both the
October 20, 2009, submittal and the May 31, 2011, submittal rather than
MOVES to estimate mobile source emissions.\4\ EPA is proposing to
approve Indiana's continued use of MOBILE6.2 in this maintenance plan.
Air quality data indicate that the area has attained the 1997
PM2.5 annual standard, and large emission reductions are
expected in this area and in upwind areas in the coming years, which
will maintain the 1997 PM2.5 annual standard during the
maintenance period. If MOVES had been used to estimate on-road mobile
source emissions, we believe it would not have changed this conclusion.
---------------------------------------------------------------------------

    \4\ MOVES2010a is EPA's most recent model for estimating on-road
mobile source emissions. MOVES was officially released for use in
SIPs and regional transportation conformity determinations on March
2, 2010, at 75 FR 9411.
---------------------------------------------------------------------------

    In addition, the recent, May 31, 2011, submittal only extended the
maintenance period by five years from the maintenance period documented
in the October 20, 2009, submittal, and it was not necessary for the
newer submittal to revisit earlier years of the maintenance period.
This extension of the maintenance period was necessary because: (1) EPA
could not act on the original submittal at an earlier date due to
issues related to the remand of CAIR; and, (2) Indiana, subsequently,
needed to extend the maintenance period to meet CAA maintenance
demonstration requirements. Further, consistent with documentation for
Question 5 in EPA's ``Policy Guidance on the Use of MOVES2010 for State
Implementation Plan Development, Transportation Conformity, and Other
Purposes'' (the MOVES guidance) (http://www.epa.gov/otaq/models/moves/420b09046.pdf), we have concluded that, since the bulk of the work on
the maintenance plan was performed in 2009, before MOVES was released,
the continued use of MOBILE6.2 in the maintenance plan is warranted.
Even the supplemental work performed by Indiana to support the May 31,
2011, revision was done relatively soon after MOVES was officially
released for use in SIPs on March 2, 2010, at 75 FR 9411. Based on
these factors, we have concluded that Indiana's continued use of
MOBILE6.2 is justified. In addition, the continued use of MOBILE6.2
avoids an adverse impact on State resources as also described in the
documentation for Question 5 of the MOVES guidance.
    As discussed in section IV.3.a. above, many of the control programs
that helped to bring the area into attainment of the standard will
continue to achieve additional emission reductions over the maintenance
period. These control programs include Tier 2 emission standards for
vehicles and gasoline sulfur standards, the heavy-duty diesel engine
rule, the nonroad diesel rule, and the nonroad large spark-ignition
engine and recreation engine standards. In addition, implementation of
CSAPR will result in further reductions in SO2 and
NOX emissions over the maintenance period. Emissions data
for all sources by source sector are shown in tables 7 through 9,
below.

                 Table 7--Comparison of 2008, 2015, 2020, and 2025 NOX Emission Totals by Source Sector (tpy) for the Indianapolis Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                NOX
                                                               -----------------------------------------------------------------------------------------
                            Sector                                                                                Net change 2008-
                                                                      2008              2015              2020              2025              2025
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point.........................................................          6,259.45          6,267.98          6,182.66          6,098.76           -160.69
EGU...........................................................          7,183.98          6,864.90          6,864.17          6,863.44           -320.54
Area..........................................................          4,885.91          4,808.82          4,726.75          4,646.40           -239.51
Nonroad.......................................................         10,953.68          7,146.72          4,961.21          3,544.70         -7,408.98
On-road.......................................................         21,494.74         12,259.66          9,752.70          7,245.74        -14,249.00
                                                               -----------------------------------------------------------------------------------------
    Total.....................................................         50,777.76         37,348.08         32,487.49         28,399.04        -22,378.72
--------------------------------------------------------------------------------------------------------------------------------------------------------

             Table 8--Comparison of 2008, 2015, 2020, and 2025 Direct PM2.5 Emission Totals by Source Sector (tpy) for the Indianapolis Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Direct PM2.5
                                                               -----------------------------------------------------------------------------------------
                            Sector                                                                                Net change 2008-
                                                                      2008              2015              2020              2025              2025
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point.........................................................            843.05            822.74            806.17            790.01            -53.04
EGU...........................................................          1,966.49          2,567.84          2,567.83          2,567.81            601.32
Area..........................................................             85.36             81.77             78.97             76.30             -9.06

Nonroad.......................................................            805.42            537.76            384.01            281.52           -523.90
On-road.......................................................            403.67            289.67            275.11            260.54           -143.13
                                                               -----------------------------------------------------------------------------------------
    Total.....................................................          4,103.99          4,299.78          4,112.09          3,976.18           -127.81
--------------------------------------------------------------------------------------------------------------------------------------------------------

                 Table 9--Comparison of 2008, 2015, 2020, and 2025 SO2 Emission Totals by Source Sector (tpy) for the Indianapolis Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                SO2
                                                               -----------------------------------------------------------------------------------------
                            Sector                                                                                Net change 2008-
                                                                      2008              2015              2020              2025              2025
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point.........................................................          2,415.94          1,631.65          1,604.91          1,578.72           -837.22
EGU...........................................................         38,027.05         28,314.66         28,314.44         28,314.22         -9,712.83
Area..........................................................          1,830.02          1,778.03          1,731.62          1,686.72           -143.30
Nonroad.......................................................            576.13            165.61             89.31             56.66           -519.47
On-road.......................................................            653.54            498.20            531.68            565.17            -88.37
                                                               -----------------------------------------------------------------------------------------
    Total.....................................................         43,502.68         32,388.15         32,271.96         32,201.49        -11,301.19
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Table 7 shows that the NOX emissions in the Indianapolis
area are 22,378.72 tpy less in 2025, the out-year of the maintenance
plan, than in attainment year 2008. Table 8 shows that direct
PM2.5 emissions are 127.81 tpy lower in 2025 than in 2008.
Table 9 shows that SO2 emissions are 11,301.19 tpy lower in
2025 than in 2008.
    For the interim years of 2015 and 2020, however, in conjunction
with the projections for dramatic declines in SO2 and
NOX emissions in the Indianapolis area, the maintenance plan
shows an increase in PM2.5 emissions. Therefore, further
evaluation is needed to judge whether the increase in PM2.5
emissions, in combination with the decreases in SO2 and
NOX emissions, is likely to provide for maintenance of the
standard during the interim period.
    Each of these pollutants is characterized by a different
relationship between emissions and air quality. Therefore, simply
summing up the emissions of these various pollutants does not provide a
meaningful indicator of the combined air quality impact of these
emission changes. Instead, a more appropriate indicator is the
percentage change in emissions for each emitted pollutant, weighted
according to the air quality impact for each.
    For this purpose, EPA examined speciation data available from its
Air Explorer Web site for 2007-2009 for the Indianapolis area. These
data suggest that PM2.5 in the Indianapolis area consists of
approximately 47 percent sulfate, 12 percent nitrate, 34 percent
organic particulate, 4 percent miscellaneous inorganic particulate
(sometime labeled ``crustal particles''), and 3 percent other types of
particulate matter.
    EPA used a conservative approach that assumes that the full ambient
concentration of organic particulate matter plus miscellaneous
inorganic particulate matter will vary in accordance with changes in
total nonattainment area emissions of directly emitted
PM2.5. This analysis thus assumes that the entirety of this
component of ambient PM2.5 will increase by the 5 percent
that Indiana's maintenance plan projects that directly emitted
PM2.5 emissions will increase from 2008 to 2015, the year
with the greatest estimated emissions of direct PM2.5. In
this analysis, the baseline concentration is assumed to be 14.3 [mu]g/
m\3\ (the design value for the 2007-2009 time period), of which
directly emitted PM2.5 is estimated to comprise 38 percent
(34 plus 4), or 5.4 [mu]g/m\3\. EPA's assessment assumes that the 5
percent increase in direct PM2.5 emissions from 2008 to
2015, the year with the highest projected levels of directly emitted
PM2.5, will cause a corresponding increase in ambient
concentrations of PM2.5, which would suggest an increase in
the concentration of this component by 0.3 [mu]g/m\3\. However, EPA
believes that this potential increase will be fully compensated by much
greater decreases in sulfate and nitrate concentrations.
    Determining the precise levels of decrease in sulfate and nitrate
concentrations is a complex task requiring consideration of emission
reductions not only in the Indianapolis area but also in many other
parts of the Eastern United States. Nevertheless, sulfates and nitrates
comprise 47 percent and 12 percent of the PM2.5 in the
Indianapolis area, respectively, and both are projected to decrease by
26 percent over this same 2008-2015 time period. Further, as shown in
table 10 below, emissions of sulfates and nitrates from power plants in
states impacting the Indianapolis area are projected to decrease by 66
percent and 47 percent, respectively. Therefore, the 0.3 [mu]g/m\3\
increase associated with directly emitted PM2.5 would be
expected to be more than offset by decreases in monitored
concentrations associated with decreases in sulfates and nitrates. That
is, EPA expects that the temporary minimal increase in direct emissions
of PM2.5 in the Indianapolis area will not prevent the area
from maintaining the standard.
    Because the PM2.5 concentrations in the Indianapolis
area are significantly impacted by the transport of sulfates and
nitrates, the area's air quality is strongly affected by regulation of
SO2 and NOX emissions from power plants. Table
10, below, compares statewide EGU emissions data for 2008 and 2014.
Emissions for 2008 reflect actual emissions data compiled by EPA's
Clean Air Markets Division reflecting reductions implemented under
CAIR.

2014 emissions reflect EPA's projections of emissions expected under
the CSAPR as shown at http://epa.gov/crossstaterule/pdfs/EmissionsSummaries.xlsx.

               Table 10--Comparison of 2008 and 2014 Statewide EGU NOX and SO2 Emissions (tpy) for States Impacting the Indianapolis Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                NOX                                             SO2
                                                         -----------------------------------------------------------------------------------------------
                          State                                                             Net change                                      Net change
                                                               2008            2014          2002-2014         2008            2014          2002-2014
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama.................................................         112,625          69,192         -43,433         448,248         173,566        -274,682
Illinois................................................         119,930          49,162         -70,768         257,357         132,647        -124,710
Indiana.................................................         190,092         110,740         -79,352         565,459         195,046        -370,413
Iowa....................................................          49,023          42,231          -6,792         127,847          83,827         -44,020
Kentucky................................................         157,903          76,088         -81,815         344,356         116,927        -227,429
Michigan................................................         107,624          60,907         -46,717         326,501         162,632        -163,869
Missouri................................................          88,742          52,103         -36,639         258,269         186,899         -71,370
Ohio....................................................         235,049          89,753        -145,296         709,444         178,975        -530,469
Pennsylvania............................................         183,658         118,981         -64,677         831,915         125,545        -706,370
Tennessee...............................................          85,641          20,512         -65,129         208,069          64,721        -143,348
West Virginia...........................................          99,484          53,975         -45,509         301,574          84,344        -217,230
Wisconsin...............................................          47,794          33,537         -14,257         129,694          50,137         -79,557
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................       1,477,564         777,181        -700,383       4,508,733       1,555,266      -2,953,467
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Table 10 shows that NOX emissions from EGUs are
projected to decrease by 700,383 tpy from 2008 to 2014 in states
impacting the Indianapolis area. Over that same time period,
SO2 emissions from EGUs are projected to decrease by
2,953,467 tpy in states impacting the Indianapolis area.
    Based on the information summarized above, Indiana has adequately
demonstrated maintenance of the PM2.5 standard in this area
for a period extending in excess of ten years from the date that EPA
may be expected to complete rulemaking on the State's redesignation
request.
d. Monitoring Network
    Indiana currently operates three monitors for purposes of
determining attainment with the 1997 annual PM2.5 standard
in the Indianapolis area. Indiana has committed to continue to operate
and maintain these monitors and will consult with EPA prior to making
any changes to the existing monitoring network. IDEM remains obligated
to continue to quality assure monitoring data in accordance with 40 CFR
part 58 and enter all data into the AQS in accordance with Federal
guidelines.
e. Verification of Continued Attainment
    Continued attainment of the annual PM2.5 NAAQS in the
Indianapolis area depends, in part, on the State's efforts toward
tracking indicators of continued attainment during the maintenance
period. Indiana's plan for verifying continued attainment of the annual
PM2.5 standard in the Indianapolis area consists of
continued ambient PM2.5 monitoring in accordance with the
requirements of 40 CFR part 58. IDEM will also continue to develop and
submit periodic emission inventories as required by the Federal
Consolidated Emissions Reporting Rule (codified at 40 CFR 51 Subpart A)
to track future levels of emissions.
f. Contingency Plan
    The contingency plan provisions are designed to promptly correct or
prevent a violation of the NAAQS that might occur after redesignation
of an area to attainment. Section 175A of the CAA requires that a
maintenance plan include such contingency measures as EPA deems
necessary to ensure that the state will promptly correct a violation of
the NAAQS that occurs after redesignation. The maintenance plan should
identify the contingency measures to be adopted, a schedule and
procedure for adoption and implementation of the contingency measures,
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 adopted and implemented. The
maintenance plan must include a requirement that the state will
implement all measures with respect to control of the pollutant(s) that
were contained in the SIP before redesignation of the area to
attainment. See section 175A(d) of the CAA.
    As required by section 175A of the CAA, Indiana has adopted a
contingency plan for the Indianapolis area to address possible future
annual PM2.5 air quality problems. Under Indiana's plan, if
a violation of the 1997 annual PM2.5 standard occurs,
Indiana will implement an ``Action Level Response'' to evaluate what
measures are warranted to address the violation, committing to
implement one or more measures from a list of candidate measures given
in the plan. Indiana's candidate contingency measures include the
following:
    i. Alternative fuel and diesel retrofit programs for fleet vehicle
operations;
    ii. NOX or SO2 controls on new minor sources;
    iii. Wood stove change out program;
    iv. Idle restrictions;
    v. Broader geographic applicability of existing measures; and
    vi. One or more transportation control measures sufficient to
achieve at least a 0.5 percent reduction in actual area wide precursor
emissions.
    Under Indiana's plan, control measures are to be adopted and
implemented within 18 months from the end of the year in which air
quality triggering the Action Level Response occurs. Indiana further
commits to conduct ongoing review of its data, and if monitored
concentrations or emissions are trending upward, Indiana commits to
take appropriate steps to avoid a violation if possible. EPA believes
that Indiana's contingency plan satisfies the pertinent requirements of
section 175A(d).
g. Provisions for Future Updates of the Annual PM2.5
Maintenance Plan
    As required by section 175A(b) of the CAA, IDEM commits to submit
to EPA an updated maintenance plan eight years after redesignation of
the Indianapolis area to attainment of the

1997 annual PM2.5 standard to cover an additional ten-year
period beyond the initial ten-year maintenance period. As required by
section 175A of the CAA, Indiana has committed to retain the control
measures contained in the SIP prior to redesignation, and to submit to
EPA for approval as a SIP revision, any changes to its rules or
emission limits applicable to SO2, NOX, or direct
PM2.5 sources as required for maintenance of the annual
PM2.5 standard in the Indianapolis area.
    EPA has concluded that the 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. Thus EPA is finding that
the maintenance plan SIP revision submitted by Indiana for the
Indianapolis area meets the requirements of section 175A of the CAA.

B. Adequacy of Indiana's MVEBs

1. How are MVEBs developed and what are the MVEBs for the Indianapolis
area?
    Under the CAA, states are required to submit, at various times,
control strategy SIP revisions and maintenance plans for
PM2.5 nonattainment areas and for areas seeking
redesignations to attainment of the PM2.5 standard. These
emission control strategy SIP revisions (e.g., RFP and attainment
demonstration SIP revisions) and maintenance plans create MVEBs based
on on-road mobile source emissions for criteria pollutants and/or their
precursors to address pollution from on-road transportation sources.
The MVEBs are the portions 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,
RFP or maintenance, as applicable.
    Under 40 CFR part 93, a MVEB for an area seeking a redesignation to
attainment is established for the last year of the maintenance plan.
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).
    Under section 176(c) of the CAA, transportation plans and
transportation improvement programs (TIPs) must be evaluated to
determine if they conform with the area's SIP. Conformity to the SIP
means that transportation activities will not cause new air quality
violations, worsen existing air quality violations, or delay timely
attainment of the NAAQS or any required interim milestone. If a
transportation plan or TIP does not conform, most new transportation
projects that would expand the capacity of roadways cannot go forward.
Regulations at 40 CFR part 93 set forth EPA policy, criteria, and
procedures for demonstrating and assuring conformity of such
transportation activities to a SIP.
    When reviewing SIP revisions containing MVEBs, including attainment
strategies, rate-of-progress plans, and maintenance plans, EPA must
affirmatively find ``adequate'' or approve for use in determining
transportation conformity before the MVEBs can be used. Once EPA
affirmatively approves or finds the submitted MVEBs to be adequate for
transportation conformity purposes, the MVEBs must be used by state and
Federal agencies in determining whether transportation plans and TIPs
conform to the SIP as required by section 176(c) of the CAA. EPA's
substantive criteria for determining the adequacy of MVEBs are set out
in 40 CFR 93.118(e)(4). Additionally, to approve a motor vehicle
emissions budget EPA must complete a thorough review of the SIP, in
this case the PM2.5 maintenance plan, and conclude that the
SIP will achieve its overall purpose, in this case providing for
maintenance of the 1997 annual PM2.5 standard.
    EPA's process for determining adequacy of a MVEB consists of three
basic steps: (1) Providing public notification of a SIP submission; (2)
providing the public the opportunity to comment on the MVEB during a
public comment period; and, (3) EPA taking action on the MVEB. The
process for determining the adequacy of submitted SIP MVEBs is codified
at 40 CFR 93.118.
    The maintenance plan submitted by Indiana for the Indianapolis area
contains new primary PM2.5 and NOX MVEBs for the
area for the years 2015 and 2025. IDEM has determined the 2015 MVEBs
for the Indianapolis area to be 353.40 tpy for primary PM2.5
and 14,956.79 tpy for NOX. IDEM has determined the 2025
MVEBs for the Indianapolis area to be 317.86 tpy for primary
PM2.5 and 8,839.80 tpy for NOX. These MVEBs
exceed the on-road mobile source primary PM2.5 and
NOX emissions projected by IDEM for 2015 and 2025, as
summarized in table 11 below. IDEM decided to include ``safety
margins'' as provided for in 40 CFR 93.124(a) (described further below)
of 63.73 tpy and 57.32 tpy for primary PM2.5 and 2,697.13
tpy and 1,594.06 tpy for NOX in the 2015 and 2025 MVEBs,
respectively, to provide for on-road mobile source growth. Indiana did
not provide emission budgets for SO2, VOCs, and ammonia
because it concluded, consistent with EPA's presumptions regarding
these precursors, that emissions of these precursors from motor
vehicles are not significant contributors to the area's
PM2.5 air quality problem.
    The availability of the SIP submission with these 2015 and 2025
MVEBs was announced for public comment on EPA's Adequacy Web site on
July 19, 2011, at: http://www.epa.gov/otaq/stateresources/transconf/currsips.htm. The EPA public comment period on adequacy of the 2015 and
2025 MVEBs for the Indianapolis area closed on August 18, 2011. No
adverse comments on the submittal were received during the adequacy
comment period.

                         Table 11--On-Road Mobile Source Emissions Estimates and Budgets
                                                      [tpy]
----------------------------------------------------------------------------------------------------------------
                                                          NOX                                PM2.5
                                         -----------------------------------------------------------------------
                                              Emissions                           Emissions
                                              estimate           Budget           estimate           Budget
----------------------------------------------------------------------------------------------------------------
2008....................................         21,494.74  ................            403.67
2015....................................         12,259.66         14,956.79            289.67            353.40
2025....................................          7,245.74          8,839.80            260.54            317.86
----------------------------------------------------------------------------------------------------------------

    In the Indianapolis area, the motor vehicle budgets and motor
vehicle emission projections for both NOX and primary
PM2.5 are lower than base year levels, but the overall
emissions of primary PM2.5 summed across all source types is
projected to increase in 2015. This requires further examination of the
question of whether an increase in overall primary PM2.5
emissions by the amounts requested by Indiana as safety margins would
still provide for maintenance of the PM2.5 standard.
    The discussion of the maintenance plan above describes EPA's
rationale for believing that the impact of the projected increase in
total primary PM2.5 emissions in 2015 will be more than
compensated for by the projected decreases in overall emissions of
SO2 and NOX. EPA examined whether the same
conclusion would apply if the Indianapolis area used the entire safety
margin in 2015, i.e., if mobile source PM2.5 emissions
reached the full level of the PM2.5 MVEB for 2015. Assuming
mobile source PM2.5 emissions of 353.40 tpy, the level of
the 2015 PM2.5 MVEB, total direct PM2.5 emissions
in 2015 are estimated to be 4,363.51, a 6 percent increase over 2008
PM2.5 emissions. Applying a 6 percent increase to 5.4 [mu]g/
m\3\, the baseline ambient PM2.5 concentration attributable
to direct PM2.5 emissions, the expected impact of the
overall PM2.5 emissions increase still rounds to 0.3 [mu]g/
m\3\, which EPA again holds is more than compensated for by the
decrease in sulfate and nitrate concentrations resulting from
reductions in SO2 and NOX emissions, as explained
above. Therefore, EPA concludes that the submitted budgets, including
the safety margins, provide for a quantity of mobile source emissions
that would be expected to maintain the PM2.5 standard.
    EPA has reviewed the submitted budgets for 2015 and 2025 including
the added safety margins using the conformity rule's adequacy criteria
found at 40 CFR 93.118(e)(4) and the conformity rule's requirements for
safety margins found at 40 CFR 93.124(a). EPA has also completed a
thorough review of the entire maintenance plan for the Indianapolis
area. Based on the results of this review of the budgets and the
maintenance plan EPA is approving the 2015 and 2025 direct
PM2.5 and NOX budgets including the requested
safety margins for the Indianapolis area. Additionally, EPA, through
this rulemaking, has found the submitted budgets to be adequate for use
to determine transportation conformity in the Indianapolis area,
because EPA has determined that the area can maintain attainment of the
1997 annual PM2.5 NAAQS for the relevant maintenance period
with on-road mobile source emissions at the levels of the MVEBs. These
budgets must be used in conformity determinations made on or after the
effective date of this direct final rulemaking, November 28, 2011. (40
CFR 93.118(f)(iii))
    The budgets that Indiana submitted were calculated using the
MOBILE6.2 motor vehicle emissions model. EPA is approving the
conformity budgets calculated using this model because this model was
the most current model available at the time Indiana was performing its
analysis. As discussed in section IV.A.4.c. above, EPA has issued an
updated motor vehicle emissions model known as MOVES. In its
announcement of this model, EPA established a two-year grace period
that allows for continued use of MOBILE6.2 in transportation conformity
determinations for transportation plans and TIPs (extending to March 2,
2012), after which states and metropolitan planning organizations
(MPOs) (other than California) must use MOVES for transportation plan
and TIP conformity determinations. (See 75 FR 9411, March 2, 2010.)
    Additional information on the use of MOVES in SIPs and conformity
determinations can be found in the December 2009 MOVES Guidance. During
the conformity grace period, the State and MPO should use the
interagency consultation process to examine how MOVES will impact their
future transportation plan and TIP conformity determinations, including
regional emissions analyses. For example, an increase in emission
estimates due to the use of MOVES may affect an area's ability to
demonstrate conformity for its transportation plan and/or TIP.
Therefore, State and local planners should carefully consider whether
the SIP and motor vehicle emissions budget(s), transportation plans,
and TIPs should be revised with MOVES before the end of the conformity
grace period, since doing so may be necessary to ensure conformity
determinations in the future.
    We would expect that states and MPOs would work closely with EPA
and the local Federal Highway Administration and Federal Transit
Administration offices to determine an appropriate course of action to
address this type of situation if it is expected to occur. If Indiana
chooses to revise the Indianapolis maintenance plan, it should consult
Question 7 of the December 2009 MOVES guidance for information on
requirements related to such revisions.
2. 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 shown in table 7,
NOX emissions in the Indianapolis area are projected to have
safety margins of 13,429.68 tpy and 22,378.72 tpy in 2015 and 2025,
respectively (the difference between the attainment year, 2008,
emissions and the projected 2015 and 2025 emissions for all sources in
the Indianapolis area). Table 8 shows direct PM2.5 emissions
in the Indianapolis area are projected to have a safety margin of
127.81 tpy in 2025. Table 9 shows SO2 emissions in the
Indianapolis area are projected to have safety margins of 11,114.53 tpy
and 11,301.19 tpy in 2015 and 2025, respectively. Even if emissions
reached the full level of the safety margin, the area would still
demonstrate maintenance since emission levels would equal those in the
attainment year.
    The transportation conformity rule allows areas to allocate all or
a portion of a ``safety margin'' to the area's motor vehicle emissions
budgets. (40 CFR 92.124(a)) The MVEBs requested by IDEM contain
NOX safety margins for mobile sources in 2015 and 2025 and
PM2.5 safety margins for mobile sources in 2025 smaller than
the allowable safety margins reflected in the total emissions for the
Indianapolis area. The State is not requesting allocation to the MVEBs
of the entire available safety margins reflected in the demonstration
of maintenance. Therefore, even though the State has submitted MVEBs
that exceed the projected on-road mobile source emissions for 2015 and
2025 contained in the demonstration of maintenance, the increase in on-
road mobile source emissions that can be considered for transportation
conformity purposes is well within the safety margins of the
PM2.5 maintenance demonstration. Further, once allocated to
mobile sources, these safety margins will not be available for use by
other sources.
    Projected direct PM2.5 emissions in 2015 exceed 2008
emission levels, and IDEM has included a mobile safety margin of 63.73
tpy in the 2015 PM2.5 MVEB. However, as discussed above, EPA
holds that the impact of the PM2.5 emissions increase is
more than compensated by decreases in sulfate and nitrate
concentrations resulting from reductions in SO2 and
NOX emissions. Therefore, EPA concludes that the requested
budgets, including the requested safety margins, provide for a

quantity of mobile source emissions that would be expected to maintain
the PM2.5 standard.

C. 2006 Comprehensive Emissions Inventory

    As discussed above in section IV.A.2.a.ii., section 172(c)(3) of
the CAA requires areas to submit a comprehensive, accurate and current
emissions inventory. IDEM submitted a 2006 base year emissions
inventory that meets this requirement. Emissions contained in the
submittal cover the general source categories of point sources, area
sources, on-road mobile sources, and nonroad mobile sources.
    For the point source sector, EGU SO2 and NOX
emissions were derived from EPA's Clean Air Market's database. All
other point source emissions were obtained from Indiana's source
facility emissions reporting.
    Area source emissions were extrapolated from Indiana's 2005
periodic emissions inventory. Source growth factors were supplied by
LADCO.
    Nonroad mobile source emissions were extrapolated from nonroad
mobile source emissions reported in EPA's 2005 NEI. Contractors were
employed by LADCO to estimate emissions for commercial marine vessels
and railroads, which were not adequately addressed in EPA's 2005 NEI.
    On-road mobile source emissions were calculated using EPA's mobile
source emission factor model, MOBILE6.2.
    Note that all emissions discussed below were documented in
appendices B through E of Indiana's May 31, 2011, redesignation request
submittal. EPA has reviewed Indiana's documentation of the emissions
inventory techniques and data sources used for the derivation of the
2006 emissions estimates and has found that Indiana has thoroughly
documented the derivation of these emissions inventories.
    In the May 31, 2011, submittal, IDEM states that the 2006 emissions
inventory (and the 2008 attainment year emissions inventory) are
currently the most complete emissions inventories for PM2.5
and PM2.5 precursors in the Indianapolis area. We also
conclude that the 2006 emissions inventory is complete and is as
accurate as possible given the input data available to the State.
Therefore, we are approving the 2006 PM2.5 emissions
inventory for the Indianapolis area as meeting the requirement of
section 172(c)(3) of the CAA.

        Table 12--Indianapolis Area NOX, Direct PM2.5, and SO2 Emissions (tpy) for 2006 by Source Sector
----------------------------------------------------------------------------------------------------------------
                          Sector                                   NOX          Direct PM2.5           SO2
----------------------------------------------------------------------------------------------------------------
Point.....................................................          6,035.88            843.43          3,919.71
EGU.......................................................          7,820.39            763.74         57,451.29
Area......................................................          4,841.01             85.70          1,820.79
Nonroad...................................................         12,261.91            901.58          1,146.90
On-road...................................................         22,734.38            416.63            842.20
                                                           -----------------------------------------------------
    Total.................................................         53,693.57          3,011.08         65,180.89
----------------------------------------------------------------------------------------------------------------

V. Summary of Actions

    EPA is making a determination that the Indianapolis area is
attaining the 1997 annual PM2.5 standard and that the area
has met the requirements for redesignation under section 107(d)(3)(E)
of the CAA. EPA is thus approving the request from IDEM to change the
legal designation of the Indianapolis area from nonattainment to
attainment for the 1997 annual PM2.5 NAAQS. EPA is approving
Indiana's PM2.5 maintenance plan for the Indianapolis area
as a revision to the Indiana SIP because the plan meets the
requirements of section 175A of the CAA. EPA is approving 2006
emissions inventories for primary PM2.5, NOX, and
SO2, documented in Indiana's May 31, 2011, PM2.5
redesignation request supplemental submittal as satisfying the
requirement in section 172(c)(3) of the CAA for a comprehensive,
current emission inventory. Finally, EPA finds adequate and is
approving 2015 and 2025 primary PM2.5 and NOX
MVEBs for the Indianapolis area. These MVEBs will be used in future
transportation conformity analyses for the area.

VI. 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, these actions:
     Are not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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
     Do not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. These actions are not ``major rules'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 28, 2011. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of these actions for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw these direct final rules and address the comment in the
proposed rulemaking. These actions may not be challenged later in
proceedings to enforce their requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter.

    Dated: September 12, 2011.
Susan Hedman,
Regional Administrator, Region 5.

    40 CFR parts 52 and 81 are amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart P--Indiana

0
2. Section 52.776 is amended by adding paragraphs (v)(2) and (w)(2) to
read as follows:

Sec.  52.776  Control strategy: Particulate matter.

* * * * *
    (v) * * *
    (2) The Indianapolis area (Hamilton, Hendricks, Johnson, Marion and
Morgan Counties), as submitted on October 20, 2009, and supplemented it
on May 31, 2011. The maintenance plan establishes 2015 motor vehicle
emissions budgets for the Indianapolis area of 353.40 tpy for primary
PM2.5 and 14,956.79 tpy for NOX and 2025 motor
vehicle emissions budgets of 317.86 tpy for primary PM2.5
and 8,839.80 tpy for NOX.
    (w) * * *
    (2) Indiana's 2006 NOX, directly emitted
PM2.5, and SO2 emissions inventory satisfies the
emission inventory requirements of section 172(c)(3) of the Clean Air
Act for the Indianapolis area.

PART 81--[AMENDED]

0
3. The authority citation for part 81 continues to read as follows:

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

0
4. Section 81.315 is amended by revising the entry for Indianapolis, IN
in the table entitled ``Indiana PM2.5 (Annual NAAQS)'' to
read as follows:

Sec.  81.315  Indiana.

* * * * *

                                                  Indiana PM2.5
                                                 [Annual NAAQS]
----------------------------------------------------------------------------------------------------------------
                                                                         Designation \a\
                Designated area                 ----------------------------------------------------------------
                                                      Date \1\                           Type
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Indianapolis, IN:                                          11/28/11  Attainment.
    Hamilton County............................
    Hendricks County...........................
    Johnson County.............................
    Marion County..............................
    Morgan County..............................

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.

* * * * *
[FR Doc. 2011-24373 Filed 9-26-11; 8:45 am]
BILLING CODE 6560-50-P