Federal Register/Vol. 85, No. 76/Monday, April 20, 2020/Proposed Rules

Federal Register / Vol. 85, No. 76 / Monday, April 20, 2020 / Proposed Rules 21797

List of Subjects in 40 CFR Part 52 www.regulations.gov or via email to proposing to change the legal Environmental protection, Air [email protected]. For designation of the Indiana portion of the pollution control, Incorporation by comments submitted at Regulations.gov, Chicago area from nonattainment to reference, Ozone, Reporting and follow the online instructions for attainment for the 2008 ozone NAAQS. recordkeeping requirements. submitting comments. Once submitted, EPA is also proposing to approve, as a comments cannot be edited or removed revision to the Indiana SIP, the state’s Dated: April 6, 2020. from Regulations.gov. For either manner maintenance plan (such approval being Dennis Deziel, of submission, EPA may publish any one of the CAA criteria for redesignation Regional Administrator, EPA Region 1. comment received to its public docket. to attainment status) for the area. The [FR Doc. 2020–07599 Filed 4–17–20; 8:45 am] Do not submit electronically any maintenance plan is designed to keep BILLING CODE 6560–50–P information you consider to be the Chicago area in attainment of the Confidential Business Information (CBI) 2008 ozone NAAQS through 2030. or other information whose disclosure is Finally, EPA finds adequate and is ENVIRONMENTAL PROTECTION restricted by statute. Multimedia proposing to approve the newly- AGENCY submissions (audio, video, etc.) must be established 2025 and 2030 MVEBs for accompanied by a written comment. the Indiana portion of the Chicago area 40 CFR Parts 52 and 81 The written comment is considered the (Lake and Porter Counties). [EPA–R05–OAR–2020–0125; FRL–10007– official comment and should include II. What is the background for these 91–Region 5] discussion of all points you wish to actions? make. EPA will generally not consider Air Plan Approval; Indiana; Lake and comments or comment contents located EPA has determined that ground-level Porter Counties Redesignation to outside of the primary submission (i.e. ozone is detrimental to human health. Attainment of the 2008 Ozone Standard on the web, cloud, or other file sharing On March 27, 2008, EPA promulgated a and Section 182(f) NOX RACT Waiver system). For additional submission revised 8-hour ozone NAAQS of 0.075 parts per million (ppm). See 73 FR AGENCY: Environmental Protection methods, please contact the person identified in the ‘‘For Further 16436 (March 27, 2008). Under EPA’s Agency (EPA). regulations at 40 CFR part 50, the 2008 ACTION: Proposed rule. Information Contact’’ section. For the full EPA public comment policy, ozone NAAQS is attained in an area when the 3-year average of the annual SUMMARY: The Environmental Protection information about CBI or multimedia Agency (EPA) is proposing to find that submissions, and general guidance on fourth highest daily maximum 8-hour the Chicago-Naperville, IL–IN–WI area making effective comments, please visit average concentration is equal to or less (Chicago Area) is attaining the 2008 http://www2.epa.gov/dockets/ than 0.075 ppm, when truncated after the thousandth decimal place, at all of ozone National Ambient Air Quality commenting-epa-dockets. the ozone monitoring sites in the area. Standard (NAAQS or standard) and to FOR FURTHER INFORMATION CONTACT: See 40 CFR 50.15 and appendix P to 40 approve a request from the Indiana Katie Mullen, Environmental Engineer, CFR part 50. Department of Environmental Attainment Planning and Maintenance Upon promulgation of a new or Management (IDEM or Indiana) to Section, Air Programs Branch (AR–18J), revised NAAQS, section 107(d)(1)(B) of redesignate the Indiana portion of the Environmental Protection Agency, the CAA requires EPA to designate as Chicago area to attainment for the 2008 Region 5, 77 West Jackson Boulevard, nonattainment any areas that are ozone NAAQS because the request Chicago, Illinois 60604, (312) 353–3490, violating the NAAQS, based on the most meets the statutory requirements for [email protected]. recent 3 years of quality assured ozone redesignation under the Clean Air Act SUPPLEMENTARY INFORMATION: monitoring data. The Chicago area was (CAA). The Indiana portion of the Throughout this document whenever originally designated as a marginal Chicago 2008 ozone area consists of ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean nonattainment area for the 2008 ozone Lake and Porter Counties in Northwest EPA. This supplementary information NAAQS on May 31, 2012 (77 FR 34221), Indiana. Indiana submitted this request section is arranged as follows: effective July 20, 2012. EPA reclassified on February 27, 2020. EPA is also I. What is EPA proposing? the Chicago area from marginal to proposing to approve, as a revision to II. What is the background for these actions? moderate nonattainment on April 11, the Indiana State Implementation Plan III. What are the criteria for redesignation? 2016 (81 FR 26697), effective June 3, (SIP), the State’s plan for maintaining IV. What is EPA’s analysis of Indiana’s 2016. The Chicago area was again the 2008 ozone NAAQS through 2030 in redesignation request? reclassified to serious on August 7, 2019 the Chicago area. EPA is also proposing V. Has the state adopted approvable motor vehicle emission budgets? (84 FR 44238), effective September 23, to approve a waiver, for the Indiana 2019. portion of the Chicago area (Lake and VI. Section 182(f) NOX Exemption Porter Counties), from the oxides of VII. Proposed Actions III. What are the criteria for VIII. Statutory and Executive Order Reviews nitrogen (NOX) requirements of section redesignation? 182(f) of the CAA. Finally, EPA finds I. What is EPA proposing? Section 107(d)(3)(E) of the CAA adequate and is proposing to approve EPA is proposing to take several allows redesignation of an area to Indiana’s 2025 and 2030 volatile organic related actions. EPA is proposing to attainment of the NAAQS provided that: compound (VOC) and oxides of nitrogen determine that the Chicago-Naperville, (1) The Administrator (EPA) determines (NOX) Motor Vehicle Emission Budgets IL–IN–WI area (Chicago Area) is that the area has attained the NAAQS; (MVEBs) for the Indiana portion of the attaining the 2008 ozone NAAQS, based (2) the Administrator has fully approved Chicago area (Lake and Porter Counties). on quality-assured and certified the applicable implementation plan for DATES: Comments must be received on monitoring data for 2017–2019 and that the area under section 110(k) of the or before May 20, 2020. the Indiana portion of the Chicago area CAA; (3) the Administrator determines ADDRESSES: Submit your comments, (Lake and Porter Counties) has met the that the improvement in air quality is identified by Docket ID No. EPA–R05– requirements for redesignation under due to permanent and enforceable OAR–2020–0125 at http:// section 107(d)(3)(E) of the CAA. EPA is reductions in emissions resulting from

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implementation of the applicable SIP, 6. ‘‘Technical Support Documents (TSDs) NAAQS, as determined in accordance applicable Federal air pollutant control for Redesignation of Ozone and Carbon with 40 CFR 50.15 and appendix U of regulations, and other permanent and Monoxide (CO) Nonattainment Areas,’’ part 50, based on 3 complete, enforceable emission reductions; (4) the Memorandum from G.T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch, consecutive calendar years of quality- Administrator has fully approved a August 17, 1993; assured air quality data for all maintenance plan for the area as 7. ‘‘State Implementation Plan (SIP) monitoring sites in the area. To attain meeting the requirements of section Requirements for Areas Submitting Requests the NAAQS, the 3-year average of the 175A of the CAA; and (5) the state for Redesignation to Attainment of the Ozone annual fourth-highest daily maximum 8- containing the area has met all and Carbon Monoxide (CO) National hour average ozone concentrations requirements applicable to the area for Ambient Air Quality Standards (NAAQS) On (ozone design values) at each monitor the purposes of redesignation under or After November 15, 1992,’’ Memorandum must not exceed 0.075 ppm. The air from Michael H. Shapiro, Acting Assistant section 110 and part D of the CAA. quality data must be collected and On April 16, 1992, EPA provided Administrator for Air and Radiation, September 17, 1993; quality-assured in accordance with 40 guidance on redesignations in the 8. ‘‘Use of Actual Emissions in CFR part 58 and recorded in EPA’s Air General Preamble for the Maintenance Demonstrations for Ozone and Quality System (AQS). Ambient air Implementation of Title I of the CAA CO Nonattainment Areas,’’ Memorandum quality monitoring data for the 3-year Amendments of 1990 (57 FR 13498) and from D. Kent Berry, Acting Director, Air period must also meet data supplemented this guidance on April Quality Management Division, November 30, completeness requirements. An ozone 28, 1992 (57 FR 18070). EPA has 1993; 9. ‘‘Part D New Source Review (Part D design value is valid if daily maximum provided further guidance on processing 8-hour average concentrations are redesignation requests in the following NSR) Requirements for Areas Requesting Redesignation to Attainment,’’ Memorandum available for at least 90 percent of the documents: from Mary D. Nichols, Assistant days within the ozone monitoring 1. ‘‘Ozone and Carbon Monoxide Design Administrator for Air and Radiation, October seasons,1 on average, for the 3-year Value Calculations,’’ Memorandum from Bill 14, 1994; and period, with a minimum data Laxton, Director, Technical Support Division, 10. ‘‘Reasonable Further Progress, completeness of 75 percent during the June 18, 1990; Attainment Demonstration, and Related ozone monitoring season of any year 2. ‘‘Maintenance Plans for Redesignation of Requirements for Ozone Nonattainment Ozone and Carbon Monoxide Nonattainment Areas Meeting the Ozone National Ambient during the 3-year period. See section 4 Areas,’’ Memorandum from G.T. Helms, Air Quality Standard,’’ Memorandum from of appendix U to 40 CFR part 50. Chief, Ozone/Carbon Monoxide Programs John S. Seitz, Director, Office of Air Quality EPA has reviewed the available ozone Branch, April 30, 1992; Planning and Standards, May 10, 1995. monitoring data from monitoring sites 3. ‘‘Contingency Measures for Ozone and in the Chicago-Naperville, IL–IN–WI Carbon Monoxide (CO) Redesignations,’’ IV. What is EPA’s analysis of Indiana’s Memorandum from G.T. Helms, Chief, redesignation request? 2008 ozone area for the 2017–2019 Ozone/Carbon Monoxide Programs Branch, period. These data have been quality June 1, 1992; A. Has the Chicago area attained the assured, are recorded in the AQS, and 4. ‘‘Procedures for Processing Requests to 2008 ozone NAAQS? have been certified. These data Redesignate Areas to Attainment,’’ For redesignation of a nonattainment demonstrate that the Chicago area is Memorandum from John Calcagni, Director, area to attainment, the CAA requires attaining the 2008 ozone NAAQS. The Air Quality Management Division, September EPA to determine that the entire annual fourth-highest 8-hour ozone 4, 1992 (the ‘‘Calcagni Memorandum’’); 5. ‘‘State Implementation Plan (SIP) Chicago-Naperville, IL–IN–WI 2008 concentrations and the 3-year average of Actions Submitted in Response to Clean Air ozone area has attained the applicable these concentrations (monitoring site Act (CAA) Deadlines,’’ Memorandum from NAAQS (CAA section 107(d)(3)(E)(i)). ozone design values) for each John Calcagni, Director, Air Quality An area is attaining the 2008 ozone monitoring site are summarized in Table Management Division, October 28, 1992; NAAQS if it meets the 2008 ozone 1.

TABLE 1—ANNUAL FOURTH HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS AND 3-YEAR AVERAGE OF THE FOURTH HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS FOR THE CHICAGO-NAPERVILLE, IL–IN–WI 2008 OZONE AREA [ppm]

Year Average Site County 2017 2018 2019 2017–2019

Wisconsin

55–059–0019 ...... Kenosha ...... 0.079 0.079 0.067 0.075 55–059–0025 ...... Kenosha ...... 0.076 0.080 0.063 0.073

Illinois

17–031–0001 ...... Cook ...... 0.078 0.079 0.070 0.075 17–031–0032 ...... Cook ...... 0.074 0.076 0.071 0.073 17–031–0076 ...... Cook ...... 0.078 0.074 0.065 0.072 17–031–1003 ...... Cook ...... 0.060 0.073 0.069 0.067 17–031–1601 ...... Cook ...... 0.070 0.068 0.068 0.068 17–031–3103 ...... Cook ...... 0.061 0.065 0.064 0.063 17–031–4002 ...... Cook ...... 0.068 0.072 0.064 0.068

1 The ozone season is defined by state in 40 CFR March-October. See, 80 FR 65292, 65466–67 58 appendix D. The ozone season for Indiana is (October 26, 2015).

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Year Average Site County 2017 2018 2019 2017–2019

17–031–4007 ...... Cook ...... 0.071 0.075 0.066 0.070 17–031–4201 ...... Cook ...... 0.070 0.083 0.069 0.074 17–031–7002 ...... Cook ...... 0.073 0.084 0.069 0.075 17–043–6001 ...... DuPage ...... 0.069 0.071 0.070 0.070 17–089–0005 ...... Kane ...... 0.069 0.072 0.071 0.070 17–097–1007 ...... Lake ...... 0.074 0.074 0.066 0.071 17–111–0001 ...... McHenry ...... 0.070 0.074 0.070 0.071 17–197–1011 ...... Will ...... 0.068 0.071 0.060 0.066

Indiana

18–089–0022 ...... Lake ...... 0.070 0.071 0.065 0.068 18–089–2008 ...... Lake ...... 0.069 0.062 0.065 0.065 18–127–0024 ...... Porter ...... 0.072 0.071 0.068 0.070 18–127–0026 ...... Porter ...... 0.077 0.071 0.071 0.073

The Chicago area’s 3-year ozone part D of title I of the CAA Louis area to attainment of the 1-hour design value for 2017–2019 is 0.075 (requirements specific to nonattainment ozone NAAQS). ppm,2 which meets the 2008 ozone areas for the 2008 ozone NAAQS). 1. Indiana Has Met All Applicable NAAQS. Therefore, in this action, EPA Additionally, EPA finds that all Requirements of Section 110 and Part D proposes to determine that the Chicago applicable requirements of the Indiana of the CAA Applicable to the Indiana area is attaining the 2008 ozone SIP for the area have been fully Portion of the Chicago Area for Purposes NAAQS. approved under section 110(k) of the of Redesignation EPA will not take final action to CAA. In making these determinations, determine that the Chicago area is EPA ascertained which CAA a. Section 110 General Requirements for attaining the NAAQS nor to approve the requirements are applicable to the Implementation Plans redesignation of the Indiana portion of Indiana portion of the Chicago area, if Section 110(a)(2) of the CAA the Chicago area if the design value of applicable, whether the required delineates the general requirements for a monitoring site in the area violates the Indiana SIP elements are fully approved a SIP. Section 110(a)(2) provides that NAAQS after proposal but prior to final under section 110(k) and part D of the the SIP must have been adopted by the approval of the redesignation. As CAA. As discussed more fully below, state after reasonable public notice and discussed in section IV.D.3. below, SIPs must be fully approved only with hearing, and that, among other things, it Indiana has committed to continue respect to currently applicable must: (1) Include enforceable emission monitoring ozone in this area to verify requirements of the CAA. limitations and other control measures, maintenance of the 2008 ozone NAAQS. The September 4, 1992 Calcagni means or techniques necessary to meet B. Has Indiana met all applicable memorandum describes EPA’s the requirements of the CAA; (2) requirements of section 110 and part D interpretation of section 107(d)(3)(E) of provide for establishment and operation of the CAA for the Indiana portion of the CAA. Under this interpretation, a of appropriate devices, methods, the Chicago area, and does Indiana state and the area it wishes to systems and procedures necessary to have a fully approved SIP for the area redesignate must meet the relevant CAA monitor ambient air quality; (3) provide under section 110(k) of the CAA? requirements that are due prior to the for implementation of a source permit As criteria for redesignation of an area state’s submittal of a complete program to regulate the modification from nonattainment to attainment of a redesignation request for the area. See and construction of stationary sources NAAQS, the CAA requires EPA to also the September 17, 1993, Michael within the areas covered by the plan; (4) determine that the state has met all Shapiro memorandum and 60 FR 12459, include provisions for the applicable requirements under section 12465–66 (March 7, 1995) implementation of part C prevention of 110 and part D of title I of the CAA (see (redesignation of Detroit-Ann Arbor, significant deterioration (PSD) and part section 107(d)(3)(E)(v) of the CAA). In Michigan to attainment of the 1-hour D new source review (NSR) permit addition, with the exception of the ozone NAAQS). Applicable programs; (5) include provisions for stationary source emission control section 182(f) NOX exemption, the state requirements of the CAA that come due has a fully approved SIP under section subsequent to the state’s submittal of a measures, monitoring, and reporting; (6) 110(k) of the CAA (see section complete request remain applicable include provisions for air quality 107(d)(3)(E)(ii) of the CAA). EPA finds until a redesignation to attainment is modeling; and, (7) provide for public that Indiana has met all applicable SIP approved but are not required as a and local agency participation in requirements, for purposes of prerequisite to redesignation. See planning and emission control rule redesignation, under section 110 and section 175A(c) of the CAA. Sierra Club development. v. EPA, 375 F.3d 537 (7th Cir. 2004). See Section 110(a)(2)(D) of the CAA 2 The monitor ozone design value for the monitor also 68 FR 25424, 25427 (May 12, 2003) requires SIPs to contain measures to with the highest 3-year averaged concentration. (redesignation of the St. Louis/East St. prevent sources in a state from

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

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

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Regarding the new source permitting prior SIP approvals in approving a interfere with maintenance of the and offset requirements of sections redesignation request (see the Calcagni NAAQS, in any other state. 182(a)(2)(C), 182(a)(4), and 182(b)(5), memorandum at page 3; Southwestern On May 12, 2005, EPA published Indiana currently has a fully-approved Pennsylvania Growth Alliance v. CAIR, which required eastern states, part D NSR program in place. EPA Browner, 144 F.3d 984, 989–990 (6th including Indiana, to prohibit emissions approved Indiana’s NSR SIP on Cir. 1998); Wall v. EPA, 265 F.3d 426), consistent with annual and ozone February 13, 2019 (84 FR 3711). EPA plus any additional measures it may season NOX budgets and annual sulfur approved Indiana’s PSD program on approve in conjunction with a dioxide (SO2) budgets (70 FR 25152). May 20, 2004 (69 FR 29071). The state’s redesignation action (see 68 FR 25426 CAIR addressed the good neighbor PSD program will become effective in (May 12, 2003) and citations therein). provision for the 1997 ozone NAAQS the Indiana portion of the Chicago area and 1997 fine particulate matter (PM2.5) if EPA approves the state’s C. Are the air quality improvements in NAAQS and was designed to mitigate the Chicago area due to permanent and redesignation request. the impact of transported NOX enforceable emission reductions? Section 182(f) establishes NOX emissions, a precursor of both ozone requirements for ozone nonattainment To redesignate an area from and PM2.5, as well as transported SO2 areas. However, it provides that these nonattainment to attainment, section emissions, another precursor of PM2.5. requirements do not apply to an area if 107(d)(3)(E)(iii) of the CAA requires The United States Court of Appeals for the Administrator determines that NOX EPA to determine that the air quality the District of Columbia Circuit (D.C. reductions would not contribute to improvement in the area is due to Circuit) remanded CAIR to EPA for attainment. As discussed in section VI. permanent and enforceable reductions replacement in 2008. North Carolina v. below, we are proposing such a in emissions resulting from the EPA, 531 F.3d 896, modified, 550 F.3d determination for the Indiana portion of implementation of the SIP and 1176 (2008). While EPA worked on the Chicago area as requested by applicable Federal air pollution control developing a replacement rule, Indiana. If the NOX waiver is approved regulations and other permanent and implementation of the CAIR program as a final rule, Indiana need not have enforceable emission reductions. EPA continued as planned with the NOX fully approved NOX control measures has determined that Indiana has annual and ozone season programs under section 182(f) for the Chicago- demonstrated that that the observed beginning in 2009 and the SO2 annual Naperville, IL–IN–WI area to be ozone air quality improvement in the program beginning in 2010. redesignated to attainment. Indiana portion of the Chicago area is On August 8, 2011 (76 FR 48208), Section 182(c) contains the due to permanent and enforceable acting on the D.C. Circuit’s remand, EPA requirements for areas classified as published CSAPR to replace CAIR and reductions in VOC and NOX emissions serious. On August 23, 2019 (84 FR resulting from state measures adopted to address the good neighbor provision 44238), EPA reclassified the Chicago into the SIP and Federal measures. for the 1997 ozone NAAQS, the 1997 area from moderate to serious and In making this demonstration, the PM2.5 NAAQS, and the 2006 PM2.5 established August 3, 2020 as the due state has calculated the change in NAAQS. Through Federal date for serious area SIP revisions. No emissions between 2011 and 2017. The Implementation Plans (FIPs), CSAPR requirements under section 182(c) reduction in emissions and the required electric generating units became due prior to Indiana’s corresponding improvement in air (EGUs) in eastern states, including submission of the complete quality over this time period can be Indiana, to meet annual and ozone

redesignation request for the Indiana attributed to a number of regulatory season NOX budgets and annual SO2 portion of the Chicago area, and, control measures that the Indiana budgets implemented through new therefore, none are applicable to the portion of the Chicago area and other trading programs. After delays caused by litigation, EPA started implementing area for purposes of redesignation. portions of the area have implemented Thus, as discussed above, if EPA the CSAPR trading programs in 2015, in recent years. In addition, Indiana approves the section 182(f) NOX simultaneously discontinuing provided an analysis to demonstrate the exemption, the Indiana portion of the administration of the CAIR trading improvement in air quality was not due Chicago area will satisfy all applicable programs. On October 26, 2016, EPA to unusually favorable meteorology. requirements for purposes of published the CSAPR Update, which Based on the information summarized redesignation under section 110 and established, starting in 2017, a new below, EPA finds that Indiana has part D of title I of the CAA. ozone season NO trading program for adequately demonstrated that the X EGUs in eastern states, including 2. The Indiana Portion of the Chicago improvement in air quality is due to Indiana, to address the good neighbor area (Lake and Porter Counties) has a permanent and enforceable emissions provision for the 2008 ozone NAAQS Fully Approved SIP for Purposes of reductions. (81 FR 74504). The CSAPR Update is Redesignation Under Section 110(k) of 1. Permanent and Enforceable Emission estimated to result in a 20 percent the CAA Controls Implemented reduction in ozone season NOX At various times, Indiana has adopted a. Regional NO Controls emissions from EGUs in the eastern and submitted, and EPA has approved, X United States, a reduction of 80,000 tons provisions addressing the various SIP Clean Air Interstate Rule (CAIR)/Cross in 2017 compared to 2015 levels. The elements applicable for the ozone State Air Pollution Rule (CSAPR). Under reduction in NOX emissions from the NAAQS. As discussed above, if EPA the ‘‘good neighbor provision’’ of CAA implementation of CAIR and then finalizes the section 182(f) NOX section 110(a)(2)(D)(i)(I), states are CSAPR occurred by the attainment years exemption, EPA will have fully required to address interstate transport and additional emission reductions will approved the Indiana SIP for the of air pollution. Specifically, the good occur throughout the maintenance Chicago-Naperville, IL–IN–WI neighbor provision provides that each period. nonattainment area under section 110(k) state’s SIP must contain provisions for all requirements applicable for prohibiting emissions from within that c. Federal Emission Control Measures purposes of redesignation under the state which will contribute significantly Reductions in VOC and NOX 2008 ozone NAAQS. EPA may rely on to nonattainment of the NAAQS, or emissions have occurred statewide and

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in upwind areas as a result of Federal emissions requirements in the rule will additional emission reductions will emission control measures, with result in approximately a 50 percent occur throughout the maintenance additional emission reductions expected reduction from current standards and period. to occur in the future. Federal emission apply to all light-duty and on-road Non-road Spark-Ignition Engines and control measures include the following. gasoline-powered heavy-duty vehicles. Recreational Engine Standards. On Tier 2 Emission Standards for Finally, the rule lowers the sulfur November 8, 2002 (67 FR 68242), EPA Vehicles and Gasoline Sulfur Standards. content of gasoline to an annual average adopted emission standards for large On February 10, 2000 (65 FR 6698), EPA of 10 ppm by January 2017. As projected spark-ignition engines such as those promulgated Tier 2 motor vehicle by these estimates and demonstrated in used in forklifts and airport ground- emission standards and gasoline sulfur the on-road emission modeling for the service equipment; recreational vehicles control requirements. These emission Indiana portion of the Chicago area, such as off-highway motorcycles, all- control requirements result in lower some of these emission reductions terrain vehicles, and snowmobiles; and VOC and NOX emissions from new cars occurred by the attainment years and recreational marine diesel engines. and light duty trucks, including sport additional emission reductions will These emission standards are phased in utility vehicles. With respect to fuels, occur throughout the maintenance from model year 2004 through 2012. this rule required refiners and importers period, as older vehicles are replaced When fully implemented, EPA estimates of gasoline to meet lower standards for with newer, compliant model years. an overall 72 percent reduction in VOC sulfur in gasoline, which were phased Heavy-Duty Diesel Engine Rules. In emissions from these engines and an 80 in between 2004 and 2006. By 2006, July 2000, EPA issued a rule for on-road percent reduction in NOX emissions. As refiners were required to meet a 30 ppm heavy-duty diesel engines that includes projected by these estimates and average sulfur level, with a maximum standards limiting the sulfur content of demonstrated in the non-road emission cap of 80 ppm. This reduction in fuel diesel fuel. Emissions standards for modeling for the Indiana portion of the sulfur content ensures the effectiveness NOX, VOC and PM were phased in Chicago area, some of these emission of low emission-control technologies. between model years 2007 and 2010. In reductions occurred by the attainment The Tier 2 tailpipe standards addition, the rule reduced the highway years and additional emission established in this rule were phased in diesel fuel sulfur content to 15 ppm by reductions will occur throughout the for new vehicles between 2004 and 2007, leading to additional reductions maintenance period. 2009. EPA estimates that, when fully in combustion NOX and VOC emissions. Category 3 Marine Diesel Engine implemented, this rule will cut NOX EPA has estimated future year emission Standards. On April 30, 2010 (75 FR and VOC emissions from light-duty reductions due to implementation of 22896) EPA issued emission standards vehicles and light-duty trucks by this rule. Nationally, EPA estimated that for marine compression-ignition engines approximately 76 and 28 percent, 2015 NOX and VOC emissions would at or above 30 liters per cylinder. Tier respectively. NOX and VOC reductions decrease by 1,260,000 tons and 54,000 2 emission standards apply beginning in from medium-duty passenger vehicles tons, respectively. Nationally, EPA 2011, and are expected to result in a 15 included as part of the Tier 2 vehicle estimated that by 2030 NOX and VOC to 25 percent reduction in NOX program are estimated to be emissions will decrease by 2,570,000 emissions from these engines. Final Tier approximately 37,000 and 9,500 tons tons and 115,000 tons, respectively. As 3 emission standards apply beginning in per year, respectively, when fully projected by these estimates and 2016 and are expected to result in implemented. As projected by these demonstrated in the on-road emission approximately an 80 percent reduction estimates and demonstrated in the on- modeling for the Indiana portion of the in NOX from these engines. As projected road emission modeling for the Indiana Chicago area, some of these emission by these estimates and demonstrated in portion of the Chicago area, the majority reductions occurred by the attainment the non-road emission modeling for the of these emission reductions occurred years and additional emission Indiana portion of the Chicago area, by the attainment years and additional reductions will occur throughout the some of these emission reductions emission reductions will occur maintenance period, as older vehicles occurred by the attainment years and throughout the maintenance period, as are replaced with newer, compliant additional emission reductions will remaining older vehicles are replaced model years. occur throughout the maintenance with newer, compliant model years. Non-road Diesel Rule. On June 29, period. Tier 3 Emission Standards for 2004 (69 FR 38958), EPA issued a rule Vehicles and Gasoline Sulfur Standards. adopting emissions standards for non- 2. Emission Reductions On April 28, 2014 (79 FR 23414), EPA road diesel engines and sulfur Indiana is using a 2011 emissions promulgated Tier 3 motor vehicle reductions in non-road diesel fuel. This inventory as the nonattainment year. emission and fuel standards to reduces rule applies to diesel engines used This is appropriate because it was one both tailpipe and evaporative emissions primarily in construction, agricultural, of the years used to designate the area and to further reduce the sulfur content and industrial applications. Emission as nonattainment. Indiana is using 2017 in fuels. The rule will be phased in standards are phased in for 2008 as the attainment year, which is between 2017 and 2025. Tier 3 sets new through 2015 model years based on appropriate because it is one of the tailpipe standards for the sum of VOC engine size. The SO2 limits for non-road years in the 2017–2019 period used to and NOX and for particulate matter. The diesel fuels were phased in from 2007 demonstrate attainment. VOC and NOX tailpipe standards for through 2012. EPA estimates that when Area and non-road mobile emissions light-duty vehicles represent fully implemented, compliance with were collected from data available on approximately an 80 percent reduction this rule will cut NOX emissions from EPA’s Air Emissions Modeling website.5 from today’s fleet average and a 70 these non-road diesel engines by For the 2017 attainment year, area and percent reduction in per-vehicle approximately 90 percent. As projected non-road source emissions inventory particulate matter (PM) standards. by these estimates and demonstrated in estimates were based on the data Heavy-duty tailpipe standards represent the non-road emission modeling for the interpolation between 2016 base year about a 60 percent reduction in both Indiana portion of the Chicago area, fleet average VOC and NOX and per- some of these emission reductions 5 https://www.epa.gov/air-emissions-modeling/ vehicle PM standards. The evaporative occurred by the attainment years and 2016v1-platform.

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and the 2023 and 2028 projection years recommended mobile source model, to season (92). This is applied at the of EPA’s 2016 version 1 Emissions develop on-road emissions rates. The process level using the profiles that are Modeling Platform. version used was MOVES2014b. The specified for each source classification IDEM compiled 2011 and 2017 actual modeling inputs to MOVES, which code (SCC) that is assigned to the point source and EGU-point source include detailed transportation data process. emissions from state inventory (e.g., vehicle-miles of travel by vehicle Emissions for Illinois and Wisconsin databases. class, road class and hour of day, and On-road mobile source emissions average speed distributions), were were based on inventories developed by were developed in conjunction with the provided by NIRPC. those states in 2016 for an earlier round Northwestern Indiana Regional On-road mobile source emissions of redesignation requests. For the Planning Commission (NIRPC), the were then calculated from emissions current document, 2011 and 2030 Metropolitan Planning Organization for factors produced by EPA’s Motor emissions are directly taken from these the area that includes Lake, Porter, and Vehicle Emission Simulator model, earlier inventories, whereas 2017 and LaPorte Counties. NIRPC maintains a MOVES2b, and data extracted from the 2025 emissions were determined by travel demand forecast model that is region’s travel-demand forecast model. interpolation from these inventories. used to identify where travel capacity The annual emissions provided by Using the inventories described this inventory are then used to calculate will be needed and to determine the above, Indiana’s submittal documents infrastructure requirements necessary to average summer day emissions using changes in VOC and NO emissions meet that need. The travel demand EPA guidance on how the model X from 2011 to 2017 for the Indiana forecast model predicts the total daily estimates daily emissions. The monthly portion of the Chicago area. Emissions vehicle miles traveled. profile percentages for June, July, and Indiana used the Motor Vehicle August were added together and then data are shown in Tables 2 and 3. Emission Simulator (MOVES), the EPA’s divided by the number of days in the

TABLE 2—EMISSIONS REDUCTION OF NOX EMISSIONS FOR THE ILLINOIS, INDIANA AND WISCONSIN PORTIONS OF THE CHICAGO NONATTAINMENT AREA 2011–2017 [Tons/day]

2011 Sector Nonattainment 2017 Emission year Attainment year reductions

Illinois

EGU Point ...... 67.41 29.23 38.18 Point ...... 52.57 47.59 4.98 Area ...... 27.14 33.60 ¥6.46 Non-Road ...... 188.34 142.64 45.70 On-road ...... 296.38 177.66 118.72

Total ...... 631.84 430.72 201.12

Indiana

EGU Point ...... 30.15 3.73 26.42 Point ...... 66.46 55.42 11.04 Area ...... 9.69 8.06 1.63 Non-road ...... 12.69 6.73 5.96 On-road ...... 24.70 12.85 11.85

Total ...... 143.69 86.79 56.90

Wisconsin

EGU Point ...... 8.71 8.55 0.16 Point ...... 0.11 0.13 ¥0.02 Area ...... 1.09 1.02 0.07 Non-Road ...... 2.08 1.67 0.41 On-road ...... 5.35 2.81 2.54

Total ...... 17.34 14.18 3.16

Chicago-Naperville, IL–IN–WI 2008 ozone area

Illinois ...... 631.84 430.72 201.12 Indiana ...... 143.69 86.79 56.90 Wisconsin ...... 17.34 14.18 3.16

Total ...... 792.87 531.69 261.18

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TABLE 3—EMISSIONS REDUCTION OF VOC EMISSIONS FOR THE ILLINOIS, INDIANA AND WISCONSIN PORTIONS OF THE CHICAGO NONATTAINMENT AREA 2011–2017 [Tons/day]

Emission Sector 2011 2017 reductions

Illinois

EGU Point ...... 0.62 0.78 ¥0.16 Point ...... 47.63 44.53 3.10 Area ...... 210.04 226.69 ¥16.65 Non-Road ...... 169.58 80.56 89.02 On-road ...... 91.04 81.49 9.55

Total ...... 518.91 434.05 84.86

Indiana

EGU Point ...... 0.63 0.20 0.43 Point ...... 17.07 10.16 6.91 Area ...... 18.07 19.56 ¥1.49 Non-Road ...... 14.19 4.06 10.13 On-road ...... 9.58 6.07 3.51

Total ...... 59.54 40.05 19.49

Wisconsin

EGU Point ...... 0.38 0.32 0.06 Point ...... 0.18 0.07 0.11 Area ...... 3.76 3.49 0.27 Non-Road ...... 1.13 0.74 0.39 On-road ...... 2.53 1.42 1.11

Total ...... 7.98 6.04 1.94

Chicago-Naperville, IL–IN–WI 2008 ozone area

Illinois ...... 518.91 434.05 84.86 Indiana ...... 59.54 40.05 19.49 Wisconsin ...... 7.98 6.04 1.94

Total ...... 586.43 480.14 106.29

As shown in Tables 2 and 3, NOX and conditions associated with ozone D. Does Indiana have a fully approvable VOC emissions in the Indiana portion of episodes, and construct trends for the ozone maintenance plan for the Chicago the Chicago area declined by 56.90 tons/ days identified as sharing similar area? day and 19.49 tons/day, respectively, meteorological conditions. As one of the criteria for redesignation between 2011 and 2017. NOX and VOC Regression trees were developed for to attainment, section 107(d)(3)(E)(iv) of emissions throughout the entire Chicago the nine monitors to classify each the CAA requires EPA to determine that area declined by 261.18 tons/day and summer day by its ozone concentration the area has a fully approved 106.29 tons/day, respectively, between maintenance plan pursuant to section 2011 and 2017. and associated meteorological conditions. By grouping days with 175A of the CAA. Section 175A of the 3. Meteorology similar meteorology, the influence of CAA sets forth the elements of a meteorological variability on the maintenance plan for areas seeking To further support IDEM’s underlying trend in ozone redesignation from nonattainment to demonstration that the improvement in concentrations is partially removed and attainment. Under section 175A, the air quality between the year violations maintenance plan must demonstrate the remaining trend is presumed to be occurred and the year attainment was continued attainment of the NAAQS for due to trends in precursor emissions or achieved is due to permanent and at least 10 years after the Administrator enforceable emission reductions and not other non-meteorological influences. approves a redesignation to attainment. unusually favorable meteorology, an The CART analysis showed that, Eight years after the redesignation, the analysis was performed by the Lake reducing the impact of meteorology, the state must submit a revised maintenance Michigan Air Directors Consortium resulting trends in ozone concentrations plan which demonstrates that (LADCO). A classification and declined over the period examined, attainment of the NAAQS will continue regression tree (CART) analysis was supported the conclusion that the for an additional 10 years beyond the conducted with 2005 through 2018 data improvement in air quality was not due initial 10-year maintenance period. To from nine Chicago-area ozone sites. The to unusually favorable meteorology. address the possibility of future NAAQS goal of the analysis was to determine the violations, the maintenance plan must meteorological and air quality contain contingency measures, as EPA

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deems necessary, to ensure prompt the Chicago area that are sufficient to Area and non-road mobile emissions correction of the future NAAQS attain the 2008 ozone NAAQS. The were collected from data available on violation. derivation of the attainment year EPA’s Air Emissions Modeling website. The Calcagni Memorandum provides emissions was discussed above in Using Emissions Modeling platform further guidance on the content of a section IV.C.2. of this proposed rule. 2016v1, IDEM collected data for the maintenance plan, explaining that a The attainment level emissions, by 2023 and 2028 projected inventories. maintenance plan should address five source category, are summarized in Indiana’s 2025 area, point, EGU-point, elements: (1) An attainment emission Tables 2 and 3 above. and non-road source emissions were inventory; (2) a maintenance estimated primarily by interpolating demonstration; (3) a commitment for 2. Has the state documented maintenance of the ozone standard in between EPA’s 2023 and 2028 modeling continued air quality monitoring; (4) a inventories. 2030 emissions for point, process for verification of continued the Indiana portion of the Chicago area (Lake and Porter Counties)? area, and non-road source sectors were attainment; and (5) a contingency plan. derived by extrapolating using the Indiana has demonstrated In conjunction with its request to TREND function in Excel. If the trend maintenance of the 2008 ozone NAAQS redesignate the Indiana portion of the function resulted in a negative value, through 2030 by assuring that current Chicago area to attainment for the 2008 the emissions were assumed not to and future emissions of VOC and NO ozone NAAQS, IDEM submitted a SIP X change. EGU-point emissions for 2030 for the Indiana portion of the Chicago revision to provide for maintenance of were estimated from the Eastern area remain at or below attainment year the 2008 ozone NAAQS through 2030, Regional Technical Advisory Committee emission levels. A maintenance more than 10 years after the expected (ERTAC) model. Summer day demonstration need not be based on effective date of the redesignation to inventories were derived for these modeling. See Wall v. EPA, 265 F.3d attainment. As discussed below, EPA sectors using the methodology described 426 (6th Cir. 2001), Sierra Club v. EPA, proposes to find that Indiana’s ozone in section IV.V.2. above. maintenance plan includes the 375 F. 3d 537 (7th Cir. 2004). See also necessary components and approve the 66 FR 53094, 53099–53100 (October 19, On-road mobile source emissions maintenance plan as a revision of the 2001), 68 FR 25413, 25430–25432 (May were developed through the combined Indiana SIP. 12, 2003). effort of IDEM and the NIRPC and were Indiana is using emissions inventories calculated from emission factors 1. Attainment Inventory for the years 2025 and 2030 to produced by EPA’s MOVES2014b model EPA is proposing to determine that demonstrate maintenance. 2030 is more and data extracted from the region’s the Indiana portion of the Chicago area than 10 years after the expected travel-demand model. The on-road 2025 has attained the 2008 ozone NAAQS effective date of the redesignation to and 2030 emission estimates are based based on monitoring data for the period attainment and 2025 was selected to on the actual travel demand model of 2017–2019. IDEM selected 2017 as demonstrate that emissions are not network runs generating estimated the attainment emissions inventory year expected to spike in the interim emissions to exist for those years under to establish attainment emission levels between the attainment year and the the Northwest Indiana 2050 for VOC and NOX. The attainment final maintenance year. The emissions Transportation Plan. emissions inventory identifies the levels inventories were developed as described Emissions data are shown in Tables 4 of emissions in the Indiana portion of below. through 5 below.

TABLE 4—PROJECTED EMISSIONS OF NOX EMISSIONS FOR THE ILLINOIS, INDIANA AND WISCONSIN PORTIONS OF THE CHICAGO NONATTAINMENT AREA 2025 AND 2030 [Tons/day]

2017 Attainment 2025 Interim 2030 Maintenance Difference 2017– Sector year year year 2030

Illinois

EGU Point ...... 29.23 49.56 60.75 ¥31.52 Non-EGU ...... 47.59 47.68 48.54 ¥0.95 Area ...... 33.60 33.83 33.97 ¥0.37 On-Road ...... 177.66 85.04 65.66 112.00 Non-road ...... 142.64 114.83 106.92 35.72

Total ...... 430.72 330.94 315.84 114.88

Indiana

EGU Point ...... 3.73 0.34 0.34 3.39 Non-EGU ...... 55.42 58.49 59.30 ¥3.88 Area ...... 8.06 7.13 6.68 1.38 On-road ...... 12.85 8.53 6.62 6.23 Non-road ...... 6.73 4.28 3.22 3.51

Total ...... 86.79 78.77 76.16 10.63

Wisconsin

EGU Point ...... 8.55 0.00 0.00 8.55 Non-EGU ...... 0.13 0.16 0.16 ¥0.03 Area ...... 1.02 1.00 0.99 0.03

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TABLE 4—PROJECTED EMISSIONS OF NOX EMISSIONS FOR THE ILLINOIS, INDIANA AND WISCONSIN PORTIONS OF THE CHICAGO NONATTAINMENT AREA 2025 AND 2030—Continued [Tons/day]

2017 Attainment 2025 Interim 2030 Maintenance Difference 2017– Sector year year year 2030

On-Road ...... 2.81 1.47 1.14 1.67 Non-road ...... 1.67 1.24 1.15 0.52

Total ...... 14.18 3.87 3.44 10.74

Chicago-Naperville, IL–IN–WI 2008 ozone area

Illinois ...... 430.72 330.94 315.84 114.88 Indiana ...... 86.79 78.77 76.16 10.63 Wisconsin ...... 14.18 3.87 3.44 10.74

Total ...... 531.69 413.58 395.44 136.25

TABLE 5—PROJECTED EMISSIONS OF VOC EMISSIONS FOR THE ILLINOIS, INDIANA AND WISCONSIN PORTIONS OF THE CHICAGO NONATTAINMENT AREA 2025 AND 2030 [Tons/day]

2017 Attainment 2025 Interim 2030 Maintenance Difference 2017– Sector year year year 2030

Illinois

EGU Point ...... 0.78 2.12 2.64 ¥1.86 Non-EGU ...... 44.53 43.67 43.57 0.96 Area ...... 226.69 221.71 221.40 5.29 On-Road ...... 81.49 52.85 42.64 38.85 Non-road ...... 80.56 79.07 82.27 ¥1.71

Total ...... 434.05 399.42 392.52 41.53

Indiana

EGU Point ...... 0.20 0.07 0.06 0.14 Non-EGU ...... 10.16 11.7 11.57 ¥1.41 Area ...... 19.56 19.76 19.86 ¥0.30 On-road ...... 6.07 4.91 3.77 2.30 Non-road ...... 4.06 3.58 3.38 0.68

Total ...... 40.05 40.02 38.64 1.41

Wisconsin

EGU Point ...... 0.32 0.00 0.00 0.32 Non-EGU ...... 0.07 0.15 0.15 ¥0.08 Area ...... 3.49 3.48 3.50 ¥0.01 On-Road ...... 1.42 0.95 0.73 0.69 Non-road ...... 0.74 0.64 0.62 0.12

Total ...... 6.04 5.22 5.00 1.04

Chicago-Naperville, IL–IN–WI 2008 ozone area

Illinois ...... 434.05 399.42 392.52 41.53 Indiana ...... 40.05 40.02 38.64 1.41 Wisconsin ...... 6.04 5.22 5.00 1.04

Total ...... 480.14 444.66 436.16 43.98

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

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ozone nonattainment areas, IDEM is Emissions Reporting Requirements necessary controls in response to a providing its most recent photochemical (AERR) on December 17, 2008 (73 FR warning level response trigger will take modeling, which was performed for the 76539). The most recent triennial place within 12 months from the Interstate Transport ‘‘Good Neighbor’’ inventory for Indiana was compiled for conclusion of the most recent ozone Provision for the 2015 8-hour ozone 2014, and 2017 is in progress. Point season. NAAQS of 0.070 ppm. While this source facilities covered by Indiana’s In Indiana’s plan, an action level modeling was conducted under a more emissions statements rule, 326 IAC 2–6– response is triggered when a three-year stringent 8-hour ozone NAAQS, it 1, will continue to submit VOC and average fourth high value of 0.076 ppm shows the monitors in the NOX emissions on an annual basis. or greater is monitored within the nonattainment area are projected to 5. What is the contingency plan for the maintenance area. When an action level have 2023 ozone design values below Indiana portion of the Chicago area response is triggered, Indiana, will both the 2008 and 2015 ozone NAAQS. (Lake and Porter Counties)? determine what additional control Paired with current monitoring data, measures are needed to ensure future this analysis demonstrates the area has Section 175A of the CAA requires that attainment of the 2008 ozone NAAQS. attained and will continue to maintain the state must adopt a maintenance Control measures selected will be compliance with the 2008 8-hour ozone plan, as a SIP revision, that includes adopted and implemented within 18 NAAQS well into the future with an such contingency measures as EPA months from the close of the ozone increased margin of safety over time. deems necessary to ensure that the state season that prompted the action level. will promptly correct a violation of the 3. Continued Air Quality Monitoring IDEM may also consider if significant NAAQS that occurs after redesignation new regulations not currently included Indiana has committed to continue to of the area to attainment of the NAAQS. as part of the maintenance provisions operate the ozone monitors listed in The maintenance plan must identify: will be implemented in a timely manner Table 1 above. Indiana has committed to The contingency measures to be and would thus constitute an adequate consult with EPA prior to making considered and, if needed for contingency measure response. changes to the existing monitoring maintenance, adopted and Indiana included the following list of network should changes become implemented; a schedule and procedure potential contingency measures in its necessary in the future. Indiana remains for adoption and implementation; and, maintenance plan: obligated to meet monitoring a time limit for action by the state. The 1. Enhancements to the vehicle requirements and continue to quality state should also identify specific emissions testing program assure monitoring data in accordance indicators to be used to determine when (increased weight limit, addition of with 40 CFR part 58, and to enter all the contingency measures need to be diesel vehicles, etc.) data into the AQS in accordance with considered, adopted, and implemented. 2. Asphalt paving (lower VOC Federal guidelines. The maintenance plan must include a commitment that the state will formulation) 4. Verification of Continued Attainment implement all measures with respect to 3. Diesel exhaust retrofits 4. Traffic flow improvements Indiana has confirmed that it has the the control of the pollutant that were 5. Idle reduction programs legal authority to enforce and contained in the SIP before 6. Portable fuel container regulation implement the requirements of the redesignation of the area to attainment (statewide) maintenance plan for the Indiana in accordance with section 175A(d) of 7. Park and ride facilities portion of the Chicago area. This the CAA. 8. Rideshare/carpool program includes the authority to adopt, As required by section 175A of the 9. VOC cap/trade program for major implement, and enforce any subsequent CAA, Indiana has adopted a stationary sources emission control measures determined contingency plan for the Indiana portion 10. NO Reasonably Available Control to be necessary to correct future ozone of the Chicago area to address possible X Technology attainment problems. future ozone air quality problems. The Verification of continued attainment contingency plan adopted by Indiana However, Indiana is not limited to the is accomplished through operation of has two levels of response, a warning contingency measures listed above. To the ambient ozone monitoring network level response and an action level qualify as a contingency measure, and the periodic update of the area’s response. emissions reductions from that measure emissions inventory. IDEM will In Indiana’s plan, a warning level must not be factored into the emissions continue to operate the current ozone response will be triggered when an projections used in the maintenance monitors located in the Indiana portion annual (1-year) fourth high monitored plan. Indiana notes that because it is not of the Chicago area. There are no plans value of 0.079 ppm occurs in a single possible to determine what control to discontinue operation, relocate, or ozone season or when a two-year measures will be appropriate in the otherwise change the existing ozone average fourth high monitored value of future, the list is not comprehensive. monitoring network other than through 0.076 ppm or higher occurs within the EPA has concluded that Indiana’s revisions in the network approved by maintenance area. A warning level maintenance plan adequately addresses the EPA. response will consist of Indiana the five basic components of a In addition, to track future levels of conducting a study to determine maintenance plan: Attainment emissions, Indiana will continue to whether the ozone value indicates a inventory, maintenance demonstration, develop and submit to EPA updated trend toward higher ozone values or monitoring network, verification of emission inventories for all source whether emissions appear to be continued attainment, and a categories at least once every 3 years, increasing. The study will evaluate contingency plan. In addition, as consistent with the requirements of 40 whether the trend, if any, is likely to required by section 175A(b) of the CAA, CFR part 51, subpart A, and in 40 CFR continue and, if so, the control measures Indiana has committed to submit to EPA 51.122. The Consolidated Emissions necessary to reverse the trend. The an updated ozone maintenance plan Reporting Rule (CERR) was promulgated study will consider ease and timing of eight years after redesignation of the by EPA on June 10, 2002 (67 FR 39602). implementation as well as economic Indiana portion of the Chicago area to The CERR was replaced by the Annual and social impacts. Implementation of cover an additional ten years beyond the

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initial 10-year maintenance period. transportation sources. The MVEBs are determining the adequacy of submitted Thus, EPA finds that the maintenance the portion of the total allowable MVEBs for transportation conformity plan SIP revision submitted by IDEM for emissions that are allocated to highway purposes was initially outlined in EPA’s the Indiana portion of the Chicago area and transit vehicle use that, together May 14, 1999 guidance, ‘‘Conformity meets the requirements of section 175A with emissions from other sources in Guidance on Implementation of March of the CAA and EPA proposes to the area, will provide for attainment or 2, 1999, Conformity Court Decision.’’ approve it as a revision to the Indiana maintenance. See 40 CFR 93.101. EPA adopted regulations to codify the SIP. Under 40 CFR part 93, a MVEB for an adequacy process in the Transportation area seeking a redesignation to V. Has the state adopted approvable Conformity Rule Amendments for the attainment must be established, at motor vehicle emission budgets? ‘‘New 8-Hour Ozone and PM2.5 National minimum, for the last year of the Ambient Air Quality Standards and A. Motor Vehicle Emission Budgets maintenance plan. A state may adopt Miscellaneous Revisions for Existing Under section 176(c) of the CAA, new MVEBs for other years as well. The Areas; Transportation Conformity Rule transportation plans, programs, or MVEB serves as a ceiling on emissions Amendments—Response to Court projects that receive Federal funding or from an area’s planned transportation Decision and Additional Rule Change,’’ support, such as the construction of new system. The MVEB concept is further on July 1, 2004 (69 FR 40004). highways, must ‘‘conform’’ to (i.e., be explained in the preamble to the Additional information on the adequacy consistent with) the SIP. Conformity to November 24, 1993, Transportation process for transportation conformity the SIP means that transportation Conformity Rule (58 FR 62188). The purposes is available in the proposed activities will not cause new air quality preamble also describes how to rule titled, ‘‘Transportation Conformity violations, worsen existing air quality establish the MVEB in the SIP and how Rule Amendments: Response to Court problems, or delay timely attainment of to revise the MVEB, if needed, Decision and Additional Rule Changes,’’ the NAAQS or interim air quality subsequent to initially establishing a 68 FR 38974, 38984 (June 30, 2003). MVEB in the SIP. milestones. Regulations at 40 CFR part As discussed earlier, Indiana’s 93 set forth EPA policy, criteria, and B. What is the status of EPA’s adequacy maintenance plan includes NO and procedures for demonstrating and X determination for the proposed VOC VOC MVEBs for the Indiana portion of assuring conformity of transportation and NOX MVEBs for the Indiana portion the Chicago area for 2030 and 2025, the activities to a SIP. Transportation of the Chicago area (Lake and Porter last year of the maintenance period and conformity is a requirement for Counties)? nonattainment and maintenance areas. an interim year, respectively. EPA has

Maintenance areas are areas that were When reviewing submitted control reviewed Indiana’s VOC and NOX previously nonattainment for a strategy SIPs or maintenance plans MVEBs for the Indiana portion of the particular NAAQS, but that have been containing MVEBs, EPA must Chicago area and, in this action, is redesignated to attainment with an affirmatively find that the MVEBs proposing to find them adequate for approved maintenance plan for the contained therein are adequate for use approval into the Indiana SIP. Indiana’s NAAQS. in determining transportation February 27, 2020 maintenance plan SIP Under the CAA, states are required to conformity. Once EPA affirmatively submission, including the VOC and submit, at various times, control strategy finds that the submitted MVEBs are NOX MVEBs for the Chicago area, is SIPs for nonattainment areas and adequate for transportation purposes, open for public comment via this maintenance plans for areas seeking the MVEBs must be used by state and proposed rulemaking. The submitted redesignations to attainment of the Federal agencies in determining maintenance plan, which includes the ozone standard and maintenance areas. whether proposed transportation MVEBs, was endorsed by the Governor’s See the SIP requirements for the 2015 projects conform to the SIP as required designee and was subject to a state ozone NAAQS in EPA’s December 6, by section 176(c) of the CAA. public hearing. The MVEBs were 2018 implementation rule (83 FR EPA’s substantive criteria for developed as part of an interagency 62998). These control strategy SIPs determining adequacy of a MVEB are set consultation process which includes (including RFP plans and attainment out in 40 CFR 93.118(e)(4). The process Federal, state, and local agencies. The plans) and maintenance plans must for determining adequacy consists of MVEBs were clearly identified and include MVEBs for criteria pollutants, three basic steps: Public notification of precisely quantified. These MVEBs, including ozone, and their precursor a SIP submission; provision for a public when considered together with all other pollutants (VOC and NOX for ozone) to comment period; and EPA’s adequacy emissions sources, are consistent with address pollution from on-road determination. This process for maintenance of the 2008 ozone NAAQS.

TABLE 6—MVEBS FOR THE INDIANA PORTION OF THE CHICAGO AREA 2008 OZONE MAINTENANCE PLAN [Tons/year]

2025 2030 Attainment 2025 Mobile safety 2030 Mobile safety year 2017 Estimated margin 2025 Estimated margin 2030 on-road on-road allocation MVEBs on-road allocation MVEBs emissions emissions (percent) emissions (percent)

VOC ...... 6.07 4.91 15 4.94 3.77 15 4.34 NOX ...... 12.85 8.53 15 9.81 6.62 15 7.61

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

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below 4.94 tons per summer day (TPSD) section 182(f) NOX provisions is maintenance plan under section and 4.34 TPSD of VOC and 9.81 TPSD adequate to demonstrate that 107(d)(3)(E) are actions that affect the and 7.61 TPSD of NOX in 2025 and ‘‘additional reductions of oxides of status of a geographical area and do not 2030, respectively, including partial nitrogen would not contribute to impose any additional regulatory allocation of the safety margin, attainment . . . .’’ CAA section requirements on sources beyond those emissions will remain under attainment 182(f)(1)(A). As described in the imposed by state law. A redesignation to year emission levels. EPA finds guidance document, approval of this attainment does not in and of itself adequate and is proposing to approve type of NOX exemption is contingent on create any new requirements, but rather the MVEBs for use to determine continued monitored attainment of the results in the applicability of transportation conformity in the area, standard. requirements contained in the CAA for because EPA has determined that the On January 22, 2020, Indiana areas that have been redesignated to area can maintain attainment of the submitted a request for a waiver from attainment. Moreover, the Administrator 2008 ozone NAAQS for the relevant the section 182(f) NOX requirements for is required to approve a SIP submission maintenance period with mobile source the Indiana portion of the Chicago area that complies with the provisions of the emissions at the levels of the MVEBs in based on monitoring data for the years CAA and applicable Federal regulations. conjunction with the levels of the 2017–2019 showing attainment of the 42 U.S.C. 7410(k); 40 CFR 52.02(a). projected emissions inventories for the 2008 ozone standard in the area. Based Thus, in reviewing SIP submissions, upwind areas discussed above. on these data, EPA is proposing to EPA’s role is to approve state choices, approve Indiana’s request for an C. What is a safety margin? provided that they meet the criteria of exemption from the section 182(f) NOX the CAA. Accordingly, this action A ‘‘safety margin’’ is the difference requirements in the Indiana portion of merely approves state law as meeting between the attainment level of the Chicago area. Upon final approval of Federal requirements and does not emissions (from all sources) and the the NOX waiver, Indiana will not be impose additional requirements beyond projected level of emissions (from all required to adopt and implement NOX those imposed by state law. For that sources) in the maintenance plan. As emission control regulations pursuant reason, this action: noted in Tables 4 and 5, the emissions section 182(f) for the Indiana portion of • Is not a significant regulatory action in the Indiana portion of the Chicago the Chicago area to qualify for subject to review by the Office of area are projected to have safety margins redesignation. If the Chicago area Management and Budget under of 10.63 tons/day for NOX and 1.41 violates before redesignation, then EPA Executive Orders 12866 (58 FR 51735, tons/day for VOC in 2030 (the difference would not be able to finalize approval October 4, 1993) and 13563 (76 FR 3821, between the attainment year, 2017, of a NOX waiver. January 21, 2011); emissions and the projected 2030 • VII. Proposed Actions Is not an Executive Order 13771 (82 emissions for all sources in the Indiana FR 9339, February 2, 2017) regulatory portion of the Chicago area). Similarly, EPA is proposing to determine that action because SIP approvals are there is a safety margin of 8.02 tons/day the Chicago-Naperville, IL–IN–WI exempted under Executive Order 12866; for NOX and 0.03 tons/day for VOC in nonattainment area is attaining the 2008 • Does not impose an information 2025. Even if emissions exceeded ozone NAAQS, based on quality-assured collection burden under the provisions projected levels by the full amount of and certified monitoring data for 2017– of the Paperwork Reduction Act (44 the safety margin, the counties would 2019. EPA is proposing to approve U.S.C. 3501 et seq.); still demonstrate maintenance since Indiana’s January 22, 2020 NOX • Is certified as not having a emission levels would equal those in Exemption Request as meeting the significant economic impact on a the attainment year. moderate SIP requirements of section substantial number of small entities Indiana is not allocating any of the 182(f) of the CAA. EPA is proposing to under the Regulatory Flexibility Act (5 safety margin to the mobile source determine that upon final approval of U.S.C. 601 et seq.); sector. Indiana can request an allocation Indiana’s NOX Exemption Request, the • Does not contain any unfunded to the MVEBs of the available safety area will have met the requirements for mandate or significantly or uniquely margins reflected in the demonstration redesignation under section 107(d)(3)(E) affect small governments, as described of maintenance in a future SIP revision. of the CAA. EPA is proposing to change in the Unfunded Mandates Reform Act the legal designation of the Indiana of 1995 (Pub. L. 104–4); VI. Section 182(f) NOX Exemption portion of the Chicago-Naperville, IL– • Does not have Federalism Section 182(f) establishes NOX IN–WI area from nonattainment to implications as specified in Executive emission control requirements for ozone attainment for the 2008 ozone NAAQS. Order 13132 (64 FR 43255, August 10, nonattainment areas. It provides that EPA is also proposing to approve, as a 1999); these emission control requirements, revision to the Indiana SIP, the state’s • Is not an economically significant however, do not apply to an area if the maintenance plan for the area. The regulatory action based on health or Administrator determines that NOX maintenance plan is designed to keep safety risks subject to Executive Order emission reductions would not the Indiana portion of the Chicago area 13045 (62 FR 19885, April 23, 1997); contribute to attainment of the ozone in attainment of the 2008 ozone NAAQS • Is not a significant regulatory action standard. EPA’s January 2005 through 2030. Finally, EPA finds subject to Executive Order 13211 (66 FR document, ‘‘Guidance on Limiting adequate and is proposing to approve 28355, May 22, 2001); Nitrogen Oxides Requirements Related the newly established 2025 and 2030 • Is not subject to requirements of to 8-Hour Ozone Implementation,’’ MVEBs for the Indiana portion of the Section 12(d) of the National provides guidance for demonstrating Chicago area. Technology Transfer and Advancement that further NOX reduction in an ozone Act of 1995 (15 U.S.C. 272 note) because nonattainment area will not contribute VIII. Statutory and Executive Order application of those requirements would to ozone attainment. The guidance Reviews be inconsistent with the CAA; and provides that three consecutive years of Under the CAA, redesignation of an • Does not provide EPA with the monitoring data showing attainment of area to attainment and the discretionary authority to address, as the standard without implementation of accompanying approval of a appropriate, disproportionate human

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health or environmental effects, using period for the proposed rule, which approved this document, authorizes practicable and legally permissible would end on April 20, 2020, is Evell J. Barco Holland, who is the methods, under Executive Order 12898 extended 30 days to May 20, 2020. Federal Register Liaison, to (59 FR 7629, February 16, 1994). DATES: The comment period for the electronically sign this document for In addition, the SIP is not approved proposed rule (85 FR 9990) is extended purposes of publication in the Federal to apply on any Indian reservation land to 5 p.m., eastern daylight time, on May Register. or in any other area where EPA or an 20, 2020. Evell J. Barco Holland, Indian tribe has demonstrated that a ADDRESSES: You may submit comments tribe has jurisdiction. In those areas of Federal Register Liaison, Department of as outlined in the February 20, 2020 Health and Human Services. Indian country, this rule does not have proposed rule (85 FR 9990). Please [FR Doc. 2020–08329 Filed 4–17–20; 8:45 am] tribal implications as specified by choose only one method listed. BILLING CODE 4120–01–P Executive Order 13175 (65 FR 67249, FOR FURTHER INFORMATION CONTACT: November 9, 2000), because Anne Blackfield, (410) 786–8518. redesignation is an action that affects SUPPLEMENTARY INFORMATION: In the the status of a geographical area and DEPARTMENT OF VETERANS ‘‘Medicaid Program; Preadmission AFFAIRS does not impose any new regulatory Screening and Resident Review’’ requirements on tribes, impact any proposed rule that appeared in the 48 CFR Parts 802, 809, 841, 842, and existing sources of air pollution on February 20, 2020 Federal Register (85 852 tribal lands, nor impair the maintenance FR 9990), we solicited public comments RIN 2900–AQ38 of ozone national ambient air quality on proposed policies that aim to standards in tribal lands. modernize the requirements for VA Acquisition Regulation: Contractor List of Subjects Preadmission Screening and Resident Qualifications; Acquisition of Utility Review (PASRR), currently referred to 40 CFR Part 52 Services; and Contract Administration in regulation as Preadmission Screening and Audit Services Environmental protection, Air and Annual Resident Review, by pollution control, Incorporation by including statutory changes, reflecting AGENCY: Department of Veterans Affairs. reference, Intergovernmental relations, updates to diagnostic criteria for mental ACTION: Proposed rule. Oxides of nitrogen, Ozone, Volatile illness and intellectual disability, SUMMARY: organic compounds. reducing duplicative requirements and The Department of Veterans other administrative burdens on State Affairs (VA) is proposing to amend and 40 CFR Part 81 PASRR programs, and making the update its VA Acquisition Regulation Environmental protection, Air process more streamlined and person- (VAAR) in phased increments to revise pollution control, National parks, centered. or remove any policy superseded by Wilderness areas. Since the issuance of the proposed changes in the Federal Acquisition rule, the United States and its citizens Regulation (FAR), to remove any Dated: April 13, 2020. procedural guidance internal to VA into Kurt Thiede, have endured a dramatic upheaval to our way of life as a result of the COVID– the VA Acquisition Manual (VAAM), Regional Administrator, Region 5. 19 global pandemic. The federal and and to incorporate any new agency [FR Doc. 2020–08031 Filed 4–17–20; 8:45 am] state governments, as well as private specific regulations or policies. These BILLING CODE 6560–50–P businesses, have made drastic but changes seek to streamline and align the necessary decisions to restrict access to VAAR with the FAR and remove buildings, businesses, and outdated and duplicative requirements DEPARTMENT OF HEALTH AND transportation to slow the spread of the and reduce burden on contractors. The HUMAN SERVICES disease. As a result, many workplaces VAAM incorporates portions of the are dealing with changed priorities, new removed VAAR as well as other internal Centers for Medicare & Medicaid work procedures, and a limited agency acquisition policy. VA will Services workforce. We acknowledge the rewrite certain parts of the VAAR and difficulties the current situation VAAM, and as VAAR parts are 42 CFR Parts 431, 433, 435, 441, and presents, including the limited ability of rewritten, will publish them in the 483 states and stakeholders to analyze and Federal Register. VA will combine [CMS–2418–N] respond to our proposed rule. To related topics, as appropriate. This maximize the opportunity for the public rulemaking revises VAAR coverage RIN 0938–AT95 to provide meaningful input to CMS, we concerning Contractor Qualifications, Acquisition of Utility Services, and Medicaid Program; Preadmission believe that it is important to allow additional time for the public to prepare Contract Administration and Audit Screening and Resident Review; Services, as well as affected parts Extension of Comment Period comments on the proposed rule. In addition, we believe that granting an concerning Definitions of Words and AGENCY: Centers for Medicare & extension to the public comment period Terms and Solicitation Provisions and Medicaid Services (CMS), HHS. in this instance would further our Contract Clauses. DATES: ACTION: Proposed rule; Extension of overall objective to obtain public input Comments must be received on comment period. on the proposed provisions to or before June 19, 2020 to be considered modernize PASRR requirements. in the formulation of the final rule. SUMMARY: This document extends the Therefore, we are extending the ADDRESSES: Written comments may be comment period for the proposed rule comment period for the proposed rule submitted through entitled ‘‘Medicaid Program; for an additional 30 days. www.Regulations.gov; by mail or hand- Preadmission Screening and Resident The Administrator of the Centers for delivery to Director, Office of Regulation Review’’ that appeared in the February Medicare & Medicaid Services (CMS), Policy and Management (00REG), 20, 2020 Federal Register. The comment Seema Verma, having reviewed and Department of Veterans Affairs, 810

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