[Federal Register Volume 59, Number 100 (Wednesday, May 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 93-12770]


[[Page Unknown]]

[Federal Register: May 25, 1994]


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[IN33-2-6306; FRL-4887-7]

 

Federal Highway Funding Assistance Limitations and Emissions 
Offset Requirements; Indiana

AGENCY: United States Environmental Protection Agency.

ACTION: Proposed rule; withdrawal; cancellation of the public hearings.

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SUMMARY: On January 24, 1994, the United States Environmental 
Protection Agency (USEPA) published a proposed rule proposing to impose 
sanctions on Indiana under the discretionary authority granted USEPA 
under the Clean Air Act as amended in 1990 (Act) for failure by the 
State to meet its commitment to adopt and submit an enhanced motor 
vehicle inspection and maintenance (I/M) State Implementation Plan 
(SIP) revision as required by the Act for the Lake and Porter County 
ozone nonattainment areas. The Indiana legislature passed the 
legislation required to support such a SIP revision and on March 4, 
1994, Indiana Governor Bayh signed the legislation. Because of this 
favorable action, USEPA is withdrawing the January 24, 1994, proposed 
rule initiating the process to impose discretionary sanctions. In 
addition, USEPA is also canceling the previously announced public 
hearings scheduled for February 16, 1994, in Valparaiso; for February 
18, 1994, in New Albany; and for February 22, 1994, in Indianapolis 
which were postponed on February 15, 1993, by USEPA because of 
significant progress made by the Indiana Legislature toward adoption of 
necessary legislation up to that date.
DATES: The public hearings scheduled for February 16, 18, and 22, 1994, 
which were postponed on February 15, 1994, are canceled.

FOR FURTHER INFORMATION CONTACT: Francisco J. Acevedo, Environmental 
Engineer, Regulation Development Section, Regulation Development Branch 
(AR-18J), United States Environmental Protection Agency, Region 5, 77 
West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6061.

SUPPLEMENTARY INFORMATION: On January 24, 1994 (59 FR 3544), USEPA 
published a proposed rule proposing to impose sanctions on the State of 
Indiana under the discretionary authority granted USEPA under section 
110(m) of the Act for failure by the State to meet its commitment to 
adopt and submit an I/M SIP revision as required by the amended Act for 
the Lake and Porter County ozone nonattainment area. USEPA had notified 
Indiana by letter dated December 30, 1993 of its finding that Indiana 
had failed to submit the required I/M SIP revision.
    The Indiana legislature subsequently passed Senate Bill 285 to 
support such a SIP revision, and on March 4, 1994, Indiana Governor 
Bayh signed the Bill. Because of this favorable action, USEPA is 
withdrawing the January 24, 1994, proposed rule initiating the process 
to impose discretionary sanctions. The USEPA is also canceling the 
previously announced hearings scheduled for February 16, 1994, in 
Valparaiso; for February 18, 1994, in New Albany; and for February 22, 
1994, in Indianapolis. This withdrawal terminates the discretionary 
sanctions process initiated by the January 24, 1994, proposed rule. The 
mandatory sanctions process under section 179 of the Act initiated by 
USEPA's December 30, 1993, finding that Indiana failed to submit the 
required SIP revision is not affected by this action. Under that 
process, USEPA must impose sanctions within a certain time frame unless 
Indiana adopts and formally submits a complete I/M SIP revision. 
Because of the recent March 8, 1994 United States Court of Appeals 
order concerning the issue of I/M committal SIPs, (NRDC v. EPA, D.C. 
Cir. No. 92-1596) if Indiana does not submit a complete SIP by the July 
15, 1994 deadline established by the court, the State of Indiana will 
be subject to sanctions pursuant to 42 U.S.C. 7509.

    Dated: May 10, 1994.
Valdas V. Adamkus,
Regional Administrator.
[FR Doc. 93-12770 Filed 5-24-93; 8:45 am]
BILLING CODE 6560-50-F