[Federal Register Volume 59, Number 130 (Friday, July 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16506]


[[Page Unknown]]

[Federal Register: July 8, 1994]


-----------------------------------------------------------------------


ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81

[IN15-2-6326A; FRL-5008-5]

 

Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; State of Indiana

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The United States Environmental Protection Agency (USEPA) is 
approving three requests to redesignate marginal ozone nonattainment 
areas in the State of Indiana to attainment. The USEPA is also 
approving their accompanying maintenance plans as State Implementation 
Plan (SIP) revisions. The redesignation requests and maintenance plans 
were submitted by the Indiana Department of Environmental Management 
(IDEM) for the following ozone nonattainment areas: St. Joseph and 
Elkhart, Vanderburgh, and Marion Counties. The State has met the 
requirements for redesignation contained in the Clean Air Act (the 
Act), as amended in 1990. The redesignation requests are based on 
ambient monitoring data that show no violations of the ozone National 
Ambient Air Quality Standard (NAAQS) during the three-year period from 
1990 through 1992. In the proposed rules section of this Federal 
Register, USEPA is proposing approval of and soliciting public comment 
on these requested redesignations and SIP revisions. If adverse 
comments are received on this direct final rule, USEPA will withdraw 
this final rule and address these comments in a final rule on the 
related proposed rule which is being published in the proposed rules 
section of this Federal Register. Adverse comments received concerning 
a specific geographic area, St. Joseph and Elkhart, Vanderburgh, or 
Marion Counties, will only affect this final rule as it pertains to 
that area and only the portion of this final rule concerning the area 
receiving adverse comments will be withdrawn.

EFFECTIVE DATES: This action will be effective September 6, 1994, 
unless notice is received by August 8, 1994, that someone wishes to 
submit adverse comments. If the effective date is delayed, timely 
notice will be published in the Federal Register.

ADDRESSES: Copies of the SIP revision and USEPA's analyses are 
available for inspection at the following address: (It is recommended 
that you telephone Edward Doty at (312) 886-6057 before visiting the 
Region 5 Office.)

United States Environmental Protection Agency, Region 5, Air and 
Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604.

    A copy of these SIP revisions is available for inspection at the 
following location: Office of Air and Radiation (OAR) Docket and 
Information Center (Air Docket 6102), Room M1500, United States 
Environmental Protection Agency, 401 M Street SW., Washington, DC 
20460, (202) 260-7548.
    Written comments can be mailed to: J. Elmer Bortzer, Chief, 
Regulation Development Section (AR-18J), Regulation Development Branch, 
Air and Radiation Division, United States Environmental Protection 
Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Edward Doty, Regulation Development 
Section (AR-18J), Regulation Development Branch, Air and Radiation 
Division, United States Environmental Protection Agency, Region 5, 77 
West Jackson Boulevard, Chicago, Illinois 60604, Telephone Number (312) 
886-6069.

SUPPLEMENTARY INFORMATION: The redesignation requests and maintenance 
plans considered in this rulemaking were submitted by the Indiana 
Department of Environmental Management (IDEM) for the following ozone 
nonattainment areas: South Bend/Elkhart (St. Joseph and Elkhart 
Counties, submitted on September 22, 1993); Evansville (Vanderburgh 
County, submitted on November 4, 1993); and Indianapolis (Marion 
County, submitted on November 12, 1993).

I. USEPA Redesignation Policy

    The Act's requirements for redesignation to attainment are 
contained in section 107(d)(3)(E) of the Act, and discussed in a 
September 4, 1992 memorandum from the Director of the Air Quality 
Management Division, Office of Air Quality Planning and Standards, to 
Directors of Regional Air Divisions. As outlined in this memorandum, 
section 107(d)(3)(E) of the Act requires that the following conditions 
be met for redesignation to attainment:
    1. The USEPA must determine that the areas subject to the 
redesignation request have attained the National Ambient Air Quality 
Standard (NAAQS);
    2. The USEPA must have fully approved the applicable SIP for the 
areas under section 110(k) of the Act;
    3. The USEPA must determine that the improvements in air quality 
are due to permanent and enforceable reductions in emissions resulting 
from the implementation of the applicable SIP, Federal air pollution 
control regulations, and other federally enforceable emission 
reductions;
    4. The USEPA must have fully approved maintenance plans for the 
areas as meeting the requirements of section 175A of the Act; and
    5. The State must have met all requirements applicable to the areas 
under section 110 and Part D of the Act.
    To demonstrate that the areas have attained the ozone NAAQS, the 
State must show that the ozone data representative of the highest ozone 
concentrations in the areas do not indicate violations of the NAAQS at 
any monitoring site in the areas during the most recent three years of 
monitoring at the sites. In accordance with 40 CFR 50.9, the annual 
average number of expected exceedances of the ozone standard (0.12 
parts per million [ppm], one-hour averaged) at any monitor can not 
exceed 1.0 during the preceding three year period. The data used in 
this demonstration must be quality assured, in accordance with 40 CFR 
part 58, and collected in accordance with 40 CFR part 50, appendix H. 
The data should be recorded in USEPA's Aerometric Information Retrieval 
System (AIRS).
    The SIP for the areas must be fully approved under section 110(k) 
of the Act and must satisfy all requirements that apply to the areas. 
These requirements include new requirements added by the 1990 Act 
amendments. The State must meet all requirements of section 110 and 
Part D of the Act that were applicable prior to the submittal of the 
complete, finally adopted redesignation request(s). (It should be noted 
that, based on section 175A of the Act, other requirements of Part D of 
the Act remain in effect until the USEPA approves the maintenance plan 
and redesignation to attainment. If the USEPA disapproves the request 
to redesignate an area, these requirements remain in effect with no 
delay.) A SIP which meets the pre-redesignation request submittal 
requirements must be fully approved by the USEPA prior to USEPA's 
approval of the redesignation of the areas to attainment of the NAAQS. 
The requirements of Title I of the Act, which includes section 110 and 
Part D of the Act, are discussed in the General Preamble to Title I (57 
FR 13498, April 16, 1992).
    The State must be able to reasonably attribute the improvements in 
air quality to permanent and enforceable emission reductions. 
Attainment resulting from temporary emission reductions or from 
favorable (not conducive to high ozone concentrations) meteorology 
would not qualify as a permanent air quality improvement. The State 
should demonstrate that the emission reductions from a past high ozone 
period (generally the year or period for which the area ozone 
classification design values were determined), to the period of 
attainment were due to permanent and enforceable emission control 
measures and were sufficient to explain the attainment of the ozone 
NAAQS.
    Prior to the redesignation of an area to attainment, the USEPA must 
fully approve a maintenance plan (as a SIP revision) which meets the 
requirements of section 175A of the Act. The maintenance plan must 
provide for maintenance of the NAAQS attainment in the area(s) for at 
least 10 years after the USEPA approval of the redesignation request. 
The maintenance plan must contain additional emission control measures 
as necessary to assure maintenance of the NAAQS (generally this means 
maintaining the ozone precursor emissions at or below the attainment 
year levels). The Act also requires (section 175A(b)) a second SIP 
revision 8 years after an area is redesignated to attainment to assure 
maintenance of the NAAQS for an additional 10 years beyond the first 10 
year maintenance period.
    The maintenance plan must contain such contingency measures as the 
USEPA deems necessary to ensure prompt correction of any violation of 
the NAAQS occurring after an area is redesignated to attainment or 
exceedance of other triggering levels, such as emissions exceeding 
attainment levels (this could be caused by emission increases not 
anticipated in the maintenance plan).
    At a minimum, the maintenance plan should contain the following 
elements:

1. Attainment Inventory

    The State must develop an emissions inventory for the initial 
period of attainment to identify the level of emissions in each area 
which is associated with attainment of the NAAQS. This emissions 
inventory must be consistent with USEPA's most recent guidance on 
preparation and documentation of emission inventories. For ozone 
nonattainment areas, the inventory should be based on actual, typical 
summer weekday emissions of ozone precursors (Volatile Organic 
Compounds [VOC], Oxides of Nitrogen [NOx], and Carbon Monoxide [CO]).

2. Maintenance Demonstration

    A State may generally demonstrate maintenance of the NAAQS by 
either showing that future emissions of the ozone precursors will not 
exceed the levels of the emissions in the attainment inventory or by 
modeling to demonstrate that the future mix of sources and emission 
rates will not cause a violation of the NAAQS. The maintenance plan 
should be based on the same type and level of modeling used to 
demonstrate attainment of the NAAQS in the SIP. Regardless of which 
approach is used, the State must project the emissions for the 10 year 
period following the anticipated time of the USEPA approval of the 
redesignation request (the State should assume that the USEPA will take 
two years to complete the rulemaking on the redesignation request). The 
projected emissions must reflect the expected actual emissions based on 
enforceable emission rates and typical source activity rates (such as 
production rates) adjusted for expected source growth. Projected 
emission reductions must reflect the impacts of permanent, enforceable 
emission control measures. The assumptions of emission reductions and 
source growth and techniques used to project the emissions must be 
clearly documented.

3. Monitoring Network

    The maintenance plan must contain provisions for the continued 
operation of air quality monitors of the applicable type (ozone 
monitors in this case) in the areas to be redesignated to attainment. 
This is needed to provide verification of the maintenance of the NAAQS 
attainment, and is also needed to provide triggering data for the 
possible activation of the contingency measures in the event of a 
future violation or exceedance of the NAAQS (the State may choose to 
activate some contingency measures even when the NAAQS is simply 
exceeded but not yet violated to prevent future NAAQS violations).

4. Verification of Continued Attainment

    The State must assure that it has the legal authority to implement 
and enforce all measures necessary to attain and maintain the NAAQS. In 
addition, the maintenance plan must indicate how the State will track 
the progress and success of the maintenance plan. This includes 
tracking air quality levels and emissions.

5. Contingency Plan

    Section 175A of the Act requires that a maintenance plan include 
contingency provisions, as necessary, to promptly correct any violation 
of the NAAQS that occurs after the redesignation of an area to 
attainment. For the purposes of section 175A, a State is not required 
to fully adopt contingency measures that will take effect without 
further action by the State. The contingency plan, however, is 
considered to be an enforceable part of the SIP and must ensure that 
the contingency measures will be adopted and implemented expeditiously 
after they are triggered. The plan must clearly identify the measures 
that will be adopted, a schedule and procedure for their adoption and 
implementation, and a specific time limit for action by the State. The 
plan must also identify the specific indicators or triggers that will 
be used to determine when the contingency measures will be required.

II. Summary of the Indiana Redesignation Submittals

    Summarized below are the contents of the three IDEM redesignation 
requests and maintenance plans.

A. Current Designations and Area Definitions

    On November 6, 1991 (56 FR 56694) the USEPA formally designated the 
Evansville, (Vanderburgh County); Indianapolis, (Marion County); and 
South Bend/Elkhart (Elkhart and St. Joseph Counties) areas as marginal 
ozone nonattainment areas. These designations and classifications were 
based on ozone standard violations monitored in these areas in 1988.

B. Monitored Attainment of the NAAQS

B.1. Evansville Area
    During the most recent three years with quality assured monitoring 
data as addressed in the Evansville area redesignation request (1990 
through 1992), ozone was monitored at six sites in Indiana and at two 
sites in Kentucky. No exceedance of the ozone standard was monitored 
during this period, with the highest monitored ozone concentration 
being 0.122 ppm, one-hour averaged, at the Mount Vernon monitoring site 
in 1990.
    The worst-case historical sites (AIRS site 19-173-0002 in Warrick 
County and the Old State Road site in Vanderburgh County) recorded a 
number of ozone standard exceedances in 1988 and 1989. The Warrick 
County site recorded three exceedances in 1988, 0.133 ppm, 0.132 ppm, 
and 0.128 ppm. The Old State Road site recorded two exceedances in 
1988, 0.146 ppm and 0.127 ppm, and one exceedance, 0.146 ppm, in 1989. 
The exceedances recorded in Warrick County are believed by the State to 
be due to the impact of emissions from Vanderburgh County, which is an 
adjoining county just west of Warrick County. The 1990 through 1992 
data for these sites show no exceedances of the ozone standard (0.12 
ppm one-hour averaged), with the peak ozone concentration at the 
Warrick County site being 0.118 ppm and that at the Old State Road site 
being 0.115 ppm.
    These data show that attainment of the ozone NAAQS has been 
monitored in the Evansville area based on the most recent air quality 
data available at the time of the redesignation request submittal. To 
further support this case, the 1993 data showed no exceedances of the 
ozone standard.
B.2. Indianapolis Area
    During the most recent three years with quality assured monitoring 
data prior to the redesignation submittal (1990 through 1992), ozone 
was monitored at seven sites in the Indianapolis area. Only one 
exceedance, 0.125 ppm, was recorded (recorded at the Trailer Court Road 
site in Indianapolis in 1990) in this area during this period.
    The worst-case historical sites (1321 South Harding in Indianapolis 
and Noblesville in Hamilton County) recorded a number of exceedances of 
the ozone standard during the 1987 through 1989 period. The Noblesville 
monitor recorded three exceedances, 0.130 ppm, 0.130 ppm, and 0.127 
ppm, during this period. The 1321 South Harding monitor also recorded 
three exceedances, 0.147 ppm, 0.142 ppm, and 0.137 ppm, during this 
period. The 1990 through 1992 data for these sites show no exceedances 
of the ozone standard (0.12 ppm one-hour averaged), with the peak 
concentration at the Noblesville site being 0.117 ppm and that at the 
1321 South Harding site being 0.104 ppm.
    These data show that attainment of the ozone NAAQS has been 
monitored in the Indianapolis area. To further support this case, the 
1993 data showed no exceedances of the ozone standard at any of the 
monitoring sites in the Indianapolis area.
B.3. South Bend/Elkhart Area
    During the 1990 through 1992 period, ozone was monitored at five 
sites in the South Bend/Elkhart area. No exceedance of the ozone 
standard was monitored during this period, with the maximum monitored 
concentration being 0.124 ppm, monitored at the Ross Beatty High School 
in Cass County, Michigan in 1991.
    The worst-case historical site, Childrens Hospital in South Bend, 
recorded three ozone standard exceedances, 0.137 ppm, 0.135 ppm, and 
0.130 ppm, in 1988. The 1990 through 1992 data for this site show no 
exceedances of the ozone standard (0.12 ppm one-hour averaged), with 
the peak monitored ozone concentration being 0.107 ppm.
    These data show that attainment of the ozone NAAQS has been 
monitored in the South Bend/Elkhart area. To further support this case, 
the 1993 data showed no exceedances of the ozone standard at any of the 
monitoring sites in the area.

C. Meeting Applicable Requirements of Section 110 and Part D

    As noted in 40 CFR 52.773, the USEPA has approved Indiana's ozone 
SIP as meeting the requirements of section 110(a)(2) and Part D of the 
Act, as amended in 1977, for Elkhart, Marion, and St. Joseph Counties. 
(Since Vanderburgh County was designated as attainment for ozone prior 
to the 1990 amendment of the Act and prior to the submittal deadlines 
covered under other requirements of the pre-1990 Act, Vanderburgh 
County was subject only to Prevention of Significant Deterioration 
(PSD) regulations, which the USEPA has promulgated for Indiana and has 
delegated to the State of Indiana for implementation. Vanderburgh 
County, however, is subject to the amended requirements of Part D as 
addressed below.) The 1990 Act amendments, however, modified section 
110(a)(2) and, under Part D, revised sections 172 and 182 adding new 
requirements for all nonattainment areas. Therefore, for purposes of 
redesignation, to satisfy the requirement that the SIP meet all 
applicable requirements under the Act, USEPA has reviewed the SIP to 
ensure that it contains all measures and information that were due 
under the Act, as amended in 1990, prior to or at the same time Indiana 
submitted its redesignation requests as considered here. The USEPA 
interprets section 107(d)(3)(E)(V) of the Act to mean that, for a 
redesignation request to be approved, the State must have met all 
requirements that applied to the subject areas prior to or at the same 
time of the submission of the complete redesignation requests. 
Requirements of the Act that come due subsequently continue to be 
applicable to the areas at later dates (see section 175A(c)) and, if 
the redesignation of any of the areas is disapproved, the State remains 
obligated to fulfill those requirements.
C.1. Section 110 Requirements
    Although section 110 was amended in 1990, the Indiana SIP for the 
areas addressed in this rulemaking meets the requirements of amended 
section 110(a)(2). A number of the requirements in section 110(a)(2) 
did not change in substance and, therefore, USEPA believes that the 
pre-amendment SIP meets these requirements. As to those requirements 
that were amended (57 FR 27936 and 23939, June 23, 1993), many 
duplicate other requirements of the Act, which are addressed below.
C.2. Part D Requirements
    Before the subject Indiana areas may be redesignated to attainment, 
the areas must meet the applicable requirements of Part D. Under Part 
D, an area's classification indicates the requirements to which it will 
be subject. Subpart 1 of Part D sets forth the basic requirements 
applicable to all nonattainment areas. Subpart 2 of Part D establishes 
additional requirements for nonattainment areas classified under table 
1 of section 181(a). As described in the General Preamble for the 
Implementation of Title I, specific requirements of Subpart 2 may 
override Subpart 1's general provisions (57 FR 13501, (April 16, 
1922)). Elkhart, Marion, St. Joseph, and Vanderburgh Counties were 
classified as marginal ozone nonattainment areas (56 FR 56694, 
(November 6, 1991)). Therefore, in order to be redesignated to 
attainment, the State, for these Counties, must meet the applicable 
requirements of subpart 1 of Part D, as well as the applicable 
requirements of Subpart 2 of Part D.
C.2.a. Subpart 1 of Part D--Section 172(c) Provisions
    Section 172(c) sets forth general requirements applicable to all 
nonattainment areas. Under section 172(b), the section 172(c) 
requirements are applicable on a schedule as determined by the 
Administrator, but no later than three years after an area has been 
designated as nonattainment under the amended Act. The USEPA has not 
determined that these requirements were applicable to ozone 
nonattainment areas on or before November 12, 1993--the date by which 
the State of Indiana submitted the complete redesignation requests 
considered here. Therefore, the State of Indiana was not required to 
meet these requirements for redesignation purposes. In addition, as 
discussed below, Indiana has either satisfied the section 172(c) 
requirements or, as is the case for several of them, they lose their 
continued force once an area has demonstrated attainment and 
maintenance of the ozone NAAQS.
    The requirements of section 172(c) are discussed below along with 
their relevancy to the redesignation requests at hand:
    (1) Section 172(c)(1) requires SIPs to provide for all Reasonably 
Available Control Measures (RACM) as expeditiously as practicable and 
to provide for attainment of the NAAQS. As discussed elsewhere in this 
rulemaking, Indiana has completed the adoption of stationary source 
Reasonably Available Control Technology (RACT) require for the 
Indianapolis and South Bend/Elkhart ozone nonattainment areas. The 
USEPA has approved these RACT regulations in prior rulemaking.
    In addition, the USEPA notes that, with respect to all three of the 
areas that are the subject of this notice, no additional RACM controls 
beyond what may already be required in the SIP are necessary upon 
redesignation to attainment. The General Preamble (57 FR 13560, (April 
16, 1992)) explains that section 172(c)(1) requires the plans for all 
nonattainment areas to provide for the implementation of RACM as 
expeditiously as practicable. The USEPA interprets this requirement to 
impose a duty on all nonattainment areas to consider all available 
control measures and to adopt and implement such measures as are 
reasonably available for implementation in the area components of the 
areas' attainment demonstrations. Because attainment has been reached 
in all three areas, no additional measures are needed to provide for 
attainment.
    (2) Section 172(c)(2) requires the SIP to provide for Reasonable 
Further Progress (RFP) towards attainment of the NAAQS. This 
requirement only has relevance during the time it takes an area to 
attain the NAAQS. Because the areas covered by this rulemaking have 
already attained the NAAQS, the SIP has already achieved the necessary 
RFPs toward that goal for the three areas.
    (3) Section 172(c)(3) requires the SIP to contain a comprehensive, 
accurate, current inventory of actual emissions from all source of the 
relevant pollutants. As noted elsewhere in this rulemaking, the State 
of Indiana has developed and submitted such an emissions inventory for 
the areas covered here. As also noted elsewhere in this rulemaking, the 
USEPA has approved this emissions inventory.
    (4) Section 172(c)(4) requires the SIP to identify and quantify the 
emissions which will be allowed to result from the construction of 
major new or modified stationary sources in each of the areas. This 
requirement has been addressed in Indiana's revised New Source Review 
(NSR) regulations, which have been submitted to the USEPA (see a 
discussion of this submittal below). The approval of Indiana's NSR 
regulations would also satisfy section 172(c)(5) NSR provisions.
    Although the USEPA has not completed approval of Indiana's NSR 
regulations, it should be noted that once an area is redesignated to 
attainment, nonattainment NSR requirements are not generally 
applicable. The redesignated area(s) then becomes subject to Prevention 
of Significant Deterioration (PSD) requirements instead of the NSR 
requirements. The USEPA has promulgated acceptable PSD regulations for 
Indiana and has delegated the implementation of these regulations to 
the State.
    (5) Section 172(c)(7) requires the SIP to meet the applicable 
provisions of section 110(a)(2). As noted above, the USEPA believes the 
Indiana SIP meets the requirements of section 110(a)(2).
    (6) Section 172(c)(9) requires the SIP to contain contingency 
measures to be undertaken if an area fails to make RFP or fails to 
attain the NAAQS. Since the areas covered by this rulemaking have 
attained the NAAQS, the section 172(c)(9) contingency measure 
requirements are not applicable unless the redesignation requests and 
maintenance plans are not fully approved. It should be noted that 
section 175A contingency measures apply to areas that are redesignated 
to attainment.
C.2.b. Other Part D Requirements
    See the discussion below concerning the implementation of the new 
requirements of Part D of the 1990 amended Act.

D. Improvement of Air Quality Due to Permanent and Enforceable Emission 
Reductions

    Indiana has developed and submitted 1990 base year ozone precursor 
emission inventories for all of the State's ozone nonattainment areas. 
Indiana used the 1990 base year emissions data available at the time 
the redesignation requests were prepared to backcast (the use of source 
category annual growth factors, emission control impacts, and other 
source-specific data to estimate past year emissions) to 1988 emission 
levels. The 1988 backcasted emissions were compared to the 1990 
emissions to show that emission reductions could explain the observed 
improvement in ozone concentrations between 1988 and the 1990-1992 
period.
D.1. Evansville Area
    A listing of major source VOC emissions for 1988 and 1990 shows 
that stationary source VOC emissions in Vanderburgh County declined by 
339 tons per year (approximately 1.1 tons per day) between 1988 and 
1990. Permanent VOC emission reductions due to source closures and 
implementation of emission controls totalled 570 tons per year in the 
same period (some of this emission reduction was offset by source 
growth). Indiana asserts that these point source emission reductions 
are permanent and enforceable. Indiana will not renew the source 
permits of closed sources, will require these sources to undergo review 
under PSD or NSR requirements if they seek to restart, and will 
prohibit these facilities from banking the pre-closure emissions 
against future source growth. Documentation is also given in the 
redesignation submittal showing that NOX emissions declined by 
approximately 17.5 tons per day at stationary point sources between 
1988 and 1990, due primarily to source closures.
    In addition to emission reductions from the major stationary source 
closures and emission controls, Vanderburgh County has also experienced 
VOC emission reductions as the result of the implementation of the 
Federal Motor Vehicle Emission Control Program (FMVCP) and the 
implementation of gasoline Reid Vapor Pressure (RVP) reduction 
requirements.
D.2. Indianapolis Area
    Revised VOC point source emissions for 1988 and 1990 were included 
in the redesignation submittal. VOC emission reductions due to 
permanent source closures (see discussion above for the Evansville area 
regarding Indiana's approach to dealing with source closures) and 
application of emission controls have reduced point source VOC 
emissions by 2,239.22 tons per year between 1988 and 1990.
    In addition to emission reductions from the major stationary source 
closures and emission controls, Marion County has also experienced VOC 
emission reductions as the result of the implementation of the Federal 
Motor Vehicle Emission Control Program (FMVCP) and the implementation 
of gasoline RVP reduction requirements.
D.3. South Bend/Elkhart Area
    IDEM has provided emissions data for individual stationary point 
source facilities in St. Joseph and Elkhart Counties showing that a 
permanent, enforceable VOC emission reduction of 857 tons per year (2.7 
tons per day assuming 312 days per year of source operation) occurred 
between 1988 and 1990.
    In addition to emission reductions from the major stationary source 
closures and emission controls, Elkhart and St. Joseph Counties have 
also experienced VOC emission reductions as the result of the 
implementation of the Federal Motor Vehicle Emission Control Program 
(FMVCP) and the implementation of gasoline RVP reduction requirements.

E. Maintenance Plans

    The redesignation requests for all three areas contain common 
maintenance plan elements. First, the State commits to continue 
monitoring of ozone during the 10-year maintenance period following the 
redesignation of the areas. Any changes in the monitoring systems will 
be subject to USEPA approval. Second, the State commits to revise the 
maintenance plans 8 years after the areas are redesignated to cover an 
additional 10-year period beyond the initial 10-year maintenance 
period. The State has selected 2006 as the year ending the initial 10-
year maintenance period. Third, to help verify maintenance of the 
standard, the State commits to require major stationary sources to 
annually submit information on their emissions in accordance with the 
State's emission statement rule (326 IAC 2-6). Finally, the State has 
selected a joint set of possible contingency emission control measures 
and a common approach to triggering the need for contingency measures 
in each area.
    Indiana plans on a two-level approach for the triggering of 
contingency measures. A Level I response would occur in the event that 
the ozone NAAQS is violated. This response would entail conducting an 
analysis to determine the level of the control measures needed to 
assure expeditious future attainment of the ozone NAAQS. Measures that 
could be implemented quickly would be selected so as to be in place 
within 12 months after the State becomes aware of a NAAQS violation. 
This will require the State to adopt the regulations prior to and in 
time to achieve the 12-month implementation deadline.
    A Level II response would be implemented in the event that:
    a. The monitored ambient levels of ozone exceed 0.115 ppm more than 
once in any year at any site in any one of the redesignated areas;
    b. The level of VOC, CO, or NOX emissions increase above the 
level of the 1990 emissions, corrected for any errors found prior to 
the approval to the redesignation requests. (The State is in a 
continual process of upgrading the emissions inventory as a result of 
updated emission factors and ongoing quality assurance procedures. 
Significant future changes in the base year emission inventories 
resulting from this process must be addressed in SIP revisions); or
    c. The level of total VOC emissions for any area determined for any 
future year has increased above the level recorded in the prior year 
sufficiently so that an increase of the same magnitude in the following 
year would result in a level of emissions exceeding those recorded in 
1990 by 5 percent or more.
    A Level II response would consist of a study to determine whether 
the noted trends are likely to continue, and, if so, to determine 
control measures necessary to reverse the trends, taking into 
consideration ease and timing of implementation as well as economic and 
social considerations. Implementation of necessary controls in response 
to a Level II trigger will take place as expeditiously as practicable 
but no later than 18 months after the State is aware that a contingency 
measure trigger level has been exceeded. This will require the State to 
adopt the required emission reduction regulations prior to and in time 
to achieve the 18 month implementation deadline.
    The analysis technique used to select emission control measures 
under Level I and Level II will be mutually agreed upon by the State 
and the USEPA.
    The maintenance plan contingency measures to be considered and 
selected will be chosen from the following list or any other emission 
control measures deemed appropriate based on a consideration of cost-
effectiveness, VOC reduction potential, economic and social 
considerations, or other factors that the State deems to be 
appropriate:
    a. Lower Reid Vapor Pressure for gasoline;
    b. Reformulated gasoline program;
    c. Stage II gasoline vapor recovery;
    d. Vehicle anti-tampering program;
    e. Broader geographic coverage of existing regulations;
    f. Application of RACT on sources covered by new control techniques 
guidelines issued in response to the 1990 Act amendments;
    g. Application of RACT to smaller existing sources;
    h. Vehicle inspection/maintenance program;
    i. Implementation of one or more transportation control measures 
sufficient to achieve at least a 0.5 percent reduction in actual area 
wide VOC emissions. The transportation control measures to be 
considered would include: (1) Trip reduction programs, including but 
not limited to employer-based transportation management programs, area 
wide rideshare programs, work schedule changes, and telecommuting; (2) 
transit improvements; (3) traffic flow improvements; and (4) other 
measures;
    j. Alternative fuel programs for fleet vehicle operations;
    k. Controls on consumer products consistent with those adopted 
elsewhere in the United States;
    l. Enhanced vehicle inspection/maintenance program;
    m. VOC offsets for new or modified major sources;
    n. VOC offsets for new or modified minor sources;
    o. Increased ratio of VOC offsets required for new sources; and
    p. Require VOC controls on new minor sources.
    The demonstration of maintenance differs for each area as discussed 
below.
E.1. Evansville Area
    Indiana has projected 2006 mobile source emissions using USEPA's 
MOBILE 5.0 model and documented growth factors for Vehicle Miles 
Travelled (VMT). Emissions for the year 2006 were determined for the 
other source categories using documented growth factors, including 
growth data supplied by the United States Department of Commerce, 
Bureau of Economic Analysis (BEA), and accounting for known post-1990 
source closures. Indiana also used guidance and techniques provided in 
the USEPA guideline ``Procedures for Preparing Emission Projections'' 
(EPA-450/4-91-019). The year 2006 was assumed to be 10 years after the 
anticipated time for USEPA's approval of the redesignation request. 
Emission estimates have been updated to reflect Indiana's current 
estimates of the 1990 base year ozone precursor emissions inventory. 
Emissions estimates for the attainment base year (1990), 2006, and 
several interim years are given below: 

                      VOC Emissions (Tons Per Day)                      
------------------------------------------------------------------------
                         1990         1995         2000          2006   
------------------------------------------------------------------------
Point sources.......        12.76        13.74        14.73        15.91
Area sources........        12.46        12.82        13.18        13.61
On-road mobile                                                          
 sources............        25.25        20.77        16.29        10.91
Off-road mobile                                                         
 sources............         7.50         7.74         8.00         8.28
Biogenic sources....         8.37         8.37         8.37         8.37
                     ---------------------------------------------------
      Total.........        66.34        63.44        60.57       57.08 
------------------------------------------------------------------------


                      CO Emissions (Tons Per Day)                       
------------------------------------------------------------------------
                         1990         1995         2000          2006   
------------------------------------------------------------------------
Point sources.......         1.20         1.28         1.36         1.46
Area sources........         1.71         1.77         1.84         1.91
On-road mobile                                                          
 sources............       155.33       131.15       106.96        77.94
Off-road mobile                                                         
 sources............        41.00        42.93        44.86        47.18
Biogenic sources....         N.A.         N.A.         N.A.         N.A.
                     ---------------------------------------------------
      Total.........       199.24       177.13       155.02      128.49 
------------------------------------------------------------------------


                      NOX Emissions (Tons Per Day)                      
------------------------------------------------------------------------
                         1990         1995         2000          2006   
------------------------------------------------------------------------
Point sources.......         2.78         2.98         3.18         3.42
Area sources........         2.14         2.27         2.41         2.57
On-road mobile                                                          
 sources............        14.11        13.31        12.52        11.56
Off-road mobile                                                         
 sources............         7.70         7.86         8.02         8.21
Biogenic sources....         N.A.         N.A.         N.A.         N.A.
                     ---------------------------------------------------
      Total.........        26.73        26.42        26.13       25.76 
------------------------------------------------------------------------

    It should be noted that the interim year emissions above were 
determined by the USEPA based on discussions with IDEM. USEPA and IDEM 
agreed that the interim year emission estimates should be based on 
linear interpolation between the 1990 and 2006 emission estimates for 
all three areas subject to this redesignation rulemaking. This is 
consistent with the source growth estimation procedure used by the 
State to estimate the 2006 emission levels, and the USEPA believes that 
this method is appropriate and reasonable for estimating the interim 
year emissions. The USEPA believes that this method provides reasonable 
estimates of the emission levels in those years and does not 
underestimate those emissions.
    Based on the 1990 base year and 2006 projected emissions, VOC 
emissions are projected to decrease by 14.0 percent, CO emissions are 
projected to decrease by 35.5 percent, and NOx emissions are 
projected to decrease by 3.7 percent over the 16 year period. Interim 
year emissions are expected to remain below the attainment year 
emission level. IDEM believes maintenance of the ozone standard has 
been demonstrated because VOC emissions are projected to decrease 
between 1990 and 2006.
E.2. Indianapolis Area
    The City of Indianapolis, which was responsible for the 1990 base 
year emission estimates for Marion County, used the same approach 
followed by IDEM for Evansville to project 1990 base year emissions to 
2006. The following emissions for 1990 and 2006 (expressed in tons per 
summer weekday) are contained in a March 21, 1994 supplement to the 
Indianapolis redesignation request (Indiana revised its attainment year 
and projected emission estimates based on comments on the States 1990 
base year emission inventories received during public hearings). The 
interim year emissions were determined by the USEPA based on linear 
interpolation between the 1990 and 2006 emission estimates. 

                      VOC Emissions (Tons Per Day)                      
------------------------------------------------------------------------
                         1990         1995         2000          2006   
------------------------------------------------------------------------
Point sources.......         29.2         29.9         30.6         31.5
Area sources........         48.7         52.3         55.9         60.2
On-road mobile                                                          
 sources............        107.2         96.1         85.0         71.7
Off-road mobile                                                         
 sources............         19.2         20.6         22.0         23.6
Biogenic sources....         N.A.         N.A.         N.A.         N.A.
                     ---------------------------------------------------
      Totals........        204.3        198.9        193.5        187.0
------------------------------------------------------------------------


                       CO Emissions (Tons Per Day)                      
------------------------------------------------------------------------
                          1990         1995         2000         2006   
------------------------------------------------------------------------
Point sources.......        124.4        127.9        131.3        135.5
Area sources........         37.9         39.2         40.5         42.0
On-road mobile                                                          
 sources............        731.5        665.9        600.3        521.6
Off-road mobile                                                         
 sources............        147.7        158.1        168.5        181.0
Biogenic sources....         N.A.         N.A.         N.A.         N.A.
                     ---------------------------------------------------
      Totals........       1041.5        991.1        940.6        880.1
------------------------------------------------------------------------


                      NOX Emissions (Tons Per Day)                      
------------------------------------------------------------------------
                          1990         1995         2000         2006   
------------------------------------------------------------------------
Point sources.......         53.6         49.7         45.8         41.1
Area sources........         30.9         32.6         34.5         36.6
On-road mobile                                                          
 sources............         63.4         63.3         63.2         63.1
Off-road mobile                                                         
 sources............         28.6         29.0         29.4         29.8
Biogenic sources....         N.A.         N.A.         N.A.         N.A.
                     ---------------------------------------------------
      Totals........        176.5        174.6        172.9        170.6
------------------------------------------------------------------------

    Based on the 1990 base year and 2006 projected emissions, VOC 
emissions are projected to decrease by 8.5 percent, CO emissions are 
projected to decrease by 15.5 percent, and NOx emissions are 
projected to decrease by 3.3 percent over the 16 year period. IDEM and 
the City of Indianapolis believe maintenance of the ozone standard has 
been demonstrated because VOC emissions are projected to decrease 
between 1990 and 2006.
E.3. South Bend/Elkhart Area
    Indiana has projected the 2006 mobile source emissions using 
USEPA's MOBILE 5.0 model and documented growth factors for VMT. 
Emissions for 2006 were determined for the other source categories 
using documented growth factors, including growth data supplied by the 
Bureau of Economic Affairs (BEA), and known source closures occurring 
after 1990. Indiana also used guidance and techniques provided in the 
USEPA guideline ``Procedures for Preparing Emission Projections'' (EPA-
450/4-91-019). Emission estimates have been updated to reflect 
Indiana's current estimates of the 1990 base year ozone precursor 
emissions inventory.
    The following 1990 and 2006 emissions for Elkhart and St. Joseph 
Counties in tons per summer weekday are contained in a February 25, 
1994, supplement to the Evansville and South Bend/Elkhart redesignation 
requests (Indiana revised its attainment year and projected emission 
estimates based on comments on the States 1990 base year emission 
inventories received during public hearings). The interim year 
emissions were linearly interpolated by the USEPA.

                      VOC Emissions (Tons Per Day)                      
------------------------------------------------------------------------
                         1990         1995         2000          2006   
------------------------------------------------------------------------
Point sources.......        14.44        15.79        17.13        18.75
Area sources........        41.83        43.64        45.45        47.62
On-road mobile                                                          
 sources............        39.83        33.85        27.86        20.68
Off-road mobile                                                         
 sources............        10.13        10.58        11.02        11.56
Biogenic sources....        19.62        19.62        19.62        19.62
                     ---------------------------------------------------
      Totals........       125.85       123.48       121.08       118.23
------------------------------------------------------------------------


                       CO Emissions (Tons Per Day)                      
------------------------------------------------------------------------
                         1990         1995         2000          2006   
------------------------------------------------------------------------
Point sources.......         1.06         1.14         1.23         1.33
Area sources........         5.47         5.64         5.80         6.00
On-road mobile                                                          
 sources............       249.95       216.29       182.63       142.24
Off-road mobile                                                         
 sources............        56.42        59.32        62.22        65.70
Biogenic sources....         N.A.         N.A.         N.A.         N.A.
                     ---------------------------------------------------
      Totals........       312.90       282.39       251.88       215.27
------------------------------------------------------------------------


                      NOX Emissions (Tons Per Day)                      
------------------------------------------------------------------------
                         1990         1995         2000          2006   
------------------------------------------------------------------------
Point sources.......        10.81        11.61        12.42        13.38
Area sources........         6.32         6.70         7.08         7.53
On-road mobile                                                          
 sources............        31.36        30.07        28.78        27.24
Off-road mobile                                                         
 sources............        17.82        17.70        17.58        17.44
Biogenic sources....         N.A.         N.A.         N.A.         N.A.
                     ---------------------------------------------------
      Totals........        66.31        66.08        65.86        65.59
------------------------------------------------------------------------

    Based on the 1990 base year and 2006 projected emissions, VOC 
emissions are projected to decrease by 6.1 percent, CO emissions are 
projected to decrease by 31.2 percent, and NOX emissions are 
projected to decrease by 1.1 percent over the 16 year period. These 
emission decreases between 1990 and 2006 demonstrate maintenance of the 
ozone standard.

F. Implementation of New Requirements of Section 110 and Part D of the 
Act

    Although the SIPs for the three areas were previously approved by 
the USEPA under section 110 of the Act, the Act, as amended in 1990, 
has added new requirements. Below is a summary of the status of 
Indiana's compliance with the requirements for marginal nonattainment 
areas, such as the areas covered by this rulemaking.
F.1. Submittal of a Comprehensive Base Year Emissions Inventory
    Indiana has submitted final, adopted 1990 base year emission 
estimates and associated documentation for the subject areas. The 
emission inventories for these areas have been reviewed in a separate 
technical support document and have been found to be acceptable. A 
direct final rulemaking approving these emission inventories was 
published on June 20, 1994 (59 FR 31544).
F.2. Emission Statement SIP Revision
    Indiana has submitted a SIP revision covering regulations requiring 
the submittal of annual emission statements by facilities with 
potential VOC emissions equal to or exceeding 25 tons per year. This 
SIP revision has been reviewed in a separate rulemaking. A direct final 
rulemaking approving this SIP revision was published on June 10, 1994 
(59 FR 29953).
F.3. New Source Review Regulations
    The State of Indiana has submitted NSR regulations in compliance 
with section 182(a)(2)(C) of the Act. The USEPA is in the process of 
reviewing these regulations. Although the USEPA has not approved these 
regulations, it should be noted that the USEPA does not consider 
compliance with these requirements to be a prerequisite to the 
redesignation of an area to attainment of the ozone NAAQS. The USEPA 
believes that the applicability of the Part C PSD program to 
maintenance areas makes it unnecessary to require that an area have 
obtained full approval of NSR revisions required by Part D of the Act 
in order to be redesignated. The USEPA believes that this 
interpretation of the Act is appropriate notwithstanding section 
175A(d)'s requirement that the contingency provisions of a maintenance 
plan include a commitment on the part of the State to implement all 
measures to control the relevant air pollutants that were contained in 
the SIP prior to redesignation. The term ``measure'' is not defined in 
section 175A(d) and it appears that Congress utilized the terms 
``measure'' or ``control measure'' differently in different provisions 
of the Act that concern the PSD and NSR permitting programs. Compare 
section 110(a)(2)(A) and (C) with section 161. In light of this 
ambiguity in the use of the term ``measure,'' USEPA believes that term 
``measure'' as used in section 175A(d) may be interpreted so as not to 
include NSR permitting programs. That this is an appropriate 
interpretation is further supported by USEPA's historical practice, 
dating back even before the 1990 amendment of the Act, of not requiring 
redesignating areas to demonstrate through modeling or to otherwise 
justify replacing the nonattainment NSR program with the PSD program 
once the areas were redesignated. Rather, the USEPA has historically 
allowed the NSR programs to be automatically replaced by the PSD 
programs upon redesignation.
F.4. RACT Corrections
    As required by section 182(a)(2)(A) of the Act, Indiana has 
corrected RACT deficiencies previously identified by the USEPA. These 
RACT corrections were approved by the USEPA on March 6, 1992 (57 FR 
8086).
F.5. Conformity of Federal Actions With the SIP
    Section 176(c) of the CAA requires States to revise their SIPs to 
establish criteria and procedures to ensure that Federal actions, 
before they are taken, conform to the air quality planning goals in the 
applicable SIP. The requirement to determine conformity applies to 
transportation plans, programs and projects developed, funded or 
approved under Title 23 U.S.C. or the Federal Transit Act 
(``transportation conformity''), as well as to all other Federal 
actions (``general conformity''). Section 176 further provides that the 
conformity revisions to be submitted by States must be consistent with 
Federal conformity regulations that the CAA required USEPA to 
promulgate. Congress provided for the State revisions to be submitted 
one year after the date for promulgation of final USEPA conformity 
regulations. When that date passed without such promulgation, USEPA's 
General Preamble for the Implementation of Title I informed States that 
its conformity regulations would establish a submittal date (see 57 FR 
13498, 13557 (April 16, 1992)).
    The USEPA promulgated final transportation conformity regulations 
on November 24, 1993 (58 FR 62188) and general conformity regulations 
on November 30, 1993 (58 FR 63214). These conformity rules require the 
States to adopt both transportation and general conformity provisions 
in the SIP for areas designated nonattainment or subject to a 
maintenance plan approved under section 175A of the CAA. Pursuant to 
Sec. 51.396 of the transportation conformity rule and Sec. 51.851 of 
the general conformity rule, the State of Indiana is required to submit 
a SIP revision containing transportation conformity criteria and 
procedures consistent with those established in the Federal rule by 
November 25, 1994. Similarly, Indiana is required to submit a SIP 
revision containing general conformity criteria and procedures 
consistent with those established in the Federal rule by December 1, 
1994. Because the deadlines for these submittals have not yet come due, 
they are not applicable requirements under section 107(d)(3)(E)(v) and, 
thus, do not affect approval of the redesignation request. It should be 
noted, however, that the State of Indiana has committed to the 
submittal of these SIP revisions by the required submittal deadlines.
F.6. Vehicle Inspection and Maintenance
    Section 182(a)(2)(B) of the Act presents the savings clause for 
vehicle inspection and maintenance, requiring the adoption and 
implementation of a vehicle inspection and maintenance program if 
already included in the SIP (prior to the 1990 amendments of the Act) 
or if required by section 172(b)(11)(B) of the pre-1990 Act. The USEPA 
fully approved Indiana vehicle inspection and maintenance plan on July 
31, 1990 (55 FR 31048). The approved plan only applied to Clark, Floyd, 
Lake, and Porter Counties. The areas subject to this redesignation 
rulemaking were not required to implement a vehicle inspection and 
maintenance program.

III. Summary of USEPA Review of Redesignation Requests

1. Monitored Attainment of the NAAQS

    IDEM has collected quality assured ozone data in all three areas 
showing attainment of the ozone standard at all monitoring sites during 
the most recent three years of monitoring (1990-1992). These data are 
recorded in AIRS. These data show compliance with this redesignation 
requirement. Additionally, the 1993 data show continued monitored 
attainment of the ozone NAAQS.

2. Approved State Implementation Plans

    All three areas are covered by a SIP approved under section 110 and 
Part D of the Act. Indiana has implemented this SIP in all three areas. 
This implementation includes the adoption and implementation of USEPA 
approved RACT regulations and other required reasonably available 
control measures required by the pre-1990 Act. Indiana has corrected 
all previously noted RACT deficiencies, and USEPA has fully approved 
Indiana's RACT regulations.

3. Improvement of Air Quality Due to Permanent and Enforceable Emission 
Reductions

    In all three areas, implementation of VOC emission control 
requirements and permanent, enforceable emission reductions from source 
closures have led to VOC emission reductions.

4. Maintenance Plans

    The contingency portions of the maintenance plans were found to be 
acceptable. In addition, demonstrations of maintenance have been made 
for all three areas through emission projections to 2006.
    One issue concerning the contingency measures, however, must be 
noted. As discussed above, Indiana has chosen to include the 
implementation of tighter gasoline RVP (requiring lower RVP) 
requirements as a contingency measure. At the same time Indiana was 
finalizing its maintenance plans, the USEPA issued new guidance 
concerning the use of lower RVP as contingency measures in maintenance 
plans. This new guidance was provided in a November 8, 1993 memorandum 
from Michael Horowitz, Office of General Counsel, to Directors of Air 
and Radiation Divisions. The guidance indicates that, for States to 
include lower RVP as a contingency measure in maintenance plans, the 
maintenance plan must include several things with respect to this 
contingency measure. First, the maintenance plan must indicate that if 
the former nonattainment area fell back into nonattainment, the State 
would submit a request to the USEPA to find under section 211(c)(4)(C) 
of the Act that the lower RVP requirement is necessary for the area to 
achieve the ozone NAAQS. Second, since the implementation of a lower 
RVP would rely upon USEPA's determination of whether it was necessary 
to achieve attainment, the State must provide for the possibility that 
a lower RVP could not be implemented. To do so, the State would need to 
provide for a backup measure in the maintenance plan. The maintenance 
plan could also include a commitment to adopt, as an alternative to the 
specified measure, measures identified by the USEPA as practicable in 
its denial of the State's request for a lower RVP requirement. If the 
State chooses to adopt measures specified by the USEPA and the USEPA 
has provided several options for acceptable measures, the State must 
adopt the requisite number of these measures as is necessary to again 
achieve the standard. The State would need to include a schedule for 
submittal of the section 211(c)(4)(C) request to the USEPA and a 
schedule for final adoption and implementation of a lower RVP standard, 
or the back-up measure(s), or the alternative measures selected by the 
USEPA. The schedule would need to be tied to the triggering event for 
the contingency measure, not to USEPA action on the 211(c)(4)(C) 
request.
    Notwithstanding the November 8, 1993 policy discussed above, which 
was not available to Indiana at the time the State was finalizing and 
submitting its maintenance plans to the USEPA, USEPA is approving 
Indiana's maintenance plans as they currently exist. This is because 
Indiana has identified a wide range of contingency measures to choose 
from in the maintenance plan and is, therefore, not relying exclusively 
on lower RVP requirements as a contingency measure. If Indiana, 
however, upon the triggering of the need to implement contingency 
measures, chooses to implement requirements for lower RVP, Indiana must 
submit the section 211(c)(4)(C) request in compliance with the Act.

5. Implementation of All Requirements of Section 110 and Part D of the 
Act

    As indicated above, all requirements of the Act applicable to these 
areas have been met through SIP revision submittals. These SIP 
revisions must be approved through final rulemaking before or at the 
same time as final rulemaking on the redesignation of the areas.

IV. Final Rulemaking Action

    The State of Indiana has met the requirements of the Act revising 
the Indiana ozone SIP. The USEPA approves the redesignation of 
Evansville (Vanderburgh County); Indianapolis (Marion County); and 
South Bend/Elkhart (St. Joseph and Elkhart Counties) to attainment for 
ozone.
    Because USEPA considers this action to be noncontroversial and 
routine, the USEPA is approving it without prior approval. This action 
will become effective on September 6, 1994. However, if the USEPA 
receives adverse comments by August 8, 1994, then the USEPA will 
publish a notice that withdraws the action, and will address these 
comments in the final rule on the requested redesignation and SIP 
revision which has been proposed for approval in the proposed rules 
section of this Federal Register. The comment period will not be 
extended or reopened. This withdrawal will be done on a geographic 
basis if the adverse comments received do not concern all three 
geographic areas. For example, if USEPA receives adverse comments 
concerning the South Bend/Elkhart Area redesignation request, only that 
portion of the final rule concerning the South Bend/Elkhart Area will 
be withdrawn.
    The OMB has exempted this regulatory action from Executive Order 
12866 review.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to any SIP shall be 
considered separately in light of specific technical, economic, and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, USEPA may certify that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small not-for-profit 
enterprises, and government entities with jurisdiction over populations 
of less than 50,000.
    The SIP approvals under section 110 and subchapter I, part D, of 
the Act do not create any new requirements, but simply approve 
requirements that the State is already imposing. Therefore, because the 
Federal SIP approval does not impose any new requirements, I certify 
that it does not have a significant impact on small entities affected. 
Moreover, due to the nature of the Federal-State relationship under the 
Act, preparation of a regulatory flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of State action. The 
Act forbids USEPA to base its actions concerning SIPs on such grounds. 
Union Electric Co. v. USEPA, 427 U.S. 246, 256-66 (1976).

List of Subjects in 40 CFR Parts 52 and 81

    Air pollution control, Carbon monoxide, Environmental protection, 
Hydrocarbons, Nitrogen dioxide, Ozone, Volatile organic compounds.

    Dated: June 21, 1994.
Valdas V. Adamkus,
Regional Administrator.

    Parts 52 and 81, chapter I, title 40 of the Code of Federal 
Regulations are amended as follows:

PART 52--[AMENDED]

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

    Authority: 42 U.S.C. 7401-7671q.

Subpart P--Indiana

    2. Section 52.777 is amended by adding paragraph (f) to read as 
follows:


Sec. 52.777  Control strategy: Photochemical oxidants (hydrocarbons).

* * * * *
    (f) Approval--The Indiana Department of Environmental Management 
submitted three ozone redesignation requests and maintenance plans 
requesting the ozone nonattainment areas to be redesignated to 
attainment for ozone: South Bend/Elkhart (St. Joseph and Elkhart 
Counties), submitted on September 22, 1993; Evansville (Vanderburgh 
County), submitted on November 4, 1993; Indianapolis (Marion County), 
submitted on November 12, 1993. The redesignation requests and 
maintenance plans meet the redesignation requirements in section 
107(d)(3)(d) of the Act as amended in 1990. The redesignations meet the 
Federal requirements of section 182(a)(1) of the Clean Air Act as a 
revision to the Indiana ozone State Implementation Plan for the above 
mentioned counties.
* * * * *

PART 81--[AMENDED]

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

    Authority: 42 U.S.C. 7401-7871q.

    2. In Section 81.315 the attainment status designation table for 
ozone is amended by revising the following; designated areas to read as 
follows:


Sec. 81.315  Indiana.

* * * * * 

                             Indiana--Ozone                             
------------------------------------------------------------------------
                                    Designation           Classification
    Designated areas     -----------------------------------------------
                           Date            Type            Date    Type 
------------------------------------------------------------------------
                                                                        
                                                                        
                                  *****                                 
Evansville area:                                                        
  Vanderburgh County....    (*)  Attainment.............  ......  ......
Indianapolis area:                                                      
  Marion County.........    (*)  Attainment.............  ......  ......
                                                                        
                                  *****                                 
South Bend-Elkhart area:                                                
  Elkhart County........    (*)  Attainment.............  ......  ......
  St. Joseph County.....    (*)  Attainment.............  ......  ......
                                                                        
                                 *****                                  
------------------------------------------------------------------------
*September 6, 1994.                                                     

[FR Doc. 94-16506 Filed 7-7-94; 8:45 am]
BILLING CODE 6560-50-P