[Federal Register Volume 61, Number 56 (Thursday, March 21, 1996)]
[Rules and Regulations]
[Pages 11552-11556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6597]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[IN66-1-7289a; FRL-5439-6]


Approval and Promulgation of State Implementation Plan; Indiana; 
Clean-Fuel Fleet Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The U.S. Environmental Protection Agency (USEPA) is giving 
full approval through a direct final action to a state implementation 
plan (SIP) revision request submitted on December 20, 1995, and 
February 14, 1996, by the State of Indiana for the purpose of 
establishing a Clean-Fuel Fleet Program (CFFP) in Lake and Porter 
Counties. Lake and Porter Counties are classified as severe 
nonattainment for ground-level ozone, commonly known as urban smog, and 
are required under the Clean Air Act (CAA) to attain the National 
Ambient Air Quality Standards (NAAQS) by 2007. The Indiana CFFP, which 
is also required by the CAA, is one of the control measures being 
implemented in these counties to reduce ozone precursor emissions in 
order to help attain the ozone standard. The Indiana CFFP requires 
that, beginning in Model Year (MY) 1998, a specified percentage of the 
new vehicles acquired by certain vehicle fleets operating in Lake and 
Porter Counties meet clean fuel vehicle (CFV) emissions standards, 
which are more stringent than current federal vehicle standards. 
Indiana expects that after the full phase-in of the CFFP, approximately 
3500 fleet vehicles in Lake and Porter Counties will meet the CFV 
tailpipe standards.

DATES: This final rule is effective May 20, 1996 unless adverse 
comments are received by April 22, 1996. If the effective date is 
delayed, timely notice will be published in the Federal Register.

ADDRESSES: Copies of this submittal, and other documents pertinent to 
this direct final rule are available at the following address: U.S. 
Environmental Protection Agency, Region 5, Air and Radiation Division, 
Air Programs Branch, 77 West Jackson Boulevard, Chicago, Illinois 
60604.
    Comments on this rule should be addressed to: J. Elmer Bortzer, 
Chief, Regulation Development Section, Air Programs Branch (AR-18J), 
United States Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Mark J. Palermo, Environmental 
Protection Specialist, Regulation Development Section, Air Programs 
Branch (AR-18J), United States Environmental Protection Agency, Region 
5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6082.

SUPPLEMENTARY INFORMATION:

I. Background

    On November 15, 1990, Congress enacted amendments to the 1977 CAA, 
codified at 42 U.S.C. 7401-7671q. The CFFP is contained under Part C of 
Title II of the CAA, entitled ``Clean Fuel Vehicles.'' Part C was added 
to the CAA to establish two programs, a clean-fuel vehicle pilot 
program in the state of California (the California Pilot Test Program) 
and a federal CFFP in certain ozone and carbon monoxide (CO) 
nonattainment areas.
    The CFFP will introduce lower polluting vehicles, CFVs, into 
centrally-fueled fleets by requiring covered fleet operators to include 
a specified percentage of CFVs in their new fleet purchases. The goal 
of the CFFP is to reduce emissions of non-methane organic gases (NMOG), 
oxides of nitrogen (NOx), and CO through the introduction of CFVs 
into the covered areas. Both NMOG and NOx are precursors of ozone 
and, in most areas, their reduction will reduce the concentration of 
ozone in covered ozone nonattainment areas. Reductions of vehicular CO 
emissions will reduce the concentration of CO in covered CO 
nonattainment areas.
    Congress chose centrally-fueled fleets because operators of these 
fleets have more control over obtaining fuel than the general public. 
Additionally, the control that operators maintain over their fleets 
simplifies maintenance and refueling of these vehicles. Finally, 
because fleet vehicles typically travel more miles on an annual basis 
than do non-fleet vehicles, they provide greater opportunity to improve 
air quality on a per vehicle basis.
    Section 182(c)(4) of the CAA allows states to opt-out of the CFFP 
by submitting, for USEPA approval, a SIP revision consisting of a 
substitute program resulting in as much or greater long term emission 
reductions in ozone producing and toxic air emissions as the CFFP. The 
USEPA may approve such a revision ``only if it consists exclusively of 
provisions other than those required under the [CAA] for the area.''
    USEPA has promulgated rulemakings on March 1, 1993, December 9, 
1993, and September 30, 1994, establishing emission standards for CFVs 
and criteria for state CFFPs (See 58 FR 11888, 58 FR 64679, and 59 FR 
50042). These rules were codified in 40 CFR part 88.

II. Program Requirements

    Unless a state chooses to opt-out of the CFFP under section 
182(c)(4) of the CAA, section 246 of the CAA directs a state containing 
covered areas to revise its SIP, within 42 months after enactment of 
the CAA, to establish a CFFP. The CFFP shall require a specified 
percentage of all newly acquired vehicles of covered fleets, beginning 
with MY 1998 and thereafter, to be CFVs, and such vehicles shall use 
the fuel on which the vehicle was certified to be a CFV (or to use a 
fuel that will result in even fewer emissions than the fuel that was 
used for certification), when operating in the covered area.

III. State Submittal

    The State of Indiana did not choose to opt-out of the CFFP pursuant 
to section 182(c)(4) of the CAA. On December 7, 1994, the Indiana Air 
Pollution Control Board (IAPCB) held a preliminary adoption hearing on 
a proposed rule to establish a CFFP program, and on October 4, 1995, 
the IAPCB adopted the rule. The rule became effective on January 18, 
1996, and was published in the Indiana State Register on February 1, 
1996. The Indiana Department of Environmental Management (IDEM) 
formally submitted the CFFP rule to USEPA on December 20, 1995, as a 
revision to the Indiana ozone SIP, and submitted an addendum which 
included the Secretary of State signature and the published rule on 
February 14, 1996.
    The December 20, 1995, and February 14, 1996, submittals contains 
the following new rules:
326 Indiana Air Code (IAC) 19-3 Clean Fuel Fleet Vehicles
19-3-1  Applicability
19-3-2  Definitions
19-3-3  General purchase requirements
19-3-4  Banking and trading of credits

[[Page 11553]]

19-3-5  Registration and recordkeeping requirements
19-3-6  Exemptions from transportation control measures
19-3-7  Violations

IV. USEPA's Analysis of the State's Clean Fuel Fleet Program

    USEPA has reviewed the State's submittal for consistency with the 
requirements of USEPA regulations at 40 CFR Part 88. A summary of 
USEPA's analysis is provided below.

A. Covered Areas

    The SIP revision needs to list those areas where the CFFP will be 
implemented, as required by section 246(a)(2) of the CAA. In Indiana, 
the applicable areas defined by section 246(a)(2) are Lake and Porter 
Counties.
    Section 19-3-1 defines the CFFP's covered area as Lake and Porter 
Counties. These are the same counties as required by the CAA.

B. Definitions

    Sections 241(1) through (7) of the CAA, and 40 CFR 88.302-94, 
define specific terms that are to be used in state CFFP regulations.
    Section 19-3-2 contains definitions of the terms used by Indiana in 
the CFFP rule. The revision's definitions are consistent with section 
241(1) through (7) of the CAA as well as 40 CFR Part 88.302-94.

C. Fleet Applicability

    Section 246(b) requires that the SIP revision's provisions for 
compliance with the CFFP apply to ``covered fleet operators.'' The 
definition of ``covered fleet operator,'' as provided for in 40 CFR 
88.302-94, can be broken down into the following criteria which the SIP 
revision must include in order to determine which fleet operators are 
``covered fleet operators:''
    (a) The fleet operator is a person (individual, business, agency, 
etc;) who owns, operates, leases, or otherwise controls ten or more 
fleet vehicles. Vehicles leased for less than 120 days are exempt from 
this criteria.
    (b) At least ten of those fleet vehicles are in a vehicle class 
which is required by the CAA to be covered in the program. These 
vehicle classes are light-duty vehicles and light-duty trucks (LDVs and 
LDTs) less than 8,500 pounds Gross Vehicle Weight Rating (GVWR) and 
heavy-duty trucks (HDTs) less than 26,000 pounds GVWR.
    (c) At least ten of those vehicles are not exempt from the program. 
Section 241(5) of the CAA exempts motor vehicles held for lease or 
rental (without a driver) to the general public, motor vehicles held 
for sale by motor vehicle dealers (including demonstration vehicles), 
motor vehicles used for motor vehicle manufacturer product evaluations 
or tests, law enforcement and other emergency vehicles, and nonroad 
vehicles (including farm and construction vehicles).
    (d) At least ten of those vehicles operate in the covered area. All 
fleet vehicles which are garaged in the covered area are considered to 
``operate in the covered area.'' In addition, 40 CFR 88.302-94 provides 
that fleet vehicles that operate in, but are garaged outside, the 
covered area be included in the CFFP. This means that fleet vehicles 
garaged outside the Lake and Porter Counties but nonetheless operated 
in those counties are applicable to the CFFP rules.
    (e) At least ten of those vehicles can be centrally fueled 100 
percent of the time. ``Can be centrally fueled,'' as defined in 40 CFR 
88.302-94, means the sum of those vehicles that are centrally fueled 
and those vehicles that are capable of being centrally fueled. Fleet 
vehicles are ``centrally fueled'' when they are fueled 100 percent of 
the time at a location that is owned, operated, or controlled by the 
covered fleet operator, or is under contract with the covered fleet 
operator. Location, as defined in 40 CFR 88.302-94(3), means any 
building structure, facility, or installation which; is owned or 
operated by a person, or is under the control of a person; is located 
on one or more contiguous properties and contains or could contain a 
fueling pump or pumps for the use of the vehicles owned or controlled 
by that person. Any vehicle under normal operation which is garaged at 
a personal residence that is, in fact, centrally fueled 100 percent of 
the time shall be considered to be ``centrally fueled'' for 
applicability purposes.
    On the other hand, a fleet vehicle that is ``capable of being 
centrally fueled'' is one which could be refueled 100 percent of the 
time at a location that is owned, operated, or controlled by the 
covered fleet operator, or is under contract with the fleet operator. 
Fleet vehicles garaged at a personal residence would not be considered 
being ``capable of being centrally fueled'' for applicability purposes. 
A state must, in its SIP revision, provide a methodology to be used in 
determining how many fleet vehicles are capable of being centrally 
fueled, subject to USEPA approval.
    Section 19-3-1 and 19-3-2 of the Indiana rule contain all the 
necessary components for determining covered fleet operator 
applicability as described above. Further, the rule states in 
subsection 19-3-2(4) that the determination of ``capable of being 
centrally fueled'' shall be made by using USEPA's recommended method 
provided on December 9, 1993 (58 FR 64684), as amended on September 30, 
1994 (59 FR 50068). This method includes requiring covered fleet 
operators which control vehicles which are not centrally fueled 100 
percent of the time to develop trip profiles which indicate the 
refueling patterns of those vehicles. These trip profiles will, in 
turn, be used to calculate the number of vehicles in the fleet which 
are capable of being centrally fueled.

D. Clean-Fuel Vehicles (CFVs)

    Section 241(7) of the CAA defines a CFV to mean a vehicle in a 
class or category of vehicles that has been certified to meet for any 
model year the applicable CFV standards. 40 CFR 88.104-94 and 40 CFR 
88.105-94 establish three categories of increasingly stringent CFV 
standards, which are referred to as low-emission vehicle (LEV) 
standards, ultra low-emission vehicle (ULEV) standards, and zero-
emission vehicle (ZEV) standards.
    Section 19-3-2(7) of the Indiana rule defines a CFV as a vehicle 
certified as a LEV, ULEV, or ZEV when it is operating on the clean fuel 
for which the vehicle was certified as a clean fuel vehicle, meeting 
the emissions standards applicable to such a vehicle promulgated 
September 30, 1994 at 59 FR 50042. The standards specified in the rule 
are the same as those established in 40 CFR 88.104-94 and 40 CFR.105-
94.

E. Percentage Requirements

    Section 246(b) of the CAA provides that the SIP revision require 
that at least a specified percentage of all new covered fleet vehicles 
in MY 1998 and thereafter purchased by each covered fleet operator 
shall be CFVs, and that these CFVs shall use the clean fuel or fuels 
for which they were certified to operate on when operating in the 
covered area.
    ``New covered fleet vehicle,'' for purposes of this requirement, 
means a vehicle that has not been previously controlled by the current 
purchaser, regardless of the MY, except as follows: vehicles that were 
manufactured before the start of MY 1998 for such vehicle's weight 
class, vehicles transferred due to the purchase of a company not 
previously controlled by the purchaser or due to a consolidation of 
business operations, vehicles transferred as part of an employee 
transfer, or vehicles transferred for seasonal requirements, that is, 
less than 120 days (See 40 CFR

[[Page 11554]]
88.302-94). This definition of new covered fleet vehicle is distinct 
from the definition of new vehicle as it applies to manufacturer 
certification, including the certification of vehicle to clean fuel 
standards.
    Further, section 246(b) of the CAA provides the following table 
detailing the phase-in of the specified percentage requirements, which 
must be included in the SIP revision:

----------------------------------------------------------------------------------------------------------------
                                                                      MY 1998         MY 1999         MY 2000   
                          Vehicle type                               (percent)       (percent)       (percent)  
----------------------------------------------------------------------------------------------------------------
LDTs up to 6000 lbs. GVWR and LDVs..............................              30              50              70
HDTs above 8,500 lbs. GVWR but below 26,000 lbs. GVWR...........              50              50              50
----------------------------------------------------------------------------------------------------------------

    As an alternative to purchasing CFVs to meet the purchase 
requirement, section 246 allows fleet operators to redeem CFFP credits 
instead (the CFFP credit provisions are described in further detail 
below). Also, section 247 provides that new or existing vehicles owned 
or purchased by the fleet can be converted to meet CFV standards, if 
the conversions were made according to requirements promulgated at 40 
CFR 88.306. (See September 30, 1994, at 59 FR 50042).
    Finally, section 246(d) of the CAA requires that the choice of CFVs 
and clean fuels shall be at the discretion of the covered fleet 
operators.
    The Indiana rule correctly incorporates all of the above required 
percentage purchase requirements which will be placed upon covered 
fleet operators. It also includes the three ways listed above to comply 
with the purchase requirement. Section 19-3-3(d) of the Indiana rule 
provides that the fleet operator shall decide which CFVs and fuels to 
use in order to comply with the purchase requirement. Section 19-3-3(f) 
requires that CFVs used to meet purchase requirements or generate 
credits shall operate at all times on the fuel for which they were 
certified as CFVs in Lake and Porter Counties. Finally, the rule 
requires at section 3(b) that CFV conversions must be done in 
accordance with the requirements for CFV conversions contained in 59 FR 
50042, September 30, 1994.

G. Credit Program

    Section 246(f) of the CAA and 40 CFR 88.304-94 require states to 
implement a credit program as part of their CFFPs. Briefly, the CFFP 
credit program establishes a market-based mechanism that allows fleet 
owners some flexibility in complying with the CFFP purchase 
requirement. The regulations under 40 CFR 88.304-94 require CFFPs to 
allow fleet operators to generate credits in any of the following ways: 
(1) by the purchase of more CFVs than the minimum required by a CFFP; 
(2) by the purchase of CFVs which meet more stringent emission 
standards than the minimum required by the CFFP; (3) by the purchase of 
CFVs otherwise exempt from the CFFP; and (4) by the purchase of CFVs 
before MY 1998.
    40 CFR 88.304-94 further states that the credits generated may be 
used by a covered fleet operator to satisfy the purchase requirements 
of a CFFP or may be traded by one covered fleet operator to another, 
provided the credits were generated, traded, and used by operators 
located in the same nonattainment area. Lake and Porter Counties are in 
the same ozone nonattainment area as the Chicago area (as codified in 
40 CFR 81.314 and 40 CFR 81.315), so that fleet operators covered under 
the Indiana CFFP can trade credits with fleet operators covered under 
the Illinois CFFP for the Chicago area portion of the ozone 
nonattainment area, and vice versa. Certain restrictions on the trading 
of the credits between classes must be observed. The credits do not 
depreciate with time and are to be freely traded without interference 
by the State.
    Section 19-3-4 establishes rules for acquiring, trading and 
redeeming credits under the Indiana CFFP credit program according to 
regulations established in 40 CFR 88.304-94. The rule under 19-3-
4(d)(4) requires credits for LDV and HDV to be kept separate. Trading 
of credits between the LDV and LDT subclasses is permitted. However, 
trading is not allowed between the HDV class and LDV/LDT class, or 
between HDV subclasses in an upward direction. These limitations and 
restrictions are consistent with those specified in section 246(f)(2) 
of the CAA. Moreover, section 19-3-4(a)(11) specifies that CFVs used to 
meet the purchase requirements or to generate purchase credits for a 
fleet operator cannot be used to satisfy additional purchase 
requirements or generate additional purchase credits for any other 
fleet operator, even if the latter operator purchases or acquires those 
CFVs from the former. Section 19-3-4(e) of the Indiana rule includes 
tables which set forth the amount of credit granted for the various 
ways of meeting the purchasing requirements explained above. These 
tables are identical to Tables C94-1.1, C94-1.2, C94-1.3, C94-4.1, C94-
4.2, and C94-4.3 of 40 CFR Part 88, Subpart C.
    Finally, the rule specifies that each fleet operator submit an 
annual report to IDEM which indicates the number of credits sold, 
traded, or purchased during the previous year and the number of credits 
proposed to be used by the operator to satisfy purchase requirements 
for that year.

H. Fuel Use

    40 CFR 88.304-94(b)(3) requires that the fuel on which a dual fuel/
flexible fuel CFV was certified must be used at all times when the 
vehicle is in the covered area.
    Section 19-3-3(f) requires that any CFV acquired to meet the 
purchase requirements of the CFFP or to generate credits must be 
operated, while in the covered area, on the fuel or power source for 
which it was certified by USEPA to meet applicable emission standards.
    It should be noted that the definition of ``clean alternative 
fuel'' under section 241(2) of the CAA does not designate particular 
fuels as fuels that vehicles must use in order to be considered CFVs. 
Rather, for purposes of the CFFP, ``clean alternative fuel,'' is 
defined under section 241(2) of the CAA as meaning any fuel or power 
source used in a CFV that complies with the standards and requirements 
applicable to such vehicle under the CFFP when using such fuel or power 
sources. In other words, when a vehicle model is certified to meet CFV 
emission standards, the fuel type the vehicle model used to achieve 
those standards is considered the ``clean alternative fuel.''
    A CFV can operate on any fuel, including gasoline, as long as the 
vehicle's manufacturer received a certificate from the USEPA for that 
vehicle model confirming that it meets the particular CFV emission 
standard when using that fuel. The type of fuel or power source on 
which a CFV will operate on will be determined only by what fuel the 
CFV has been certified to use.

I. Fuel Availability:

    Section 246(e) of the CAA requires the SIP revision to require fuel 
providers to

[[Page 11555]]
make clean alternative fuel available to the covered fleets at central 
locations.
    Because fuel providers in Lake and Porter Counties are already 
required by USEPA to make reformulated gasoline available, and USEPA 
expects that many CFVs in MY 1998 will be certified to operate on 
reformulated gasoline, USEPA believes that section 246(e) is satisfied 
for purposes of the Indiana CFFP.

J. Consultation

    Section 246(a)(4) of the CAA requires that the SIP revision must be 
developed in consultation with fleet operators, vehicle manufacturers, 
fuel producers, distributors of motor vehicle fuel, and other 
interested parties, taking into consideration operational range, 
specialty uses, vehicle and fuel availability, costs, safety, resale 
values, and other relevant factors.
    On October 14, 1994, before the IAPCB preliminarily adopted the 
CFFP, IDEM sent a letter, addressed to 250 representatives of fleet 
operators and fuel providers expected to be affected by the Indiana 
CFFP, which described the program, solicited comment on the proposed 
rule, invited the representatives to participate with IDEM in the 
program's development, and invited them to attend the IAPCB preliminary 
adoption hearing.
    On August 31, 1995, before the IAPCB adopted the CFFP, IDEM sent a 
letter to these same representatives inviting them to attend an 
informational session where IDEM and the regulated community could meet 
together to discuss the CFFP and be given further opportunity to 
comment on the rule. This meeting was held in Portage, Indiana on 
September 20, 1995.

K. Recordkeeping and Monitoring

    USEPA recommends that the State include recordkeeping provisions in 
its CFFP that require fleet operators to register with the State in 
advance of MY 1998 in order to provide information to be used to 
determine their covered status, require annual reports from covered 
fleet operators indicating annual fleet acquisitions, fuel use, and 
credit generation/redemption to determine compliance, and require 
covered and noncovered fleet operators to submit periodic reports 
indicating covered status (See 58 FR at 64679, December 9, 1993).
    Section 19-3-5 provides for recordkeeping and reporting 
requirements as described above. In addition, 19-3-5 requires that 
information required in the annual report, as well as routine 
maintenance records for all vehicles, shall be maintained by the 
covered fleet operator for compliance audit purposes. Monthly odometer 
readings, fuel economy information, and fuel usage for dual fuel or 
flexible-fuel vehicles also need to be kept, as well as copies of 
converted vehicle certification for all converted clean-fuel vehicles. 
CFVs shall at all times be accompanied by certification that they are 
CFVs.

L. Enforcement

    40 CFR 88.304-94(b)(ii) requires that each CFFP SIP revision 
stipulate the specific mechanism by which the CFFP will be administered 
and enforced.
    IDEM will oversee compliance and enforcement with this rule, and 
will hire contractors to review the annual recordkeeping reports to 
assure the regulatory requirements of the Indiana CFFP are being met.
    The Indiana Code (IC) 13-7-13-1, states that any person who 
violates any provision of IC 13-1-1, IC 13-1-3, or IC 13-1-11, or any 
regulation or standard adopted by one (1) of the boards (i.e., IAPCB), 
or who violates any determination, permit, or order made or issued by 
the commissioner (of IDEM) pursuant to IC 13-1-1, or IC 13-1-3, is 
liable for a civil penalty not to exceed twenty-five thousand dollars 
per day of any violation. Because this submittal is a regulation 
adopted by the IAPCB, a violation of which subjects the violator to 
penalties under IC 13-7-13-1, and because a violation of the ozone SIP 
would also subject a violator to enforcement under section 113 of the 
CAA by USEPA, USEPA finds that the submittal contains sufficient 
enforcement penalties for approval. In addition, IDEM has submitted a 
civil penalty policy document which accounts for various factors in the 
assessment of an appropriate civil penalty for noncompliance with IAPCB 
rules, among them, the severity of the violation, intent of the 
violator, and frequency of violations. USEPA finds these criteria 
sufficient to deter non-compliance.

M. Transportation Control Measure Exemptions

    40 CFR 88.307-94(a) requires states to exempt any CFV required by 
law to participate in a CFFP from temporal-based (e.g., time-of-day or 
day-of-week) transportation control measures (TCM) existing for air 
quality reasons as long as the exemption does not create a clear and 
direct safety hazard. In the case of high occupancy vehicle (HOV) 
lanes, this exemption only applies to CFVs that are certified by USEPA 
to be inherently low-emitting vehicles (ILEV) pursuant to 40 CFR 
88.313-93.
    Section 19-3-6 stipulates that CFVs shall receive TCM exemptions 
from time-of-day, day-of-the-week, day-of-the-month, or other similar 
time-based restrictions. Further, ILEVs shall be exempt from mechanisms 
designed to reduce air pollution from motor vehicles by limiting their 
use in certain areas, air quality related parking restrictions, and HOV 
lane restrictions.

N. Conclusion

    The USEPA has reviewed the Indiana CFFP SIP revision submitted to 
the USEPA as described above. The materials contained in the SIP 
revision represent an acceptable approach to the CFFP requirements and 
meet the criteria required for approvability. The USEPA therefore 
approves Indiana's CFFP SIP submittal. With this action, USEPA 
incorporates Indiana's CFFP SIP revision into the SIP, making it 
federally enforceable.

Procedural Background

A. Direct Final Action

    The USEPA is publishing this action without prior proposal because 
USEPA views this action as a noncontroversial revision and anticipates 
no adverse comments. However, USEPA is publishing a separate document 
in this Federal Register publication, which constitutes a ``proposed 
approval'' of the requested SIP revision and clarifies that the 
rulemaking will not be deemed final if timely adverse or critical 
comments are filed. The ``direct final'' approval shall be effective on 
May 20, 1996, unless USEPA receives adverse or critical comments by 
April 22, 1996. If USEPA receives comments adverse to or critical of 
the approval discussed above, USEPA will withdraw this approval before 
its effective date by publishing a subsequent Federal Register document 
which withdraws this final action. All public comments received will 
then be addressed in a subsequent rulemaking document. Any parties 
interested in commenting on this action should do so at this time. If 
no such comments are received, USEPA hereby advises the public that 
this action will be effective on May 20, 1996.

B. Executive Order 12866

    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995, memorandum from Mary D. Nichols, Assistant Administrator 
for Air and Radiation. The Office of Management and Budget (OMB) has

[[Page 11556]]
exempted this regulatory action from Executive Order 12866 review.

C. Applicability to Future SIP Decisions

    Nothing in this action should be construed as permitting, allowing 
or establishing a precedent for any future request for revision to any 
SIP. USEPA shall consider each request for revision to the SIP in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.

D. Unfunded Mandates

    Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded 
Mandates Act'') (signed into law on March 22, 1995) requires that the 
USEPA prepare a budgetary impact statement before promulgating a rule 
that includes a Federal mandate that may result in expenditure by 
State, local, and tribal governments, in aggregate, or by the private 
sector, of $100 million or more in any one year. Section 203 requires 
the USEPA to establish a plan for obtaining input from and informing, 
educating, and advising any small governments that may be significantly 
or uniquely affected by the rule.
    Under section 205 of the Unfunded Mandates Act, the USEPA must 
identify and consider a reasonable number of regulatory alternatives 
before promulgating a rule for which a budgetary impact statement must 
be prepared. The USEPA must select from those alternatives the least 
costly, most cost-effective, or least burdensome alternative that 
achieves the objectives of the rule, unless the USEPA explains why this 
alternative is not selected or the selection of this alternative is 
inconsistent with law.
    This final rule only approves the incorporation of existing state 
rules into the SIP and imposes no additional requirements. This rule is 
estimated to result in the expenditure by State, local, and tribal 
governments or the private sector of less than $100 million in any one 
year. USEPA, therefore, has not prepared a budgetary impact statement 
or specifically addressed the selection of the least costly, most cost-
effective, or least burdensome alternative. Furthermore, because small 
governments will not be significantly or uniquely affected by this 
rule, the USEPA is not required to develop a plan with regard to small 
governments.

E. Regulatory Flexibility

    Under the Regulatory Flexibility Act, 5 U.S.C. section 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. 
sections 603 and 604.) Alternatively, USEPA may certify that the rule 
will not have a significant 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.
    SIP approvals under section 110 and subchapter I, part D of the 
Clean Air Act do not create any new requirements, but simply approve 
requirements a State has already imposed. Therefore, because the 
Federal SIP-approval does not impose any new requirements, I certify 
that it does not have a significant impact on any 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 the 
State action. The Clean Air Act forbids USEPA to base its actions 
concerning SIPs on such grounds. Union Electric Co. v. USEPA., 427 U.S. 
246, 256-66 (S.Ct. 1976); 42 U.S.C. section 7410(a)(2).

F. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by May 20, 1996. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See Section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Ozone, Motor vehicle pollution, Reporting 
and recordkeeping requirements.

    Dated: February 29, 1996.
Valdas V. Adamkus,
Regional Administrator.
    For the reasons stated in the preamble, part 52, chapter I, title 
40 of the Code of Federal Regulations is 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 52.770 is amended by adding paragraph (c)(104) to read 
as follows:


Sec. 52.770  Identification of plan.

* * * * *
    (c) * * *
    (104) On December 20, 1995, and February 14, 1996, Indiana 
submitted a Clean-Fuel Fleet Program for Lake and Porter Counties as a 
revision to the State Implementation Plan.
    (i) Incorporation by reference. 326 Indiana Administrative Code 19-
3 Clean Fuel Fleet Vehicles, Sections 1 through 7. Adopted by the 
Indiana Air Pollution Control Board October 4, 1995. Signed by the 
Secretary of State December 19, 1995. Effective January 18, 1996. 
Published at Indiana Register, Volume 19, Number 5, February 1, 1996.
[FR Doc. 96-6597 Filed 3-20-96; 8:45 am]
BILLING CODE 6560-50-P