[Federal Register Volume 62, Number 123 (Thursday, June 26, 1997)]
[Rules and Regulations]
[Pages 34406-34408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16739]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IN79-1A; FRL-5848-4]
Approval and Promulgation of State Implementation Plan; Indiana
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: The United States Environmental Protection Agency (USEPA) is
approving a February 5, 1997, request from Indiana, for a State
Implementation Plan (SIP) revision for the Vanderburgh County ozone
nonattainment area. The revision is for a transportation control
measure (TCM) to reduce the emissions of volatile organic compounds
(VOCs) from motor vehicles by converting city-owned vehicles to
compressed natural gas as a fuel. Reductions in VOCs help protect the
public's health and welfare by reducing ground level ozone, commonly
known as urban smog. High concentrations of ground level ozone can
aggravate asthma, cause inflammation of lung tissue, decrease lung
function, and impair the body's defenses against respiratory infection.
DATES: This ``direct final'' rule is effective on August 25, 1997,
unless USEPA receives written comments that are adverse or critical by
July 28, 1997. If the effective date is delayed, timely notice will be
published in the Federal Register.
ADDRESSES: Copies of the documents relevant to this action are
available for inspection during normal business hours at the following
location: Regulation Development Section, Air Programs Branch, (AR-
18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois, 60604.
Please contact Patricia Morris at (312) 353-8656 before visiting
the Region 5 office.
Written comments should be sent to: J. Elmer Bortzer, Chief,
Regulation Development Section, Air Programs Branch, (AR-18J), U.S.
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois, 60604.
FOR FURTHER INFORMATION CONTACT: Patricia Morris, Environmental
Scientist, Regulation Development Section, Air Programs Branch (AR-
18J), U.S.Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-8656.
SUPPLEMENTARY INFORMATION:
I. Background
Section 108(e) of the Clean Air Act, as amended in 1990 (Act),
provides for transportation-air quality planning guidance for the
development and implementation of transportation and other measures
necessary to demonstrate and maintain attainment of national ambient
air quality standards. Section 108(f)(1)(A) provides a list of
transportation control measures with emission reduction potential. The
USEPA has further provided guidance in the final report entitled
Transportation Control Measures: State Implementation Plan Guidance
dated September 1990; and also in Transportation Control Measure
Information Documents dated March 1992.
Section 108(f)(1)(A) of the Act lists sixteen TCMs for
consideration by States and planning agencies to use to reduce
emissions and help attain and maintain the national ambient air quality
standards. Programs to reduce motor vehicle emissions consistent with
title II of the Act are listed in section 108(f)(1)(A)(xii).
II. Evaluation of the State Submittal
On February 5, 1997, Indiana submitted to the USEPA a SIP revision
request for Vanderburgh County Transportation Control Measures,
specifically, a fleet conversion request. A public hearing was held on
March 12, 1997, and documentation on the public hearing was submitted
to complete the SIP revision request. The SIP submission was found to
be complete by the USEPA in a letter dated April 3, 1997.
The TCM for Vanderburgh County is the conversion of 40-60 city-
owned vehicles from using gasoline as a fuel to compressed natural gas.
This project is consistent with the title II provisions in section 241
for clean-fuel vehicles, and is thus consistent with section
108(f)(1)(A)(xii) as a program to reduce motor vehicle emissions.
Vanderburgh County is currently designated as marginal nonattainment
for ozone, but can adopt any and all measures to help reduce ozone
precursor pollutants and thus attain and maintain the ozone ambient air
quality standard. This TCM is consistent with the measures provided in
section 108(f)(1)(A)(xii) of the Act.
The project was formally endorsed by the Evansville Urban
Transportation Study (EUTS) Board at its June 18, 1996, public meeting.
EUTS is seeking Congestion Mitigation and Air Quality (CMAQ) funds for
the project from the Department of Transportation, to be matched with
local money.
The SIP revision request provides an estimate of the emission
reduction for a fuel conversion of 40 light duty vehicles from the city
and county fleets to compressed natural gas. The air quality benefits
are estimated utilizing emission test results from the California Air
Resources Board and, assuming that each vehicle will average 20,000
miles of use per year with a five year life cycle. The estimated air
quality benefit is calculated as 0.141 tons per year of hydrocarbon
emissions, 1.225 tons per year of carbon monoxide emissions, and 0.194
tons per year of oxides of nitrogen
[[Page 34407]]
emissions. These pollutants are precursors of ground level ozone or
smog, and reductions in precursors will reduce the concentrations of
ground level ozone.
The SIP revision request thus meets the requirements for a TCM, as
defined in section 108 of the Act, and meets the requirements for
emission reductions to help attain and maintain the national ambient
air quality standards.
As an approved TCM in the SIP for Vanderburgh County, this TCM will
need to be included in the transportation improvement program and
transportation plan for the area, and tracked and reported for
conformity purposes. The requirements for transportation conformity
cannot be met unless TCMs in the approved SIP for the area are
proceeding according to schedule.
III. USEPA Action
The USEPA approves Indiana's February 5, 1997, SIP revision request
to implement the transportation control measure of fleet conversion of
city and county vehicles (at least 40) to compressed natural gas as a
fuel.
The USEPA is publishing this action without prior proposal because
USEPA views this as a noncontroversial revision and anticipates no
adverse comments. However, in a separate document in this Federal
Register publication, the USEPA is proposing to approve the SIP
revision should adverse or critical written comments be filed. This
action will be effective on August 25, 1997, unless, by July 28, 1997,
adverse or critical written comments on the approval are received.
If the USEPA receives adverse written comments, the approval will
be withdrawn before the effective date by publishing a subsequent
rulemaking that will withdraw the final action. All written public
comments received will be addressed in a subsequent final rule based on
this action serving as a proposed rule. The USEPA will not institute a
second comment period on this action. Any parties interested in
commenting on this action should do so at this time. If no such
comments are received, the public is advised that this action will be
effective on August 25, 1997.
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to any
SIP. Each request for revision to the SIP shall be considered
separately in light of specific technical, economic, and environmental
factors and in relation to relevant statutory and regulatory
requirements.
IV. Administrative Requirements
A. 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
exempted this regulatory action from Executive Order 12866 review.
B. 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 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, the Administrator
certifies 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 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. EPA., 427 U.S.
246, 256-66 (1976); 42 U.S.C. 7410(a)(2).
C. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995,
signed into law on March 22, 1995, USEPA must undertake various actions
in association with any proposed or final rule that includes a Federal
mandate that may result in estimated costs to state, local, or tribal
governments in the aggregate; or to the private sector, of $100 million
or more. This Federal action approves pre-existing requirements under
state or local law, and imposes no new requirements. Accordingly, no
additional costs to state, local, or tribal governments, or the private
sector, result from this action.
D. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, USEPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a major rule as defined by 5 U.S.C.
804(2).
F. Petitions for Judicial Review
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 25, 1997. 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,
Intergovernmental relations, Ozone, Transportation control measure.
Dated: June 11, 1997.
Michelle D. Jordan,
Acting Regional Administrator.
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 52.777 is amended by adding paragraph (q) to read as
follows:
Sec. 52.777 Control strategy: Photochemical oxidants (hydrocarbons).
* * * * *
(q) Approval--On February 5, 1997, Indiana submitted a
transportation control measure under section 108(f)(1)(A) of the Clean
Air Amendments of 1990 for Vanderburgh County, Indiana to aid in
reducing emissions of precursors of ozone. The transportation control
measure being approved as a revision to the ozone state implementation
plan is the conversion
[[Page 34408]]
of at least 40 vehicles from gasoline as a fuel to compressed natural
gas.
[FR Doc. 97-16739 Filed 6-25-97; 8:45 am]
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