[Federal Register Volume 63, Number 9 (Wednesday, January 14, 1998)]
[Rules and Regulations]
[Pages 2146-2147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-932]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IN80-1a; FRL-5929-5]


Approval and Promulgation of Implementation Plans; Indiana

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: This action approves a State Implementation Plan (SIP) 
revision for the State of Indiana which was submitted January 23, 1997, 
pursuant to the Environmental Protection Agency (EPA) general 
conformity rules set forth at 40 Code of Federal regulations (CFR) part 
51, subpart W--Determining Conformity of General Federal Actions to 
State or Federal Implementation Plans. Section 51.851(a) of the general 
conformity rules requires each State to submit to EPA a revision to its 
applicable SIP which contains criteria and procedures for assessing 
conformity of Federal actions to applicable SIPs. The general 
conformity rules, except for the 40 CFR 51.851(a) language requiring 
State submission of a SIP revision, are repeated at 40 CFR part 93, 
subpart B. Indiana's SIP submission incorporates by reference the 
criteria and procedures set forth at 40 CFR part 51, subpart W. This 
general conformity SIP revision will enable the State of Indiana to 
implement and enforce the Federal general conformity requirements in 
the nonattainment and maintenance areas at the State and local level.
    This approval is limited only to the general conformity SIP 
revision submitted pursuant to 40 CFR part 51, subpart W. Indiana 
submitted additional rules under 40 CFR part 51, subpart T, relating to 
conformity of Federal transportation actions funded or approved under 
Title 23 U.S.C. or the Federal Transit Act, which will be addressed in 
a separate notice. This action provides the rationale for today's 
approval.

DATES: The ``direct final'' is effective on March 16, 1998, unless EPA 
receives written adverse or critical comments by February 13, 1998. If 
the effective date is delayed, timely notice will be published in the 
Federal Register.

ADDRESSES: Copies of the revision request are available for inspection 
at the following address:

    U.S. Environmental Protection Agency, Region 5, Air and Radiation 
Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. (It is 
recommended that you telephone Ryan Bahr, Environmental Engineer, at 
(312) 353-4366 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, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Ryan Bahr, Environmental Engineer, at 
(312) 353-4366.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 176(c) of the Clean Air Act (Act), 42 U.S.C. 7506(c), 
provides that no Federal department, agency, or instrumentality shall 
engage in, support in any way or provide financial assistance for, 
license or permit, or approve any activity which does not conform to a 
SIP that has been approved or promulgated pursuant to the Act. 
``Conformity'' is defined in section 176(c) of the Act as conformity to 
the SIP's purpose of eliminating or reducing the severity and number of 
violations of the National Ambient Air Quality Standards (NAAQS) and 
achieving expeditious attainment of such standards. Section 176(c) 
further states that such activities will not: (1) cause or contribute 
to any new violation of any standard in any area, (2) increase the 
frequency or severity of any existing violation of any standard in any 
area, or (3) delay timely attainment of any standard or any required 
interim emission reductions or other milestones in any area.
    Section 176(c)(4)(A) of the Act requires EPA to promulgate criteria 
and procedures for determining conformity of all Federal actions to 
applicable SIPs. Criteria and procedures for determining conformity of 
Federal actions related to transportation projects funded or approved 
under Title 23 U.S.C. or the Federal Transit Act are set forth at 40 
CFR part 93, subpart A. The criteria and procedures for determining 
conformity of other Federal actions, the ``general conformity'' rules, 
were published in the November 30, 1993, Federal Register and codified 
at 40 CFR part 51, subpart W--Determining Conformity of General Federal 
Actions to State or Federal Implementation Plans.

II. Evaluation of the State's Submittal

    Pursuant to the requirements under section 176(c)(4)(C) of the Act, 
the Indiana Department of Environmental Management (IDEM) submitted its 
general conformity SIP revision to the EPA on January 23, 1997. In its 
submittal, the State provided rules codified at 326 Indiana 
Administrative Code (IAC) 16-3 which incorporated the Federal general 
conformity requirements by reference (40 CFR part 51, subpart W). EPA 
found the submittal complete in a letter dated June 24, 1997. Under 40 
CFR 51.853 (b), general conformity is required for all areas which are 
designated nonattainment or maintenance for any NAAQS criteria 
pollutant. The Indiana area designations are listed in 40 CFR 81.315.
    IDEM gave public notice and opportunity for comment on the general 
conformity submittal on January 11, 1996, February 7, 1996, and April 
3, 1996. No adverse comments were received on this rule.

III. EPA Criteria for General Conformity Submittal

    The State's SIP revision must contain criteria and procedures that 
are no less stringent than the Federal rule. The revision incorporated 
the provisions of the entire Federal general conformity rule, Subpart 
W: 40 CFR 51.850 to 51.860 with the exception of Sec. 51.851. Section 
51.851 requires that the State incorporate the provisions of the 
Federal rule into the State code and, therefore, does not need to be 
incorporated into the State Code.

IV. EPA Rulemaking Action

    The EPA is approving the general conformity SIP revision for the 
State of Indiana. The EPA has evaluated this SIP revision and has 
determined that the State has fully adopted the provisions of the 
Federal general conformity rules set forth at 40 CFR part 51, subpart 
W. The appropriate public participation and comprehensive interagency 
consultations were undertaken during development and adoption of this 
SIP revision. Because EPA considers this action to be noncontroversial 
and routine, EPA is approving it without prior proposal. This action 
will become

[[Page 2147]]

effective on March 16, 1998. However, if EPA receives adverse written 
comments by February 13, 1998, EPA will publish a document that 
withdraws this action.

V. Miscellaneous

A. Executive Order 12866

    The Office of Management and Budget has exempted this regulatory 
action from executive order 12866 review.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
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, EPA 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 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 state action. The Clean Air Act forbids EPA to base 
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S. 
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany 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 
private sector, of $100 million or more. Under section 205, EPA must 
select the most cost-effective and least burdensome alternative that 
achieves the objectives of the rule and is consistent with statutory 
requirements. Section 203 requires EPA to establish a plan for 
informing and advising any small governments that may be significantly 
or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector. 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 to 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, EPA 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 the 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

E. 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 March 16, 1998. 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, Carbon monoxide, 
General conformity, Hydrocarbons, Intergovernmental relations, Lead, 
Nitrogen Oxides, Ozone, Particulate matter, Sulfur dioxide, Volatile 
organic compounds.

    Dated: November 14, 1997.
David A. Ullrich,
Acting Regional Administrator, Region V.

    40 CFR part 52, 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 et seq.

Subpart P--Indiana

    2. Section 52.770 is amended by adding paragraph (c)(121) to read 
as follows:


Sec. 52.770  Identification of plan.

* * * * *
    (c) * * *
    (121) On January 23, 1997, the Indiana Department of Environmental 
Management submitted a revision to the State Implementation Plan (SIP) 
for the general conformity rules. The general conformity SIP revision 
enables the State of Indiana to implement and enforce the Federal 
general conformity requirements in the nonattainment and maintenance 
areas at the State and local level in accordance with 40 CFR part 51, 
subpart W--Determining Conformity of General Federal Actions to State 
or Federal Implementation Plans.
    (i) Incorporation by reference. 326 Indiana Administrative Code 16-
3: General Conformity, Section 1: Applicability; incorporation by 
reference of Federal standards. Adopted by the Indiana Air Pollution 
Control Board April 3, 1996. Filed with the Secretary of State June 6, 
1996. Published at the Indiana Register, Volume 19, Number 11, August 
1, 1996 (19 IR 3050). Effective July 6, 1996.
[FR Doc. 98-932 Filed 1-13-98; 8:45 am]
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