[Federal Register Volume 69, Number 165 (Thursday, August 26, 2004)]
[Rules and Regulations]
[Pages 52427-52431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19434]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R05-OAR-2004-IN-0003; FRL-7806-5]


Approval and Promulgation of Implementation Plans Indiana: 
Revised Mobile Source Inventories and Motor Vehicle Emissions Budgets 
for 2005 and 2007 Using MOBILE6

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving Indiana's August 6, 2004, submittal of 
revised mobile emission inventories and 2005 and 2007 motor vehicle 
emissions budgets (MVEBs) which have been developed using MOBILE6, an 
updated model for calculating mobile emissions of ozone precursors. 
These inventories and associated motor vehicle emissions budgets are 
part of the 1-hour ozone attainment plan approved for the Northwest 
Indiana area. The Northwest Indiana area consists of Lake and Porter 
Counties in Indiana. The State's submittal meets a commitment by the 
State of Indiana to revise and resubmit the MVEBs using MOBILE6 methods 
within two years following EPA's release of MOBILE6, provided that 
transportation conformity is not determined without adequate MOBILE6-
based MVEBs during the second year. The lack of approved motor vehicle 
emissions budgets has resulted in an administrative freeze on 
transportation conformity in this area. The approval of these budgets 
will allow transportation conformity determinations to be made in 
Northwest Indiana.

DATES: This ``direct final'' rule is effective on October 12, 2004, 
unless EPA receives adverse written comments by September 27, 2004. If 
adverse comment is received, EPA will publish a timely withdrawal of 
the rule in the Federal Register and inform the public that the rule 
will not take effect.

ADDRESSES: Submit comments, identified by Docket ID No. R05-OAR-2004-
IN-0003 by one of the following methods: Federal eRulemaking Portal: 
http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    E-mail: [email protected].
    Fax: (312) 886-5824.
    Mail: You may send written comments to: J. Elmer Bortzer, Chief, 
Air Programs Branch, (AR-18J), Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    Hand delivery: Deliver your comments to: J. Elmer Bortzer, Chief,

[[Page 52428]]

Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 
Region 5, 77 West Jackson Boulevard, 18th floor, Chicago, Illinois 
60604.
    Such deliveries are only accepted during the Regional Office's 
normal hours of operation. The Regional Office's official hours of 
business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding 
Federal holidays.
    Instructions: Direct your comments to Docket ID No. R05-OAR-2004-
IN-0003. EPA's policy is that all comments received will be included in 
the public docket without change, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through regulations.gov, or 
e-mail. The federal regulations.gov Web site is an ``anonymous access'' 
system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through 
regulations.gov, your e-mail address will be automatically captured and 
included as part of the comment that is placed in the public docket and 
made available on the Internet. If you submit an electronic comment, 
EPA recommends that you include your name and other contact information 
in the body of your comment and with any disk or CD-ROM you submit. If 
EPA cannot read your comment due to technical difficulties and cannot 
contact you for clarification, EPA may not be able to consider your 
comment. Electronic files should avoid the use of special characters, 
any form of encryption, and be free of any defects or viruses. For 
additional instructions on submitting comments, go to Section I of the 
SUPPLEMENTARY INFORMATION section of the related proposed rule which is 
published in the Proposed Rules section of this Federal Register.
    Docket: All documents in the docket are listed in the EDOCKET index 
at http://www.epa.gov/edocket. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Publicly available docket materials are available either 
electronically in EDOCKET or in hard copy at Environmental Protection 
Agency, Region 5, Air and Radiation Division, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. (We recommend that you telephone 
Patricia Morris, Environmental Scientist, at (312) 353-8656 before 
visiting the Region 5 office.) This facility is open from 8:30 a.m. to 
4:30 p.m., Monday through Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Patricia Morris, Environmental 
Scientist, Criteria Pollutant Section, Air Programs Branch (AR-18J), 
EPA Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 
353-8656. [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information
    A. Does This Action Apply To Me?
    B. How Can I Get Copies of This Document and Other Related 
Information?
    C. How and To Whom Do I Submit Comments?
II. What Is the Background for This Action?
III. What Action Is EPA Taking Today?
IV. What Changes Were Made to the Northwest Indiana 1-Hour Ozone 
MVEBs?
V. What is Transportation Conformity?
VI. What is a MVEB?
VII. How Does This Action Change Implementation of Transportation 
Conformity for the Northwest Indiana Area?
VIII. What Is the Action?
IX. Did Indiana Hold A Public Hearing?
X. Statutory and Executive Order Review

I. General Information

A. Does This Action Apply To Me?

    This action is rulemaking on a non-regulatory planning document 
intended to ensure the continued progress toward good air quality in 
the Northwest Indiana (Lake and Porter Counties) Area. This action will 
allow transportation planning to proceed in Northwest Indiana.

B. How Can I Get Copies of This Document and Other Related Information?

    1. The Regional Office has established an electronic public 
rulemaking file available for inspection on EDOCKET and a hard copy 
file which is available for inspection at the Regional Office. EPA has 
established an official public rulemaking file for this action under 
Docket ID No. R05-OAR-2004-IN-0003. The official public file consists 
of the documents specifically referenced in this action, any public 
comments received, and other information related to this action. 
Although a part of the official docket, the public rulemaking file does 
not include Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. The official 
public rulemaking file is the collection of materials that is available 
for public viewing at the Air Programs Branch, Air and Radiation 
Division, EPA Region 5, 77 West Jackson Boulevard, Chicago, Illinois 
60604. EPA requests that if at all possible, you contact the person 
listed in the For Further Information Contact section to schedule your 
inspection. The Regional Office's official hours of business are Monday 
through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal holidays.
    2. Electronic Access. You may access this Federal Register document 
electronically through the regulations.gov Web site located at http://www.regulations.gov where you can find, review, and submit comments on 
Federal rules that have been published in the Federal Register, the 
Government's legal newspaper, and are open for comment.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains 
copyrighted material, CBI, or other information whose disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in the official public 
rulemaking file. The entire printed comment, including the copyrighted 
material, will be available at the Regional Office for public 
inspection.

C. How and To Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate rulemaking identification number by including the text 
``Public comment on proposed rulemaking Region 5 Air Docket ``R05-OAR-
2004-IN-0003'' in the subject line on the first page of your comment. 
Please ensure that your comments are submitted within the specified 
comment period. Comments received after the close of the comment period 
will be marked ``late.'' EPA is not required to consider these late 
comments.
    For detailed instructions on submitting public comments and on what 
to consider as you prepare your comments see the ADDRESSES section and 
the section I General Information of the SUPPLEMENTARY INFORMATION 
section of the related proposed rule which is published in the Proposed 
Rules section of this Federal Register.

[[Page 52429]]

II. What Is the Background for This Action?

    In November of 1999, EPA issued two memoranda \1\ to articulate its 
policy regarding states that incorporated MOBILE5-based interim Tier 2 
standard \2\ benefits into their State Implementation Plans (SIPs) and 
MVEBs. Although these memoranda primarily targeted certain serious and 
severe ozone nonattainment areas, EPA has implemented this policy in 
all other areas that have made use of federal Tier 2 benefits in air 
quality plans from EPA's April 2000 MOBILE5 guidance, ``MOBILE5 
Information Sheet 8: Tier 2 Benefits Using MOBILE5.'' All 
states whose attainment demonstrations or maintenance plans include 
interim MOBILE5-based estimates of the Tier 2 standards were required 
to make a commitment to revise and resubmit their MVEBs within either 
one or two years of the final release of MOBILE6 in order to gain SIP 
approval.
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    \1\ Memoranda, ``Guidance on Motor Vehicle Emissions Budgets in 
1-Hour Ozone Attainment Demonstrations,'' issued November 3, 1999, 
and ``1-Hour Ozone Attainment Demonstrations and Tier2/Sulfur 
Rulemaking,'' issued November 8, 1999. Copies of these memoranda are 
on EPA's Web site at http://www.epa.gov/otaq/transp/traqconf.htm.
    \2\ The final rule on Tier 2 Motor Vehicle Emissions Standards 
and Gasoline Sulfur Control Requirements (``Tier 2 standards'') for 
passenger cars, light trucks, and larger passenger vehicles was 
published on February 10, 2000 (65 FR 6698).
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    EPA officially released the MOBILE6 motor vehicle emissions factor 
model on January 29, 2002 (67 FR 4254). Thus, the effective date of 
that Federal Register action constituted the start of the two-year time 
period in which Indiana was required to revise the maintenance plan 
SIPs using the MOBILE6 model.
    MOBILE5b, as released, did not allow the user to estimate the 
emission reduction credits for the Tier 2/Low Sulfur rule. This 
situation existed since the Tier 2 rule was promulgated after the 
release of MOBILE5b. Therefore, in order to allow areas that wanted to 
claim emission reduction credit for the Tier 2/Low Sulfur rule to 
estimate the benefits, EPA provided a method to estimate those 
reductions. This MOBILE5b approximation methodology represented the 
information available for use in on-road mobile source modeling at that 
time when MOBILE5b was the approved model. EPA recognized these 
approximations could change as more data are analyzed and incorporated 
into the next version of the MOBILE model, MOBILE6. EPA required areas 
that used the MOBILE5b approximation method to resubmit MVEBs 
recalculated with MOBILE6. Specifically, EPA established a policy that 
MVEBs would not be approved as being adequate for purposes of 
conformity unless the SIP also included an enforceable commitment to 
revise and resubmit the MVEBs using MOBILE6 methods within one year 
after the EPA released MOBILE6 or, alternatively, within two years 
following the release of MOBILE6, provided that transportation 
conformity is not determined in the area without adequate MOBILE6-based 
MVEBs during the second year. Based on this policy, EPA required 
Indiana to update the MVEBs in the 1-hour ozone attainment 
demonstration for Northwest Indiana within two years after the release 
of MOBILE6. In addition, any new conformity analysis in the area cannot 
be found to conform during the second year until MVEBs based on MOBILE6 
calculations are found adequate (November 13, 2001, 66 FR 56944). For a 
more detailed explanation of EPA's rationale for this policy, please 
refer to the January 18, 2002, ``Policy Guidance on the Use of MOBILE6 
for SIP Development and Transportation Conformity'' (http://www.epa.gov/otaq/models/mobile6/m6policy.pdf).

III. What Action Is EPA Taking Today?

    EPA is approving revisions to the Indiana SIP submitted by the 
Indiana Department of Environmental Management (IDEM). The SIP revision 
request was originally submitted on July 2, 2004, with a request to 
parallel process the draft revision. The state public comment period 
ended on July 30, 2004, and IDEM submitted the final SIP revision 
request on August 6, 2004. The State's revisions update the MVEBs for 
the years 2005 and 2007 and also update the projected mobile source 
emissions (upon which the MVEBs are based) using MOBILE6 for Lake and 
Porter Counties in Indiana, which are part of the Chicago 1-hour severe 
ozone nonattainment area. These revisions meet the requirements 
established in the final approval of the attainment demonstration 
(November 13, 2001, 66 FR 56944). These revisions also meet the 
criteria in the January 18, 2002, Guidance document, ``Policy Guidance 
on the Use of MOBILE6 for SIP Development and Transportation 
Conformity.''

IV. What Changes Were Made to the Northwest Indiana 1-Hour Ozone MVEBs?

    Indiana revised MVEBs and mobile source emissions using MOBILE6.2, 
the current version of MOBILE6, and using the latest population and 
transportation model updates. The revised 2005 MVEB for the Lake and 
Porter County area is 15.18 tons per summer day (tpd) for Volatile 
Organic Compounds (VOC). The revised 2007 MVEBs for the Lake and Porter 
County area are 12.37 tpd VOC and 63.33 tpd for Nitrogen Oxides 
(NOX) (Please refer to the table below for details.)
    Table 1 below summarizes the revised motor vehicle emissions 
inventories for VOC for the Lake and Porter County area in pounds (lbs) 
per summer day. These revised inventories were developed using the 
latest planning assumptions, including vehicle registration data, 
vehicle miles traveled (VMT), speeds, fleet mix, and SIP emission 
control measures. These inventories meet the Rate of Progress (ROP) 
targets for the Lake and Porter County area. Indiana was required to 
reduce VOC emissions by nine percent between 2002 to 2005. In the 
original ROP Plan, Indiana had additional emission reductions above and 
beyond what was required. The approved ROP Plan had an extra reduction 
of 7,852 lbs. per summer day. The extra creditable reductions were 
primarily from the shutdown of certain steel operations. The Indiana 
ROP Plan was approved as part of the attainment demonstration approval 
on November 13, 2001, (66 FR 56944).

                                    Northwest Indiana Anthropogenic Emissions
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               State                     Source category          VOC  1990        VOC  2005        VOC  2007
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Indiana...........................  Point....................          350,771           98,560           99,579
                                    Area.....................           83,821           65,669           66,595
                                    Mobile...................           71,560           30,351           24,738
                                    Nonroad..................           23,367           16,611           13,326
                                                              ------------------

[[Page 52430]]

 
    Total.........................  .........................          529,519          211,191          204,238
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    The Indiana submittal also addresses the 6% ROP emission reduction 
needed for the years 2005 to 2007. Again, Indiana had additional VOC 
emissions in the originally approved ROP Plan. These additional 
emissions are above and beyond the 3% contingency requirements which 
were also met and approved. Indiana has used the additional, excess 
emissions reductions by allocating them to the mobile source sector for 
the emissions budgets. By using the excess emission reductions, Indiana 
no longer has additional excess ROP emissions in the approved ROP Plan.
    IDEM and EPA also reviewed planning assumptions for the point, 
area, and nonroad source categories to ensure there have been no major 
changes since approval of the attainment demonstration. The emissions 
for point, area, and nonroad source categories are shown in Table 1, in 
addition to the mobile source emissions.
    EPA has articulated its policy regarding the use of MOBILE6 in SIP 
development in its ``Policy Guidance on the Use of MOBILE6 for SIP 
Development and Transportation Conformity'' \3\ and ``Clarification of 
Policy Guidance for MOBILE6 in Mid-course Review Areas.'' \4\
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    \3\ Memorandum, ``Policy Guidance on the Use of MOBILE6 for SIP 
development and Transportation Conformity,'' issued January 18, 
2002. A copy of this memorandum can be found on EPA's Web site at 
http://www.epa.gov/otaq/transp/traqconf.htm.
    \4\ Memorandum, ``Clarification of Policy Guidance for MOBILE6 
SIPs in Mid-course Review Areas,'' issued February 12, 2003. A copy 
of this memorandum can be found on EPA's Web site at http://www.epa.gov/otaq/transp/traqconf.htm.
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    Consistent with this policy guidance, Indiana's August 6, 2004, 
submittal includes urban airshed modeling results to show that its 1-
Hour Ozone Attainment Demonstration Plan continues to demonstrate 
attainment using revised MOBILE6 inventories for the Northwest Indiana 
area and the entire Lake Michigan area. The State's methodology for the 
urban airshed modeling consisted of modeling the critical episode from 
1995 with the increased emissions in Northwest Indiana to determine if 
attainment will still be predicted by the established 2007 attainment 
date. The emissions were increased by a 5% margin to assure that, even 
with extra emissions, the area would demonstrate attainment. The 
modeling showed that the regional strategy met the three benchmarks in 
EPA's 1-hour attainment test (``Guidance on Use of Modeled Results to 
Demonstrate Attainment of the Ozone NAAQS'', June 1996). The benchmarks 
set limits on the number of modeled exceedance days. All three of the 
benchmarks were met by the modeling that considered increased 
emissions.
    Indiana's August 6, 2004 submittal satisfies the conditions 
outlined in EPA's MOBILE6 Policy guidance, and demonstrates that the 
new levels of motor vehicle emissions calculated using MOBILE6 continue 
to support achievement of the projected attainment of the 1-Hour Ozone 
NAAQS by the attainment date of November 15, 2007, for the Northwest 
Indiana area.

V. What Is Transportation Conformity?

    Transportation conformity means that the level of emissions from 
the transportation sector (i.e., cars, trucks and buses) must be 
consistent with the requirements in the SIP to attain and maintain the 
National Ambient Air Quality Standard (NAAQS). The Clean Air Act, in 
section 176(c), requires conformity of transportation plans, programs 
and projects to a SIP's purpose of attaining and maintaining the NAAQS. 
On November 24, 1993, EPA published a final rule establishing criteria 
and procedures for determining if transportation plans, programs and 
projects funded or approved under Title 23 United States Code or the 
Federal Transit Act conform to the SIP. EPA revised the Transportation 
Conformity Rule on August 7, 1995 (60 FR 40098), November 14, 1995 (60 
FR 57179), and August 15, 1997 (62 FR 43780), and codified the 
revisions under 40 CFR part 51, subpart T and 40 CFR part 93, subpart 
A--Conformity to State or Federal Implementation Plans of 
Transportation Plans, Programs, and Projects Developed, Funded or 
Approved Under Title 23 United States Code or the Federal Transit Laws 
(62 FR 43780). The transportation conformity rules require the 
comparison of an ozone nonattainment area to the actual projected 
emissions from cars, trucks and buses on the highway network, to the 
MVEB established by the SIP. The Northwest Indiana area has an approved 
attainment demonstration. EPA's approval of the attainment 
demonstration on November 13, 2001, (66 FR 56944) established interim 
MVEBs for transportation conformity purposes. These SIP revisions 
revise the MVEBs and reestablish the MVEBs for transportation 
conformity purposes.

VI. What Is a MVEB?

    A MVEB is the projected level of controlled emissions from the 
transportation sector (mobile sources) that is estimated in the SIP. 
The SIP controls emissions through regulations, for example, on fuels 
and exhaust levels for cars. The MVEB concept is further explained in 
the preamble to the November 24, 1993, transportation conformity rule 
(58 FR 62188). The preamble also describes how to establish the MVEB in 
the SIP and revise the MVEB. The transportation conformity rule allows 
the MVEB to be changed as long as the total level of emissions from all 
sources remains below the attainment level of emissions.

VII. How Does This Action Change Implementation of Transportation 
Conformity for the Northwest Indiana Area?

    In today's action, EPA is approving revisions to the 2005 and 2007 
MVEBs for the Indiana portion of the Chicago 1-hour ozone nonattainment 
area. The revised 2005 MVEB for the Northwest Indiana area is 15.18 tpd 
for VOC. The revised 2007 MVEBs for the Lake and Porter County area are 
12.37 tpd for VOC and 63.33 tpd for NOX.
    As a result of these findings, the Northwest Indiana area must use 
the revised 2005 and 2007 MVEBs for future conformity determinations 
effective on the date of this action. EPA's approval of the MVEBs 
removes the administrative freeze on transportation conformity on the 
area and allows the area to demonstrate conformity.

VIII. What Is the Action?

    EPA is approving Indiana's SIP revisions because they meet all of 
the requirements of section 110 of the Clean Air Act, as interpreted by 
EPA policy and guidance. Additionally, these SIP revisions meet the 
applicable requirements of the Transportation Conformity Rule.

[[Page 52431]]

IX. Did Indiana Hold a Public Hearing?

    Indiana held a public hearing on July 28, 2004 in Merrillville, 
Indiana. The public comment period extended until July 30, 2004. No 
comments were received during the comment period including at the 
public hearing.

X. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget.

Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    For this reason, this action is also not subject to Executive Order 
13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001).

Regulatory Flexibility Act

    This action merely approves state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this rule will not have a significant economic impact on a substantial 
number of small entities under the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.).

Unfunded Mandates Reform Act

    Because this rule approves pre-existing requirements under state 
law and does not impose any additional enforceable duty beyond that 
required by state law, it does not contain any unfunded mandate or 
significantly or uniquely affect small governments, as described in the 
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).

Executive Order 13175: Consultation and Coordination With Indian Tribal 
Governments

    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000).

Executive Order 13132: Federalism

    This action also does not have Federalism implications because it 
does not have substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132 (64 FR 43255, August 
10, 1999). This action merely approves a state rule implementing a 
Federal standard, and does not alter the relationship or the 
distribution of power and responsibilities established in the Clean Air 
Act.

Executive Order 13045: Protection of Children From Environmental Health 
and Safety Risks

    This rule also is not subject to Executive Order 13045 ``Protection 
of Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it is not economically significant.

National Technology Transfer Advancement Act

    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply.

Paperwork Reduction Act

    This rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit 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 United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    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 October 25, 2004. 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, Intergovernmental 
relations, Nitrogen dioxide, Volatile organic compounds, Ozone.

    Dated: August 12, 2004.
Steve Rothblatt,
Acting Regional Administrator, Region 5.

0
Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart P--Indiana

0
2. Section 52.777 is amended by adding paragraph (aa) to read as 
follows:


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

* * * * *
    (aa) Approval--On August 6, 2004, Indiana submitted a revision to 
the 1-hour ozone attainment plan for Lake and Porter Counties. The 
revision consists of new motor vehicle emission estimates and new 
MOBILE6 based motor vehicle emissions budgets. The motor vehicle 
emissions budget for volatile organic compounds (VOCs) for Lake and 
Porter Counties, Indiana for the 2005 interim Rate of Progress year is 
now 15.18 tons per summer day (tpd). The 2007 motor vehicle emissions 
budgets for the Lake and Porter Counties, Indiana are now 12.37 tpd VOC 
and 63.33 tpd oxides of nitrogen.

[FR Doc. 04-19434 Filed 8-25-04; 8:45 am]
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