96-28872. Designation of Areas for Air Quality Planning Purposes; Indiana  

  • [Federal Register Volume 61, Number 222 (Friday, November 15, 1996)]
    [Rules and Regulations]
    [Pages 58482-58487]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-28872]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    40 CFR Parts 52 and 81
    
    [IN72-1a; FRL-5647-9]
    
    
    Designation of Areas for Air Quality Planning Purposes; Indiana
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Direct final rule.
    
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    SUMMARY: In this action, EPA is approving two redesignation requests 
    submitted by the State of Indiana. On March 14, 1996, Indiana requested 
    that a portion of Marion County be redesignated to attainment of the 
    National Ambient Air Quality Standard (NAAQS) for sulfur dioxide 
    (SO2). On June 17, 1996, Indiana requested that portions of 
    LaPorte and Wayne Counties and all of Vigo County be redesignated to 
    attainment for SO2. The EPA is also approving the maintenance 
    plans for Marion, LaPorte, Vigo, and Wayne Counties, which were 
    submitted with the redesignation requests to ensure maintenance of the 
    NAAQS. Subsequent to this approval, Marion, LaPorte, Vigo, and Wayne 
    Counties are each designated attainment in their entirety.
    
    DATES: The ``direct final'' is effective on January 14, 1997. 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: Environmental Protection Agency, Region 5, 
    Air and Radiation Division, 77 West Jackson Boulevard, Chicago, 
    Illinois 60604. (It is recommended that you telephone Ryan Bahr 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), 
    Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, 
    Illinois 60604.
    
    FOR FURTHER INFORMATION CONTACT: Ryan Bahr at (312) 353-4366.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
        The NAAQS for SO2 consist of two standards: a primary standard 
    for the protection of public health and a secondary standard for the 
    protection of public welfare. The primary SO2 standard consists of 
    a 24-hour maximum and an annual arithmetic mean ambient SO2 
    concentration. The secondary standard consists of a 3-hour maximum 
    ambient SO2 concentration. (See 40 CFR 50.2-50.5)
        On March 3, 1978 (43 FR 40412), Marion County was designated 
    nonattainment for SO2 based on monitored violations of the 24-hour 
    standard and modeled violations of both the annual and 24-hour 
    standards (43 FR 8962). Also on March 3, 1978, a portion of LaPorte 
    County bordered by Lake Michigan, the State of Michigan, Porter County 
    and Interstate 94 was designated as nonattainment for both the primary 
    and the secondary SO2 standards, due to measured and modeled 
    violations of the SO2 NAAQS. On the same date, Vigo County was 
    designated as nonattainment of the primary SO2 standard because of 
    monitored violations, and Wayne County was designated nonattainment 
    because dispersion modeling predicted primary standard violations.
        In an October 5, 1978 (43 FR 45993) action, the Marion County 
    nonattainment designation was revised to attainment of the secondary 
    SO2 standard, since no 3-hour SO2 violations had been 
    monitored or predicted. Also on that date, LaPorte County's designation 
    was revised to nonattainment of the primary standard only. In addition, 
    the Wayne County nonattainment area was revised to include only Boston, 
    Center, Franklin, Wayne and Webster Townships, which encompassed the 
    contributing sources (43 FR 46007).
        On September 18, 1990, Lawrence, Washington, and Warren Townships 
    in Marion County were redesignated from nonattainment to ``Cannot be 
    classified''
    
    [[Page 58483]]
    
    based on clean ambient data and full source compliance with emission 
    limitations (55 FR 38327). The rest of Marion County remained 
    nonattainment for SO2. (Note: At the time of this redesignation, 
    EPA commonly redesignated areas to ``Cannot be classified,'' rather 
    than ``attainment,'' due to concerns about the adequacy of monitoring 
    networks. However, as of November 15, 1990, Section 107 (d)(3)(F) of 
    the Clean Air Act Amendments prohibited redesignations to 
    unclassifiable status.)
        In order to satisfy the requirements of Part D and Section 110 of 
    the Clean Air Act (Act) for the four nonattainment areas, Indiana 
    submitted a SO2 State Implementation Plan (SIP) request to USEPA. 
    The USEPA approved Indiana's SO2 SIP submission for these areas on 
    September 1, 1988 (53 FR 33808). There have been no monitored 
    violations of the SO2 standard in any of the four counties since 
    1985.
    
    II. Evaluation Criteria
    
        Section 107(d)(3)(D) of the Act, as amended in 1990, authorizes the 
    Governor of a State to request the redesignation of an area from 
    nonattainment to attainment. The criteria used to review redesignation 
    requests are derived from the Act. An area can be redesignated to 
    attainment if the following conditions are met:
        (1) The area has attained the applicable NAAQS;
        (2) The area has a fully approved SIP under section 110(k) of the 
    Act;
        (3) The EPA has determined that the improvement in air quality in 
    the area is due to permanent and enforceable emission reductions;
        (4) EPA has determined that the maintenance plan for the area has 
    met all of the requirements of section 175A of the Act; and
        (5) The State has met all requirements applicable to the area under 
    section 110 and part D of the Act.
    
    III. Summary of State Submittal
    
        The following paragraphs discuss how the State's redesignation 
    requests for Marion, LaPorte, Vigo and Wayne Counties address the Act's 
    requirements.
    
    A. Demonstrated Attainment of the NAAQS
    
        As explained in an April 21, 1983, memorandum ``Section 107 
    Designation Policy Summary'' from the Director of the Office of Air 
    Quality Planning and Standards, eight consecutive quarters of data 
    showing SO2 NAAQS attainment are required for redesignation. A 
    violation of the NAAQS occurs when more than one exceedance of the 
    SO2 NAAQS is recorded in any year (40 CFR 50.4). Indiana's March 
    14, 1996, and June 17, 1996, submittals cite ambient monitoring data 
    showing that Marion, LaPorte, Vigo, and Wayne Counties have met the 
    NAAQS for the years 1991-1993, which were the three most recent 
    consecutive years with quality-assured monitoring data. Preliminary 
    monitoring data for the period of 1994 through 1996 indicates that the 
    NAAQS are still being met. The State is currently in the process of 
    quality assuring that data. The highest monitored SO2 values of 
    1991 through 1993 were well below the SO2 standards. There have 
    been no exceedences of the SO2 NAAQS at any monitor in any of 
    these counties since 1985, and no additional SO2 exceedences have 
    been recorded in the Aerometric Information and Retrieval System (AIRS) 
    database through July 1996.
        Dispersion modeling is commonly used to demonstrate attainment of 
    the SO2 NAAQS. A September 4, 1992, EPA policy memorandum on 
    ``Procedures for Processing Requests to Redesignate Areas to 
    Attainment'' explains that additional dispersion modeling is not 
    required in support of an SO2 redesignation request if an adequate 
    modeled attainment demonstration was submitted and approved as part of 
    the fully implemented SIP, and no indication of an existing air quality 
    deficiency exists. Modeling was performed in 1987 to show that, under 
    all allowed operating scenarios, the emission limits in these four 
    counties' SO2 SIPs would lead to attainment and maintenance of the 
    SO2 standards. The SIP was approved and implemented on September 
    1, 1988 (53 FR 33806). Dispersion modeling of the various allowed 
    operating scenarios and modeling using maximum allowable emissions 
    showed the NAAQS to be protected in each of these counties (53 FR 
    6845). Furthermore, there have been no SO2 NAAQS exceedences in 
    any of these areas since 1985. Therefore, EPA did not require Indiana 
    to submit additional dispersion modeling with its redesignation request 
    for Marion, LaPorte, Wayne or Vigo Counties. The State has committed to 
    reevaluate the SO2 modeling for each county every three years and 
    perform new modeling as necessary to account for the effect of new 
    sources or significant emission changes in existing sources.
    
    B. Fully Approved SIP
    
        The SIP for the area must be fully approved under section 110(k) of 
    the Act and must satisfy all requirements that apply to the area. EPA's 
    guidance for implementing section 110 of the Act is discussed in the 
    General Preamble to Title I (57 FR 13498, April 16, 1992). The SO2 
    SIP for Marion, LaPorte, Wayne, and Vigo Counties met the requirements 
    of Section 110 of the Act and was approved by EPA on September 1, 1988 
    (53 FR 33806). The SIP supplemented a set of general Statewide SO2 
    limitations with a set of individual emission limits for specific 
    sources in the respective counties. The Indiana SO2 SIP included 
    schedules and timetables for compliance, provided for the operation of 
    air quality monitors, and included a program to provide for the 
    enforcement of the emission limits.
    
    C. Permanent and Enforceable Reductions in Emissions
    
        Marion, LaPorte, Wayne, and Vigo Counties' attainment of the 
    SO2 standards can be attributed to the implementation of the 
    SO2 SIP controls and other permanent emissions reductions. On 
    September 1, 1988, EPA approved the control strategies and emissions 
    limits in Indiana's SO2 SIP for these counties, which rendered 
    them federally enforceable. The regulations are permanent, and any 
    future revisions to the rules must be submitted to and approved by the 
    EPA. Statewide inventories of major SO2 sources as of 1990 were 
    used to support the redesignation requests.
        Indiana reported that since 1990, a number of sources in the four 
    counties reduced their SO2 emissions, converted to cleaner fuels, 
    or shut down entirely. The use of lower-sulfur ``cleaner'' fuels is 
    reflected in the facilities' air permits and federally enforceable SIP 
    regulations. The facilities which have completely shut down no longer 
    hold current air emissions permits, and future operations at those 
    locations would not be allowed to commence without the issuance of a 
    new air permit by the State under the federally delegated Prevention of 
    Significant Deterioration program.
    
    D. Fully Approved Maintenance Plan
    
        Under section 107(d)(3)(E) and section 175A of the Act, the State 
    must submit a maintenance plan in order for an area to be redesignated 
    to attainment. Section 175A of the Act sets forth the maintenance plan 
    requirements for areas seeking redesignation from nonattainment to 
    attainment. The maintenance plan must demonstrate continued attainment 
    of the applicable NAAQS for at least 10 years after the area is 
    redesignated. Eight years after the redesignation date, the State is 
    required to revise its SIP to provide for maintenance of the standard 
    in the
    
    [[Page 58484]]
    
    affected area for an additional ten-year period. EPA redesignation 
    policy stated in the September 4, 1992, memorandum lists the five core 
    provisions that a plan must contain in order to ensure maintenance of 
    the standards: An attainment inventory, a maintenance demonstration, a 
    monitoring network, verification of continued attainment, and a 
    contingency plan. Indiana submitted maintenance plans along with both 
    its March 14, 1996, redesignation request for Marion County and its 
    June 17, 1996, redesignation request for LaPorte, Vigo and Wayne 
    Counties. The following paragraphs discuss Indiana's submittals with 
    regard to EPA's requirements, and provide the basis for EPA's approval 
    of the maintenance plans.
    1. Attainment Inventory
        The State is required to develop an attainment inventory to 
    identify the level of emissions in the area at the time of 
    redesignation. Indiana prepared a base year inventory for 1990, and 
    supplemented it with major source actual emissions data from 1993. 
    Sources in Indiana must also report their emissions annually to the 
    State, which will help to verify maintenance of the NAAQS in future 
    years.
    2. Maintenance Demonstration
        The State is required to demonstrate maintenance of the NAAQS by 
    showing that future emissions of a pollutant or its precursors will not 
    cause a violation of the NAAQS. This demonstration requires the State 
    to project emissions for the 10-year period following redesignation. 
    The State projected the SO2 emissions of Marion, LaPorte, Vigo, 
    and Wayne Counties to the year 2007. Five of Marion County's industries 
    account for almost 90% of the total SO2 emissions in the county. 
    One of LaPorte County's industries accounts for more than 95% of the 
    total SO2 emissions in the county. In Vigo County, one source 
    accounts for more than 93% of total emissions. Wayne County only has 
    two major sources, one of which is responsible for about 96% of total 
    emissions.
        Growth projections for the largest facilities were primarily based 
    on the facilities' plans to comply with the provisions of Title IV of 
    the Act (Acid Deposition Control). Projections for other major sources 
    were extrapolated from the United States Department of Commerce Bureau 
    of Economic Analysis growth factors which are based on statewide 
    industrial earnings data. A growth factor of 1.5 was used for most 
    smaller sources, except those which had switched to natural gas or 
    could otherwise justify a different factor. In LaPorte and Vigo 
    Counties, the emissions calculated with growth factors from the actual 
    emissions in 1990 are predicted to drop significantly. The emissions 
    are predicted to rise in Wayne County but remain below the maximum 
    allowable emissions which were modeled for and which were shown to be 
    protective of the NAAQS.
        SO2 emissions are projected to increase in Marion County by 
    2007. However, they are still expected to remain well below the 
    emission totals for 1985, when the last SO2 exceedance was 
    monitored. In LaPorte and Vigo Counties, the emissions are predicted to 
    drop significantly. The emissions are predicted to rise in Wayne County 
    but remain below the maximum emissions which were modeled for and which 
    were shown to be protective of the NAAQS.
    3. Ambient Monitoring
        In accordance with 40 CFR Part 58, after an area has been 
    redesignated to attainment, the State must continue to operate an 
    appropriate air quality network to verify the attainment status of the 
    area. There are nine monitoring sites in Marion County. Three are 
    operated by a utility company, and the rest are State and Local Air 
    Monitoring Sites (SLAMS). There are two industry operated monitoring 
    sites in LaPorte County, both of which are located in Michigan City and 
    operated by the Northern Indiana Public Service Company (NIPSCO). There 
    are also two monitors in Vigo County. The Indiana Department of 
    Environmental Management operates one as a SLAMS and Public Service of 
    Indiana (PSI) Energy operates the other. In Wayne County there are two 
    monitors operated by Richmond Power and Light. Indiana has committed to 
    continue monitoring SO2 at the current SLAMS in Vigo and Marion 
    Counties and will discuss any future changes in the monitoring network 
    with the EPA. All data, including that from industry, will be quality 
    assured by the State according to the requirements of 40 CFR 58. The 
    monitoring data will be entered in the AIRS system on a timely basis.
    4. Verification of Continued Attainment
        Each State should ensure that it has the legal authority to 
    implement and enforce all measures necessary to attain and to maintain 
    the NAAQS. Subject to an existing State rule (326 IAC 2-6), the Marion, 
    LaPorte, Vigo, and Wayne Counties facilities will be required to submit 
    annual statements of their point-source (e.g. stack) emissions. The 
    State has committed to reevaluate the SO2 modeling every three 
    years, performing further modeling as necessary to verify that the 
    SO2 emission limits continue to provide for maintenance of the 
    SO2 standards. The State does not currently have plans to relax 
    any of the current Marion, LaPorte, Vigo or Wayne County emission 
    limits in its SO2 SIP. Any future changes to the State's SO2 
    limits will be submitted to EPA as a SIP revision, supported by 
    dispersion modeling showing that the NAAQS will not be violated.
    5. Contingency Plan
        Section 175A of the Act requires that a maintenance plan includes 
    contingency provisions as necessary to promptly correct any violation 
    of the NAAQS that occurs after redesignation of the area. The 
    contingency plan is considered to be an enforceable part of the SIP and 
    should ensure that the contingency measures are implemented expediently 
    once they are triggered. Most of the SO2 emissions in these 
    counties come from large utilities and other point sources. The 
    emissions from these sources are tracked on a short-term basis under 
    State regulations and on a long-term basis via the facilities' Title IV 
    compliance plans. The State intends to use this information to identify 
    compliance lapses and initiate enforcement activities.
        Indiana has the authority and resources necessary to enforce 
    against emission limit violations. The State will continue to pursue 
    enforcement actions aggressively to ensure full compliance with the 
    SO2 SIP limits. As necessary, the State will seek to place 
    stricter emission controls on facilities found to have triggered 
    contingency actions. Such measures would be adopted in accordance with 
    the State's normal rulemaking procedures and submitted to EPA as SIP 
    revisions. Indiana has committed to begin implementing its contingency 
    plan when the second high monitored SO2 values exceed 90 percent 
    of the 3-hour or 24-hour NAAQS. And, if a violation occurs, the State 
    will conduct a detailed evaluation to determine the cause of the 
    violation and then institute measures to remedy the situation.
        The attainment inventories, maintenance demonstrations, monitoring 
    data, attainment verifications and contingency plans submitted for 
    Marion, LaPorte, Vigo, and Wayne Counties constitute sound maintenance 
    plans and satisfy EPA's requirements.
    
    [[Page 58485]]
    
    E. Part D and Other Section 110 Requirements
    
        EPA approved the SO2 SIP for Marion, LaPorte, Vigo, and Wayne 
    Counties on September 1, 1988, after having concluded that the plan 
    satisfied the requirements of part D and Section 110 of the Act. 
    Several of the Section 110 requirements were revised in the 1990 
    amendments to the Act. However, the existing SIP also conforms with the 
    new provisions of the Act. The plan provides for the implementation of 
    reasonably available control measures for SO2 under Indiana's SIP 
    rule 326 IAC 7-4-2. As required by Part D of the Act, Indiana has a 
    fully approved and implemented New Source Review. The existing 
    Prevention of Significant Deterioration program, which was federally 
    delegated for all attainment areas, will apply in all of Marion, 
    LaPorte, Vigo, and Wayne Counties subsequent to this approval.
    1. Section 176 Conformity Requirements
        Section 176 of the Act requires States to revise their SIPs to 
    establish criteria and procedures to ensure that individual Federal 
    actions will conform to the overall air quality planning goals in the 
    applicable State SIP. Section 176 further provides that the State's 
    conformity revisions must be consistent with the Federal conformity 
    regulations promulgated by EPA under the Act. The requirement used by 
    Federal agencies to determine conformity is defined in 40 CFR Part 93 
    Subpart B (``general conformity'').
        Indiana has committed to adopt general conformity rules for 
    SO2 in Marion, LaPorte, Vigo, and Wayne Counties to satisfy 
    provisions of Part D. The State rulemaking process is now under way. 
    The conformity regulations that apply to transportation plans and 
    projects, ``transportation conformity'', does not apply to SO2 SIP 
    actions.
        The EPA believes it is reasonable to interpret the conformity 
    requirements as not being applicable requirements for purposes of 
    evaluating redesignation requests under section 107(d). The rationale 
    for this is based on a combination of two factors. First, the 
    requirement to submit SIP revisions to comply with the conformity 
    provisions of the Act continues to apply to areas after redesignation 
    to attainment, since such areas would be subject to a section 175A 
    maintenance plan. Second, EPA's Federal conformity rules require the 
    performance of conformity analyses in the absence of federally approved 
    State rules. Therefore, because areas are subject to the conformity 
    requirements regardless of whether they are redesignated to attainment, 
    and must implement conformity under Federal rules if State rules are 
    not yet approved, the EPA believes it is reasonable to view these 
    requirements as not being applicable requirements for purposes of 
    evaluation of a redesignation request. Consequently, the SO2 
    redesignation requests for Marion, LaPorte, Vigo, and Wayne Counties 
    may be approved notwithstanding the lack of fully approved general 
    conformity rules. Refer to EPA's action in the Tampa, Florida ozone 
    redesignation finalized on December 7, 1995 (60 FR 627428).
    
    IV. Final Rulemaking Action
    
        EPA is approving two redesignation requests from the State of 
    Indiana which were submitted on March 14, 1996, and June 17, 1996. EPA 
    therefore is redesignating Lawrence, Washington, and Warren Townships, 
    along with the remainder of Marion County to attainment for SO2, 
    and is redesignating LaPorte, Vigo, and Wayne Counties in their 
    entirety to attainment for SO2. The EPA is also approving the 
    SO2 maintenance plans for Marion, LaPorte, Vigo, and Wayne 
    Counties, which were submitted with the redesignation requests, to 
    ensure that attainment will be maintained. The EPA has completed 
    analysis of these SIP revision requests based on a review of the 
    materials presented, and has determined that they are approvable.
        The EPA is publishing this action without prior proposal because 
    the Agency views this as a noncontroversial amendment and anticipates 
    no adverse comments. However, in a separate document in this Federal 
    Register publication, the EPA is proposing to approve the SIP revision 
    should adverse or critical comments be filed. This action will be 
    effective January 14, 1997 unless, by December 16, 1996, adverse or 
    critical comments are received. Note that an adverse comment for only 
    one county will not affect the approval action for the remainder of the 
    counties.
        If the EPA receives such comments, the actions affecting the county 
    commented upon will be withdrawn before the effective date by 
    publishing a subsequent notice that will withdraw the parts of the 
    final action applicable to the county commented upon. All public 
    comments received will be addressed in a subsequent final rule based on 
    applicable parts of this action serving as a proposed rule. The EPA 
    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 January 14, 1997.
        Nothing in this action should be construed as permitting or 
    allowing or establishing a precedent for any future request for 
    revision to any state implementation plan. Each request for revision to 
    the state implementation plan shall be considered separately in light 
    of specific technical, economic, and environmental factors and in 
    relation to relevant statutory and regulatory requirements.
    
    V. 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 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).
        Redesignation of an area to attainment under section 107(d)(3)(E) 
    of the Act does not impose any new requirements on small entities. 
    Redesignation is an action that affects the status of a
    
    [[Page 58486]]
    
    geographical area and does not impose any regulatory requirements on 
    sources. The Administrator certifies that the approval of the 
    redesignation request will not affect a substantial number of small 
    entities.
    
    C. Unfunded Mandates
    
        Under Section 202 of the Unfunded Mandates Reform Act of 1995, 
    signed into law on March 22, 1995, EPA 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 Federal 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, EPA submitted a report 
    containing this rule and other required information to the U.S. Senate, 
    the U.S. House of Representatives and the Controller 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 
    U.S.C. section 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 January 14, 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 is requirements.
    
    List of Subjects
    
    40 CFR Part 52
    
        Environmental protection, Air pollution control, Intergovernmental 
    relations, Reporting and recordkeeping requirements, Sulfur dioxide.
    
    40 CFR Part 81
    
        Air pollution control.
    
        Dated: October 10, 1996.
    David A. Ullrich,
    Acting 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.
    
        2. Section 52.795 is amended by adding paragraphs (f) and (g) to 
    read as follows:
    
    
    Sec. 52.795  Control strategy: Sulfur dioxide.
    
    * * * * *
        (f) Approval--On March 14, 1996, the State of Indiana submitted a 
    maintenance plan for Lawrence, Washington, and Warren Townships in 
    Marion County and the remainder of the county, and requested that it be 
    redesignated to attainment of the National Ambient Air Quality Standard 
    for sulfur dioxide. The redesignation request and maintenance plan 
    satisfy all applicable requirements of the Clean Air Act.
        (g) Approval--On June 17, 1996, the State of Indiana submitted a 
    maintenance plan for LaPorte, Vigo, and Wayne Counties and requested 
    redesignation to attainment for the National Ambient Air Quality 
    Standard for sulphur dioxide for each county in its entirety. The 
    redesignation requests and maintenance plans satisfy all applicable 
    requirements of the Clean Air Act.
    
    PART 81--[AMENDED]
    
        1. The authority citation for part 81 continues to read as follows:
    
        Authority: 42 U.S.C. 7401-7671q.
    
        2. In Sec. 81.315 in the table entitled ``Indiana-SO2 the 
    existing entries for Marion County are removed, a new entry for Marion 
    County is added and the entries for LaPorte, Vigo, and Wayne Counties 
    are revised to read as follows:
    
    
    Sec. 81.315  Indiana.
    
    * * * * *
    
                                                       Indiana SO2                                                  
    ----------------------------------------------------------------------------------------------------------------
                                                      Does not meet   Does not meet                    Better than  
                    Designated area                      primary        secondary       Cannot be        national   
                                                        standards       standards      classified       standards   
    ----------------------------------------------------------------------------------------------------------------
                                                                                                                    
         *                *                *                *                *                *                *    
    LaPorte County.................................  ..............  ..............  ..............               X 
    Marion County..................................  ..............  ..............  ..............               X 
                                                                                                                    
         *                *                *                *                *                *                *    
    Vigo County....................................  ..............  ..............  ..............               X 
                                                                                                                    
         *                *                *                *                *                *                *    
    Wayne County...................................  ..............  ..............  ..............               X 
                                                                                                                    
         *                *                *                *                *                *                *    
    ----------------------------------------------------------------------------------------------------------------
    
    
    [[Page 58487]]
    
    * * * * *
    [FR Doc. 96-28872 Filed 11-14-96; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Effective Date:
1/14/1997
Published:
11/15/1996
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Direct final rule.
Document Number:
96-28872
Dates:
The ``direct final'' is effective on January 14, 1997. If the effective date is delayed, timely notice will be published in the Federal Register.
Pages:
58482-58487 (6 pages)
Docket Numbers:
IN72-1a, FRL-5647-9
PDF File:
96-28872.pdf
CFR: (2)
40 CFR 52.795
40 CFR 81.315