[Federal Register Volume 62, Number 64 (Thursday, April 3, 1997)]
[Rules and Regulations]
[Pages 15844-15852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8383]
[[Page 15844]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IN53-1a; FRL-5710-1]
Approval and Promulgation of State Implementation Plan; Indiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: In this action, EPA is approving the following as revisions to
the Indiana ozone State Implementation Plan (SIP): a Rate-Of-Progress
(ROP) plan to reduce Volatile Organic Compounds (VOC) emissions in Lake
and Porter Counties by 15 percent (%) by November 15, 1996; a
contingency plan to reduce VOC emissions by an additional 3% beyond the
ROP plan, and an Indiana agreed order requiring VOC emission controls
on Keil Chemical Division, Ferro Corporation, located in Lake County
(Keil Chemical). The 15% ROP plan, 3% contingency plan, and the agreed
order were submitted together on June 26, 1995. The plans and agreed
order help to protect the public's health and welfare by reducing the
emissions of VOC that contribute to the formation of ground-level
ozone, commonly known as urban smog.
DATES: This final rule is effective June 2, 1997 unless adverse
comments are received by May 5, 1997. If the effective date is delayed,
timely notice will be published in the Federal Register.
ADDRESSES: Comments may be mailed to: J. Elmer Bortzer, Chief,
Regulation Development Section, United States Environmental Protection
Agency, Region 5, Air and Radiation Division, Air Programs Branch (AR-
18J), 77 West Jackson Boulevard, Chicago, Illinois, 60604.
Copies of the documents relevant to this action are available at
the above address for public inspection during normal business hours.
FOR FURTHER INFORMATION CONTACT: Mark J. Palermo, Environmental
Protection Specialist, at (312) 886-6082.
SUPPLEMENTARY INFORMATION:
I. Background on 15% ROP and Contingency Plans Requirements
On November 15, 1990, Congress enacted amendments to the 1977 Clean
Air Act (Act); Public Law 101-549, 104 Stat. 2399, codified at 42
U.S.C. 7401-7671q. Section 182(b)(1) requires states with ozone
nonattainment areas classified as moderate and above to submit a SIP
revision known as a 15% ROP plan. This plan must reflect an actual
reduction in typical ozone season weekday VOC emissions of at least 15%
in the area during the first 6 years after enactment (i.e., by November
15, 1996). The emission reductions needed to achieve the 15%
requirement must be calculated using a 1990 anthropogenic VOC emissions
inventory as a baseline, minus emissions that have been reduced by: (1)
The Federal Motor Vehicle Control Program (FMVCP) measures for the
control of motor vehicle exhaust or evaporative emissions promulgated
before January 1, 1990; and (2) gasoline Reid Vapor Pressure (RVP)
regulations promulgated by November 15, 1990 (See 55 FR 23666, June 11,
1990). In addition, the plan must account for net growth in emissions
within the nonattainment area between 1990 and 1996.
Section 172(c)(9) of the Act requires states with moderate and
above areas to adopt a contingency plan by November 15, 1993, which
provides for specific control measures to be implemented if an area
fails to achieve ROP requirements or attain the National Ambient Air
Quality Standard in the time frames specified under the Act. In
addition, section 182(c)(9) of the Act requires that contingency plans
for serious or above ozone nonattainment areas to provide for specific
measures to be implemented if an area fails to meet an applicable
milestone under the Act. These sections require that contingency
measures must be able to take effect when a failure occurs without
further action by the State or the Administrator.
In Indiana, two ozone nonattainment areas are subject to the 15%
ROP and contingency plans requirements: the Lake and Porter Counties
portion of the Chicago severe ozone nonattainment area, and the Clark
and Floyd Counties portion of the Louisville moderate ozone
nonattainment area. This rulemaking action addresses only the plans for
Lake and Porter Counties; Clark and Floyd Counties will be addressed in
a separate Federal Register.
II. Indiana's 15% ROP and Contingency Plans Submittal
The Act requires States to observe certain procedural requirements
in developing SIPs and SIP revisions for submission to EPA. Section
110(a)(2) and section 110(l) of the Act require that each State's SIP
revision submitted under the Act be adopted by the State after
reasonable notice and public hearing. The State of Indiana submitted a
portion of the Lake and Porter Counties 15% ROP and contingency plan
SIP revisions on January 13, 1994. The SIP revisions were reviewed by
EPA to determine completeness shortly after submittal, in accordance
with the completeness criteria set out at 40 CFR Part 51, Appendix V
(1991), as amended by 57 FR 42216 (August 26, 1991). However, the
submittal was deemed incomplete because the plans had not yet gone
through public hearing and did not include fully adopted rules for all
of the plans' control measures. Indiana held a public hearing on the
plans on March 29, 1994. A summary of comments from that hearing and
the Indiana Department of Environmental Management's (IDEM) response
was submitted on July 5, 1994. IDEM sent a supplemental submittal on
June 26, 1995, which included fully adopted rules for the Lake and
Porter Counties 15% ROP and contingency plans. In a July 17, 1995,
letter to Indiana, the State was notified that the SIP submittal was
deemed complete.
III. Criteria for 15% ROP and Contingency Plans Approvals
The requirements for 15% ROP and 3% contingency plans are found in
section 172(c)(9), 182(b)(1), and 182(b)(9) of the Act, and the
following EPA guidance documents:
1. Procedures for Preparing Emissions Projections, EPA-450/4-91-
019, Environmental Protection Agency, July 1991.
2. State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990;
Proposed rule (57 FR 13498), Federal Register, April 16, 1992.
3. ``November 15, 1992, Deliverables for Reasonable Further
Progress and Modeling Emission Inventories,'' memorandum from J. David
Mobley, Edwin L. Meyer, and G.T. Helms, Office of Air Quality Planning
and Standards, Environmental Protection Agency, August 7, 1992.
4. Guidance on the Adjusted Base Year Emissions Inventory and the
1996 Target for the 15 Percent Rate of Progress Plans, EPA-452/R-92-
005, Environmental Protection Agency, October 1992.
5. ``Quantification of Rule Effectiveness Improvements,''
memorandum from G.T. Helms, Chief, Ozone/Carbon Monoxide Programs
Branch, Office of Air Quality Planning and Standards, Environmental
Protection Agency, October 1992.
6. Guidance for Growth Factors, Projections, and Control Strategies
for the 15 Percent Rate-of-Progress Plans, EPA-452/R-93-002, March
1993.
7. ``Correction to `Guidance on the Adjusted Base Year Emissions
Inventory
[[Page 15845]]
and the 1996 Target for the 15 Percent Rate of Progress Plans',''
memorandum from G.T. Helms, Chief, Ozone/Carbon Monoxide Programs
Branch, Office of Air Quality Planning and Standards, Environmental
Protection Agency, March 2, 1993.
8. ``15 Percent Rate-of-Progress Plans,'' memorandum from G.T.
Helms, Chief, Ozone/Carbon Monoxide Programs Branch, Office of Air
Quality Planning and Standards, Environmental Protection Agency, March
16, 1993.
9. Guidance on the Relationship Between the 15 Percent Rate-of-
Progress Plans and Other Provisions of the Clean Air Act, EPA-452/R-93-
007, Environmental Protection Agency, May 1993.
10. ``Credit Toward the 15 Percent Rate-of-Progress Reductions from
Federal Measures,'' memorandum from G.T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, Environmental Protection Agency, May 6, 1993.
11. Guidance on Preparing Enforceable Regulations and Compliance
Programs for the 15 Percent Rate-of-Progress Plans, EPA-452/R-93-005,
Environmental Protection Agency, June 1993.
12. ``Correction Errata to the 15 Percent Rate-of-Progress Plan
Guidance Series,'' memorandum from G.T. Helms, Chief, Ozone and Carbon
Monoxide Programs Branch, Environmental Protection Agency, July 28,
1993.
13. ``Early Implementation of Contingency Measures for Ozone and
Carbon Monoxide (CO) Nonattainment Areas,'' memorandum from G.T. Helms,
Chief, Ozone/Carbon Monoxide Programs Branch, Environmental Protection
Agency, August 13, 1993.
14. ``Region III Questions on Emission Projections for the 15
Percent Rate-of-Progress Plans,'' memorandum from G.T. Helms, Chief,
Ozone/Carbon Monoxide Programs Branch, Office of Air Quality Planning
and Standards, Environmental Protection Agency, August 17, 1993.
15. ``Guidance on Issues Related to 15 Percent Rate-of-Progress
Plans,'' memorandum from Michael H. Shapiro, Acting Assistant
Administrator for Air and Radiation, Environmental Protection Agency,
August 23, 1993.
16. ``Credit Toward the 15 Percent Requirements from Architectural
and Industrial Maintenance Coatings,'' memorandum from John S. Seitz,
Director, Office of Air Quality Planning and Standards, Environmental
Protection Agency, September 10, 1993.
17. ``Reclassification of Areas to Nonattainment and 15 Percent
Rate-of-Progress Plans,'' memorandum from John S. Seitz, Director,
Office of Air Quality Planning and Standards, Environmental Protection
Agency, September 20, 1993.
18. ``Clarification of `Guidance for Growth Factors, Projections
and Control Strategies for the 15 Percent Rate-of-Progress Plans',''
memorandum from G.T. Helms, Chief, Ozone/Carbon Monoxide Programs
Branch, Office of Air Quality Planning and Standards, Environmental
Protection Agency, October 6, 1993.
19. ``Review and Rulemaking on 15 Percent Rate-of-Progress Plans,''
memorandum from G.T. Helms, Chief, Ozone/Carbon Monoxide Programs
Branch, Office of Air Quality Planning and Standards, Environmental
Protection Agency, October 6, 1993.
20. ``Questions and Answers from the 15 Percent Rate-of-Progress
Plan Workshop,'' memorandum from G.T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, Environmental Protection Agency, October 29,
1993.
21. ``Rate-of-Progress Plan Guidance on the 15 Percent
Calculations,'' memorandum from D. Kent Berry, Acting Director, Air
Quality Management Division, Environmental Protection Agency, October
29, 1993.
22. ``Clarification of Issues Regarding the Contingency Measures
that are due November 15, 1993 for Moderate and Above Ozone
Nonattainment Areas,'' memorandum from D. Kent Berry, Acting Director,
Air Quality Management Division, Environmental Protection Agency,
November 8, 1993.
23. ``Credit for 15 percent Rate-of-Progress Plan Reductions from
the Architectural and Industrial Maintenance (AIM) Coating Rule,''
memorandum from John S. Seitz, Director, Office of Air Quality Planning
and Standards, Environmental Protection Agency, December 9, 1993.
24. ``Guidance on Projection of Nonroad Inventories to Future
Years,'' memorandum from Philip A. Lorang, Director, Emission Planning
and Strategies Division, Office of Air and Radiation, Environmental
Protection Agency, February 4, 1994.
25. ``Discussion at the Division Directors Meeting on June 1
Concerning the 15 Percent and 3 Percent Calculations,'' memorandum from
G.T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch, Office of Air
Quality Planning and Standards, Environmental Protection Agency, June
2, 1994.
26. ``Future Nonroad Emission Reduction Credits for Court-Ordered
Nonroad Standards,'' memorandum from Philip A. Lorang, Director,
Emission Planning and Strategies Division, Office of Air and Radiation,
Environmental Protection Agency, November 28, 1994.
27. ``Credit for the 15 Percent Rate-of-Progress Plans for
Reductions from the Architectural and Industrial Maintenance (AIM)
Coating Rule and the Autobody Refinishing Rule,'' memorandum from John
S. Seitz, Director, Office of Air Quality Planning and Standards,
Environmental Protection Agency, November 29, 1994.
28. ``Transmittal of Rule Effectiveness Protocol for 1996
Demonstrations,'' memorandum from Susan E. Bromm, Director, Chemical,
Commercial Services and Municipal Division, Office of Compliance,
Environmental Protection Agency, December 22, 1994.
29. ``Future Nonroad Emission Reduction Credits for Locomotives,''
memorandum from Philip A. Lorang, Director, Emission Planning and
Strategies Division, Office of Air and Radiation, Environmental
Protection Agency, January 3, 1995.
30. ``Credit for the 15 Percent Rate-of-Progress Plans for
Reductions from the Architectural and Industrial Maintenance (AIM)
Coating Rule,'' memorandum from John S. Seitz, Director, Office of Air
Quality Planning and Standards, Environmental Protection Agency, March
22, 1995.
31. ``Fifteen Percent Rate-of-Progress Plans--Additional
Guidance,'' memorandum from John S. Seitz, Director, Office of Air
Quality Planning and Standards, Environmental Protection Agency, May 5,
1995.
32. ``Update on the credit for the 15 percent Rate-of-Progress
Plans for Reductions from the Architectural and Industrial Maintenance
Coatings Rule,'' memorandum from John S. Seitz, Director, Office of Air
Quality Planning and Standards, Environmental Protection Agency, March
7, 1996.
33. ``Date by which States Need to Achieve all the Reductions
Needed for the 15% Plan from Inspection and Maintenance (I/M) and
Guidance for Recalculation,'' memorandum from Margo Oge, Director,
Office of Mobile Sources, and John S. Seitz, Director, Office of Air
Quality Planning and Standards, Environmental Protection Agency, August
13, 1996.
34. ``Modeling 15 Percent Volatile Organic Compound (VOC)
Reduction(s) from I/M in 1999: Supplemental Guidance,'' memorandum from
Gay MacGregor, Director, Regional and State Programs Division, and
Sally Shaver, Director, Air Quality Strategies and Standards Division,
Environmental Protection Agency, December 23, 1996.
35. ``15% Volatile Organic Compound (VOC) State Implementation Plan
(SIP) Approvals and the `As Soon As
[[Page 15846]]
Practicable' Test,'' memorandum from John S. Seitz, Director, Office of
Air Quality Planning and Standards, and Richard B. Ossias, Deputy
Associate General Counsel, Division of Air and Radiation, Office of
General Counsel, Environmental Protection Agency, February 12, 1997.
36. ``Sample City Analysis: Comparison of Enhanced Inspection and
Maintenance (I/M) Reductions Versus Other 15 Percent Rate of Progress
(ROP) Plan Measures,'' E.H. Pechan, February 12, 1997.
For a 15% ROP plan SIP to be approved, the plan must adequately
justify how much emission reduction is needed to achieve the 15%
emission reduction by November 15, 1996, and how the plan's control
strategy will secure that reduction.
The procedure for calculating the needed emission reduction is as
follows:
(A) Calculate the ``1990 ROP inventory'' by subtracting from the
area's ``1990 base year inventory'' (required to be submitted under
sections 172(c)(3) and 182(a)(1) of the Act 1) biogenic emissions,
emissions outside of the nonattainment area, and pre-enactment banked
emission credits;
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\1\ Sections 172(c)(3) and 182(a)(1) of the Act require that
nonattainment plan provisions include a comprehensive, accurate
inventory of actual emissions which occurred in 1990 from all
sources of relevant pollutants in the nonattainment area. This
inventory provides an estimate of the amount of VOC and oxides of
nitrogen produced by emission sources such as automobiles,
powerplants and the use of consumer solvents in the household.
Because the approval of such inventories is necessary to an area's
15% ROP plan and attainment demonstration, the emission inventory
must be approved prior to or with the 15% ROP plan submission.
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(B) Calculate the ``1990 adjusted base year inventory'' by
subtracting from the 1990 ROP inventory any emission reductions from
the pre-1990 FMVCP and 1990 RVP Federal regulations which occur between
1990 and 1996;
(C) Calculate ``15% of adjusted base year emissions'' by
multiplying the 1990 adjusted base year inventory by 15%;
(D) Calculate the ``total required reductions by 1996'' by adding
emission reductions from the 1990 FMVCP and 1990 RVP federal rules to
the 15% of adjusted base year emissions calculation (as provided under
section 182(b)(1)(D) of the Act);
(E) Calculate the ``1996 emissions target level'' by subtracting
from the 1990 ROP base year inventory the total required reductions by
1996;
(F) Calculate the ``1996 projected emission estimate'' by a number
of methods, such as adding growth factors to the 1990 adjusted base-
year inventory, or adding growth factors and required emission
reductions to the 1990 ROP inventory; and
(G) Calculate the ``reduction required by 1996 to achieve 15% net
of growth'' by subtracting the 1996 target emissions level from the
1996 projected emissions level.
In determining what control measures a State can use in its 15% ROP
plan strategy, the Act provides under section 182(b)(1)(C) that
emission reductions from control measures are creditable to the extent
that they have actually occurred before November 15, 1996. In keeping
with this requirement, the General Preamble states that all credited
emission reductions must be real, permanent, and enforceable, and that
regulations needed to implement the plan's control strategy must be
adopted and implemented by the State by November 15, 1996.
As for the contingency plan, the General Preamble states that the
contingency measures must provide reductions of 3% of the emissions
from the 1990 adjusted base year inventory. While all contingency
measures must be fully adopted rules or measures, the State can use
these measures in two different ways. The State can use its discretion
to implement any contingency measures before 1996. Alternately, the
State may decide not to implement a measure until the area has failed
to secure the 15% emission reduction, attain the National Ambient Air
Quality Standards (NAAQS) for ozone, or meet any other applicable
milestone under the Act. In that situation, the reductions must be
achieved through triggered, prior adopted rules within one year from
the date in which the failure has been identified.
The EPA has reviewed the State's submittal for consistency with the
requirements of the Act and EPA guidance. A summary of EPA's analysis
is provided below.
IV. Analysis of Lake and Porter Counties 15% ROP and Contingency
Plans
Indiana's 15% ROP summary for Lake and Porter Counties is provided
in the following table:
15% ROP Summary for Lake and Porter Counties
------------------------------------------------------------------------
Lbs VOC/day
------------------------------------------------------------------------
CALCULATION OF REDUCTION NEEDS BY 1996
1990 Lake and Porter Counties Total VOC Emissions.......... 424,721
1990 ROP Emissions (Anthropogenic only).................... 381,841
1990-1996 Noncreditable Reductions (Reductions from 1990
RVP and Pre-1990 FMVCP Regulations)....................... 58,838
1990 Adjusted Base Year Emissions (1990 ROP Emissions minus
Noncreditable Reductions)................................. 323,003
15% of Adjusted Base Year Emissions........................ 48,450
Total Required Emission Reductions by 1996 (15% of Adjusted
Base Year Emissions plus Noncreditable Reductions)........ 107,288
1996 Target Level (1990 ROP Emissions minus Total Required
Emission Reductions by 1996).............................. 274,553
1996 Projected Emissions (1990 Adjusted Base Year Emissions
plus Growth Factors)...................................... 342,683
REDUCTION NEEDS BY 1996 TO ACHIEVE 15 PERCENT NET OF GROWTH
(1996 Projected Emission minus 1996 Target Level)......... 68,130
CREDITABLE REDUCTION FROM MANDATORY CONTROLS
Mobile Sources:
Enhanced Vehicle Inspection and Maintenance (I/M)
Program (326 IAC 13-1.1).............................. 6,817
Federal Reformulated Gasoline Program (40 CFR Part 80,
Subpart D)............................................ 14,905
Area Sources:
Stage II Gasoline Vapor Recovery (326 IAC 8-4-6)....... 9,824
Federal Architectural and Industrial Maintenance (AIM)
Coatings Rule......................................... 2,920
Point Sources:
Non-Control Techniques Guideline (CTG) Reasonably
Available Control Technology (RACT) Rule (326 IAC 8-7) 4,559
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[[Page 15847]]
SUBTOTAL--REDUCTIONS FROM MANDATORY CONTROLS......... 39,025
CREDITABLE REDUCTIONS FROM NON MANDATORY CONTROLS
Point Sources:
Keil Chemical Agreed Order............................. 5,327
Coke Oven Battery Shutdowns at Inland Steel Flat
Products \2\ (326 IAC 6-1-10.1(k)(5))................. 22,850
Area Sources:
Residential Open Burning (326 IAC 4-1)................. 929
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SUBTOTAL--REDUCTION FROM NON MANDATORY CONTROLS...... 29,106
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TOTAL CREDITABLE REDUCTIONS FROM 15% ROP PLAN........ 68,130
------------------------------------------------------------------------
\2\ Total reductions from the coke oven battery closures are 23,609 lbs
VOC/day. Reductions not counted toward the 15% ROP plan are being used
as a contingency measure.
A. Calculation of the 1990 Adjusted Base Year Emission Inventory
To determine the 1990 adjusted base year inventory, Indiana used
the 1990 base year emission inventory approved by EPA on January 4,
1995 (60 FR 375), which was found to meet the requirements of sections
172(c)(3) and 182(a)(1) of the Act for Lake and Porter Counties. Total
VOC emissions estimated from this inventory are 424,721 lbs VOC/day.
Indiana subtracted biogenic emissions and emissions from outside Lake
and Porter Counties from the 1990 base year inventory to determine that
the 1990 ROP inventory level is 381,841 lbs VOC/day. No pre-enactment
banked emission credit was included in this inventory.
Indiana used EPA's Mobile Source Emissions Model (MOBILE)5a to
calculate the emission reductions from the pre-1990 FMVCP and 1990 RVP
regulations; these reductions were subtracted from the 1990 ROP
inventory level to find the 1990 adjusted base year inventory level of
323,003 lbs VOC/day. Indiana's documentation includes the actual 1990
motor vehicle emissions using 1990 vehicle miles traveled (VMT) and
MOBILE5a emission factors, and the adjusted emissions using 1990 VMT
and the MOBILE5a emission factors in calendar year 1996 with the
appropriate RVP for the nonattainment area as mandated by EPA. The plan
includes adequate documentation showing how the MOBILE5a model was run
to calculate the expected emission reductions from FMVCP and RVP.
B. 1996 ROP Target Emission Level
To calculate the 1996 target emission level for Lake and Porter
Counties, Indiana first multiplied the 1990 adjusted base year
inventory by 0.15 to determine that the 15% required emission reduction
by 1996 is 48,450 lbs VOC/day. Then, 58,838 lbs VOC/day of reductions
from non-creditable control measures (pre-1990 FMVCP and 1990 RVP) were
added to the 15% required reduction to find that the total required
reductions by 1996 is 107,288 lbs VOC/day. Finally, Indiana subtracted
the 1996 total required emission reductions from the 1990 ROP emission
inventory to determine that the 1996 emission target level for Lake and
Porter Counties is 274,553 lbs VOC/day.
The 15% ROP plan submittal adequately documents the calculations
used to determine the Lake and Porter Counties target level by showing
each step, discussing any assumptions made, and stating the origin of
the numbers used in the calculations.
C. Projected Emission Inventory
To determine the 1996 projected emission inventory, Indiana has
included in the 15% ROP plan the growth factors used together with
documentation for the assumptions made. The point, area, and non-road
mobile source emission inventories were projected using either source
supplied data, population forecasts, historical data, or, where
historical data were unavailable or not suitable to project, the U.S.
Department of Commerce, Bureau of Economic Analysis (BEA), regional
growth data were used. The on-road mobile source emission inventory was
projected using MOBILE5a. The State's calculations for growth in the
on-road mobile, off-road mobile, industrial, and area source sectors is
10,180 lbs VOC/day, 1,298 lbs VOC/day, 4,692 lbs VOC/day, and 3,510 lbs
VOC/day, respectively, for a total of 19,680 lbs VOC/day. These growth
estimates were calculated in a manner consistent with EPA's guidance
documents. The projected emissions were added to the 1990 adjusted
base-year inventory to determine that the 1990 projected emission
inventory level is 342,683 lbs VOC/day.
D. Contingency Measure Provisions
Indiana's contingency plan summary for Lake and Porter Counties is
shown in the following table:
Contingency Measure Summary for Lake and Porter Counties
------------------------------------------------------------------------
Lbs VOC/day
------------------------------------------------------------------------
CALCULATION OF CONTINGENCY MEASURE REDUCTION NEEDED
1990 Adjusted Base Year Emissions.......................... 342,683
3 Percent of 1990 Adjusted Base Year Emissions............. 9,690
CREDITABLE REDUCTIONS FROM CONTINGENCY MEASURES
Remaining Coke Oven Battery Shutdowns at Inland Steel (326
IAC 6-1-10.1(k)(5))....................................... 759
Municipal Solid Waste (MSW) Landfill Rule (326 IAC 8-8).... 1,132
Coke Oven National Emission Standard for Hazardous Air
Pollutants (NESHAP) \3\ (40 CFR Part 63, Subpart L)....... 1,226
Automobile Refinishing Rule (326 IAC 8-10)................. 4,679
[[Page 15848]]
Volatile Organic Liquid (VOL) Storage Rule (326 IAC 8-9)... 2,620
------------
TOTAL CREDITABLE CONTINGENCY REDUCTIONS................ 10,416
------------------------------------------------------------------------
\3\ Although the purpose of NESHAP rules are to control the emissions of
hazardous air pollutants (HAP), pursuant to section 112 of Title III
of the Act, much of the HAPs controlled under the coke oven NESHAP are
also VOC.
E. Creditable Reductions From Control Measures
From the calculation of the 1996 target emission level and 1996
projected emission level, Indiana must reduce emissions in Lake and
Porter Counties by 68,130 lbs VOC/day, to secure the 15% ROP reduction,
and an additional 9,690 lbs VOC/day, to secure the required 3%
contingency reduction. The Lake and Porter Counties 15% ROP and 3%
contingency plans do meet this requirement. The total creditable
emission reduction achieved by the 15% ROP and 3% contingency plans are
68,130 lbs VOC/day, and 10,416 lbs VOC/day, respectively. Emission
reductions not needed to meet the 3% contingency requirement will be
applied toward achieving post-1996 ROP reductions, leading to
attainment of the ozone air quality standard.
The SIP submittal includes documentation indicating the sources or
source categories which are expected to be affected by each control
measure, the sources' projected 1996 emissions without controls, and
the assumptions used to estimate how much the sources' 1996 emissions
would be reduced by each control measure. These assumptions were
derived primarily from Midwest Research Institute's April 30, 1993,
document entitled ``Support Document for Indiana's Lake and Porter
Nonattainment Area 1996 Rate of Progress Plan,'' which was contracted
by EPA to assist Indiana in developing the 15% ROP and contingency
plans. A review of the emission reduction credit taken for each control
measure follows:
Enhanced I/M Program
Of the 15% ROP plans originally submitted to EPA, most contain
enhanced I/M programs because they achieve more VOC emission reductions
than most, if not all other, control strategies. However, because most
states experienced substantial difficulties implementing enhanced I/M
programs, only a few States are currently actually testing cars using
the original enhanced I/M protocol.
On September 18, 1995 (60 FR 48029), EPA finalized revisions to its
enhanced I/M rule allowing States significant flexibility in designing
I/M programs appropriate for their needs. Further, Congress enacted the
National Highway Systems Designation Act of 1995 (NHSDA), which
provides States with more flexibility in determining the design of
enhanced I/M programs. The substantial amount of time needed by States
to re-design enhanced I/M programs in accordance with the final
enhanced I/M rules and/or the guidance contained within the NHSDA, to
secure State legislative approval when necessary, and set up the
infrastructure to perform the testing program has precluded States from
obtaining emission reductions from enhanced I/M by November 15, 1996.
Given the heavy reliance by many States on enhanced I/M programs to
help satisfy 15% ROP plan requirements, and the recent NHSDA and
regulatory changes regarding enhanced I/M programs, EPA has recognized
that it is not possible for many States to achieve the portion of the
15% ROP reductions that are attributed to enhanced I/M by November 15,
1996. Under these circumstances, disapproval of the 15% ROP plan SIPs
would serve no purpose. Consequently, under certain circumstances, EPA
will allow States that pursue re-design of enhanced I/M programs to
receive emission reduction credit from these programs in their 15% ROP
plans, even though the emission reductions from the I/M program will
occur after November 15, 1996.
Specifically, the EPA will approve 15% ROP SIPs if the emission
reductions from the revised, enhanced I/M programs, as well as from the
other 15% ROP plan measures, will achieve the 15% level as soon after
November 15, 1996, as practicable. To make this ``as soon as
practicable'' determination, the EPA must determine that the 15% ROP
plan contains all VOC control strategies that are practicable for the
nonattainment area in question and that meaningfully accelerate the
date by which the 15% level is achieved. The EPA does not believe that
measures meaningfully accelerate the 15% date if they provide only an
insignificant amount of reductions.
Indiana's enhanced I/M program for Lake and Porter Counties was
approved by EPA on March 19, 1996 (61 FR 11142), and the State began
testing vehicles under the new program on January 1, 1997. A single
contractor, Envirotest, Inc., operates a test-only centralized network
for inspections and re-inspection. The Indiana I/M program requires
coverage of all 1976 and newer gasoline powered light duty passenger
cars and light duty trucks up to 9,000 pounds Gross Vehicle Weight
Rating (GVWR). All applicable 1981 and newer vehicles will be subject
to a transient, mass emissions tailpipe test that includes the purge
and pressure test. All applicable 1976 through 1980 vehicles will be
subject to a BAR90 single-speed idle test that includes the pressure
test. The I/M contractor has acquired all the emission test sites
required under the State I/M contract, and all the test stations
required have been constructed.
EPA has analyzed Indiana's enhanced I/M program to predict when the
emission reductions claimed in the Lake and Porter Counties 15% ROP
plan for the program will actually be secured. This analysis was based
on the methodology specified in EPA's policy memoranda, ``Date by Which
States Need to Achieve all the Reductions Needed for the 15% Plan from
I/M and Guidance for Recalculation,'' August 13, 1996, and ``Modeling
15% VOC Reduction(s) from I/M in 1999--Supplemental Guidance,''
December 23, 1996. MOBILE5b runs were used to evaluate the credit using
inputs that reflect actual program startup. Some of the input
parameters of the modeling included: a January 1, 1997, program start
date; start-up cutpoints as recommended by EPA; and expected
evaporative test procedures available at start-up. The State has taken
credit in the Lake and Porter Counties 15% ROP plan for 6,817 lbs VOC/
day, or 3.41 tons per day reductions from enhanced I/M. Based on EPA's
analysis, the emission reduction claimed will be secured by November
1999. (See EPA's August 13, 1996, policy memorandum titled ``Date by
Which States Need to Achieve all the Reductions Needed for the 15% Plan
from I/M and Guidance for
[[Page 15849]]
Recalculation,'' for further discussion on the November 1999 date).
To determine whether there are other available potential control
measures which can meaningfully accelerate the date by which 15%
emission reduction in Lake and Porter Counties can be achieved, EPA
compared the Lake and Porter Counties 15% ROP and contingency plans
with control measures included in 15% ROP plans nation-wide, which are
listed in EPA's report, ``Sample City Analysis: Comparison of Enhanced
I/M Reductions Versus other 15 Percent ROP Plan Measures,'' referenced
in EPA's policy document ``15% VOC SIP Approvals and the `As Soon As
Practicable' Test,'' February 12, 1997. Based upon the report, EPA
believes that there are no other potential control measures beyond
those already included in the Lake and Porter Counties 15% ROP and
contingency plans which can secure a significant amount of emission
reduction before November 1999.
Because Indiana's enhanced I/M program will secure emission
reductions claimed under the Lake and Porter Counties 15% ROP plan by
November 1999, and because there are no other potential control
measures which can meaningfully accelerate the achievement of 15%
reduction in the counties before November 1999, the EPA finds that the
Lake and Porter Counties 15% ROP plan does secure 15% emission
reductions as soon as practicable. On this basis, the emission
reduction claimed for the Lake and Porter Counties enhanced I/M program
under the 15% ROP plan is approvable.
Federal Reformulated Gasoline Program
The federal reformulated gasoline program (40 CFR part 80, subpart
D) requires gasoline providers in Lake and Porter Counties to sell only
gasoline which meets certain blending requirements to reduce pollution.
The VOC reduction from reformulated gasoline was determined using the
MOBILE5a model to estimate the difference between 1996 highway mobile
source emissions at RVP 9.0, the level of control upon gasoline in Lake
and Porter Counties before the reformulated gasoline requirement, and
1996 highway mobile source emissions with reformulated gasoline.
Indiana has credited a 14,905 lbs/day emission reduction from this
program, which is acceptable.
Stage II Gasoline Vapor Recovery Rule
Indiana's Stage II rule (326 IAC 8-4-6) requires facilities that
sell more than 10,000 gallons of gasoline per month to operate Stage II
vapor recovery systems certified to have a control effectiveness of at
least 95%. Indiana has estimated that the rule has a 84% program in-use
efficiency, accounting for annual inspection program effects and the
exemption of facilities with a monthly gasoline throughput of less than
10,000 gallons. Indiana has credited a 9,824 lbs VOC/day emission
reduction from this rule, which is acceptable.
Federal AIM Coatings Rule
Pursuant to section 183(e) of the Act, EPA proposed on June 25,
1996 (61 FR 32729), a national rule requiring manufacturers of AIM
coatings to meet VOC content limitations. The March 7, 1996, EPA
memorandum ``Update on the Credit for the 15 Percent Rate-of-Progress
Plans for Reductions from the Architectural and Industrial Maintenance
Coatings Rule'' allows States to take credit for a 20% reduction in AIM
coating emissions, even though promulgation of the rule has been
delayed. Based on this policy, Indiana has taken an emission reduction
credit of 2,920 lbs VOC/day, which is acceptable.
Non-CTG RACT Rule
Indiana's Non-CTG RACT rule (326 IAC 8-7) requires VOC controls on
sources which have the potential to emit 25 tons of VOC emissions per
year, and are not already covered under an existing CTG or part of a
post-1990 CTG category. 4 Sources subject to this rule are allowed
to demonstrate compliance by choosing among any one of the following
three available options: (1) achieve an overall VOC reduction in
baseline actual emissions of 98% by the addition of add-on controls or
documented reduction in VOC-containing materials used; (2) achieve a
level of reduction equal to 81% of baseline actual emission by the same
means as stated above, where it is demonstrated that a 98% reduction in
source emissions is not achievable; or (3) achieve an alternative
overall emission reduction by the application of RACT as determined by
the State and EPA. Indiana estimates that the rule's overall control
efficiency is 81%, and has a rule effectiveness of 80%. Indiana has
credited 4,559 lbs VOC/day in emission reductions from this rule, which
is acceptable.
---------------------------------------------------------------------------
\4\ RACT is the lowest emission limitation that a particular
source is capable of meeting by the application of control
technology that is reasonably available, considering technological
and economic feasibility. CTGs are EPA documents which provide
recommendations on what EPA considers the presumptive norm for RACT
for particular industries. Indiana was required to adopt the Non-CTG
RACT rule by section 182(b)(2) of the Act.
---------------------------------------------------------------------------
Keil Chemical Agreed Order
Keil Chemical is required under a July 29, 1994, agreed order
(Cause No. A-2250) to limit emissions from its Pyro-Chek stack to 15
tons of VOC/year by operating a carbon adsorption add-on control
device. Indiana credits this device to reduce emissions by 5,327 lbs
VOC/day, which is acceptable.
Coke Oven Battery Shutdowns at Inland Steel Flat Products
Inland Steel is required under Indiana's Particulate Matter rule
326 IAC 6-1-10.1(k)(5) to shut down numbers 6 through 11 coke batteries
before 1996. The 1990 base-year inventory emissions from these coke
batteries, 23,609 lbs VOC/day, are being credited as emission
reductions. Indiana is using 22,850 lbs VOC/day towards the 15% ROP
plan, and 759 lbs VOC/day as a contingency measure. These reductions
are acceptable.
Residential Open Burning Rule
Under Indiana's rule 326 IAC 4-1, residential open burning is
banned in Lake and Porter Counties. Indiana estimates 80% emission
reduction and 80% rule effectiveness from this rule. An emissions
reduction credit of 929 lbs VOC/day from the rule is acceptable.
Municipal Solid Waste Landfills Rule
The State rule 326 IAC 8-8 applies to new and existing municipal
solid waste landfills emitting greater than 55 tons of non-methane
organic compounds per year and with a minimum design capacity of
100,000 megagrams of solid waste. The rule requires the operation of a
landfill gas collection system and combustion device. Based on a
destruction efficiency of 98% and collection efficiencies ranging from
50% to 60%, Indiana estimates that an overall VOC emission control
efficiency of 49% may be achieved, with 80% rule effectiveness. Indiana
has credited an emission reduction of 1,132 lbs VOC/day from this rule,
which is acceptable.
Coke Oven NESHAP
This federal rule (40 CFR part 63, subpart L) applies to all by-
product coke ovens and nonrecovery coke ovens as stipulated in the
rule. The hazardous air pollutants regulated under the rule are also
VOC. The rule is estimated to have a 15% and 52% control efficiency for
topside leaks and charging, respectively, along with 80% rule
effectiveness. An emission reduction of 1,226 lbs VOC/day has been
credited from this rule, which is acceptable.
[[Page 15850]]
Automobile Refinishing Rule
The State rule 326 IAC 8-10 requires automobile and mobile
equipment refinishing shops to use lower VOC coatings, less-emitting
spray-gun and spray-gun cleaning equipment, and improved work practices
to reduce VOC. To improve rule effectiveness, this rule also requires
refinishing coating suppliers in the area to sell only coatings which
meet the VOC limits required in the rule. In addition to documentation
contained in the submittal, Indiana submitted supplemental
documentation which indicates that an overall 77.8% emission reduction
can be expected from all the control measures required by this rule,
with 100% rule effectiveness. This documentation has been included in
the docket for this rulemaking. Indiana has taken an emission reduction
credit of 4,679 lbs VOC/day from this rule, which is acceptable.
VOL Storage Rule
The State rule 326 IAC 8-9 requires special roof design and sealing
requirements for certain VOL storage vessels. Indiana is only taking
credit from controls on external floating roof tanks and fixed roof
tanks, assuming 96% and 50% control efficiency, respectively, as
contingency measures. The emission credit taken for the VOL storage
rule, 2,620 lbs VOC/day, is acceptable.
The Lake and Porter Counties 15% ROP and contingency plans contain
adequate documentation on how the expected emission reductions from the
control measures were calculated. These expected reductions are
approvable.
F. Enforceability Issues
All measures and other elements in the SIP must be enforceable by
the State and EPA (See sections 172(c)(6), 110(a)(2)(A) of the Act, and
57 FR 13556). The EPA criteria addressing the enforceability of SIPs
and SIP revisions were stated in a September 23, 1987 memorandum (with
attachments) from the Assistant Administrator for Air and Radiation
(see 57 FR 13541). Nonattainment area plan provisions must also contain
a program that provides for enforcement of the control measures and
other elements in the SIP [see section 110(a)(2)(C) of the Act].
The control measures included in the Lake and Porter 15% ROP and
contingency plans have been fully adopted by Indiana and have been
submitted to EPA as revisions to the State's ozone SIP. The EPA has
independently reviewed each control measure to determine conformance
with SIP requirements under section 110 and part D of the Act, and the
overall enforceability of the measure's requirements. Rulemaking action
on each control measure is as follows:
----------------------------------------------------------------------------------------------------------------
Control measure Date of EPA approval
----------------------------------------------------------------------------------------------------------------
Enhanced I/M Program (326 IAC 13-1.1).................. March 19, 1996 (61 FR 11142).
Reformulated Gasoline (40 CFR Part 80, Subpart D)...... Federal regulation promulgated February 16, 1994, (59
FR 7716).
Stage II Gasoline Vapor Recovery (326 IAC 8-4-6)....... April 28, 1994 (59 FR 21942).
Federal AIM Coatings Rule.............................. Proposed federal regulation for which Indiana can take
credit. (See memorandum dated March 7, 1996, from John
Seitz, Director, Office of Air Quality Planning and
Standards to Regional Air Division Directors.)
Non-CTG RACT (326 IAC 8-7)............................. July 5, 1995 (60 FR 34857).
Keil Chemical July 29, 1994, Agreed Order.............. Date of EPA approval action is date of today's Federal
Register. See discussion below.
Residential Open Burning Ban (326 IAC 4-1)............. February 1, 1996 (61 FR 3581).
Coke Oven Battery Shutdown (326 IAC 6-1-10.1(k)(5)).... June 15, 1995 (60 FR 31412).
Municipal Solid Waste Landfills (326 IAC 8-8).......... January 17, 1997 (62 FR 2591).
Coke Oven NESHAP (40 CFR Part 60, Subpart L)........... Federal regulation promulgated October 27, 1993 (58 FR
57911).
Auto Refinishing (326 IAC 8-10)........................ June 13, 1996 (61 FR 29965).
Volatile Organic Liquid Storage Tanks (326 IAC 8-9).... January 17, 1997 (62 FR 2593).
----------------------------------------------------------------------------------------------------------------
The agreed order for Keil Chemical is being approved in today's
direct final rulemaking action. A discussion of this approval is
included in part V of this rulemaking action.
G. Transportation Conformity 1996 Mobile Source Emissions Budget
Section 176(c) requires States to submit SIP revisions establishing
the State's criteria and procedures for assessing the conformity of
federal actions (transportation and general) to the SIP's purpose of
eliminating or reducing the severity and number of violations of the
NAAQS and achieving expeditious attainment of such standards, and 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. To assure conformity with the SIP,
conformity analyses for transportation projects must take into account
the amount of on-road mobile source emissions that can be emitted in
accordance with SIP emission reduction milestones. For the purposes of
EPA transportation conformity determinations, the 1996 emission level
for on-road mobile sources that is achieved from the 15% ROP plan,
constitutes the 1996 VOC mobile source emission budget for Lake and
Porter Counties. This level, which is derived from MOBILE5a using 1996
projected on-road mobile source emissions with reformulated gasoline
and enhanced I/M, is 50,015 lbs/day. Therefore, final approval of the
15% ROP plan also approves the 1996 mobile source VOC emission budget.
For years after 1996, conformity determinations addressing VOCs
must demonstrate consistency with this plan revision's motor vehicle
emissions budget, and satisfaction of the build/no-build test. Final
approval of this 15% ROP plan would not eliminate the need for a build/
no-build test for oxides of nitrogen.
H. Concluding Statement on 15% ROP and Contingency Plans
The EPA has reviewed the Lake and Porter Counties 15% ROP and
contingency plans SIP revisions submitted to EPA as described above,
and finds that the plans satisfy the requirements of sections
172(c)(9), 182(b)(1), and 182(c)(9) of the Act, as well as EPA guidance
for such plans. Therefore, the EPA, in this action, is approving these
plans as revisions to the Indiana ozone SIP.
[[Page 15851]]
V. Analysis of Keil Chemical Agreed Order
A July 29, 1994, agreed order (Cause No. A-2250) between IDEM and
Keil Chemical was included in the Lake and Porter Counties 15% ROP and
contingency plans SIP submittal as a control measure for the 15% ROP
plan. Keil Chemical operates a Pyro-Chek manufacturing process in
Hammond, Lake County, Indiana. The 1990 plant VOC emissions from the
Pyro-Chek stack were estimated to be 5,060 lbs VOC/day, and, if left
uncontrolled, were projected to be approximately 5,464 lbs VOC/day in
1996. Pursuant to the agreed order with IDEM, Keil Chemical installed
and began operation of a carbon adsorption system to limit VOC
emissions from the Pyro-Chek process stack to 15 tons of VOC per year.
The agreed order also requires Keil Chemical to implement a fugitive
emission control program and limits total emissions from the plant to
25 tons of VOC per year. In today's action, EPA is approving the July
29, 1994, Agreed Order as a revision to the Indiana ozone SIP. As a
result of the control placed on the Pyro-Chek stack, Indiana is
claiming 5,327 lbs VOC/day in emissions reductions from the stack.
VI. Final Rulemaking Action
The EPA approves Indiana's 15% ROP plan for Lake and Porter
Counties, 3% contingency plan for Lake and Porter Counties, and the
Keil Chemical Agreed Order, as revisions to the SIP. For transportation
conformity purposes, final approval of the 15% ROP plan also approves
the 1996 mobile source emission budget of 50,015 lbs VOC/day.
The EPA is publishing this action without prior proposal because
EPA views this as a noncontroversial revision 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 on June 2, 1997 unless, by May 5, 1997, adverse or critical
comments are received.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent rulemaking that
will withdraw the final action. All public comments received will be
addressed in a subsequent final rule based on 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 on June 2, 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.
VII. 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.,
EPA 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, 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 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 EPA 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, 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 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 section 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 today's
Federal Register. This rule is not a major rule as defined by section
804(2).
E. 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 June 2, 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, Incorporation by reference, Ozone.
Dated: February 19, 1997.
Michelle D. Jordan,
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 52.770 is amended by adding paragraph (c)(112) to read
as follows:
[[Page 15852]]
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
(112) On June 26, 1995, Indiana submitted an agreed order with Keil
Chemical Division, Ferro Corporation (Keil Chemical) requiring volatile
organic compound emission control at Keil Chemical's Pyro-Chek
manufacturing process, located in Hammond, Lake County, Indiana.
(i) Incorporation by reference. Agreed Order of the Indiana
Department of Environmental Management, Cause No. A-2250, adopted and
effective, July 29, 1994.
3. Section 52.777 is amended by adding paragraphs (k) and (l) to
read as follows:
Sec. 52.777 Control strategy: Photochemical oxidants (hydrocarbon).
* * * * *
(k) On June 26, 1995, Indiana submitted a 15 percent rate-of-
progress plan for the Lake and Porter Counties portion of the Chicago-
Gary-Lake County ozone nonattainment area. This plan satisfies the
counties' requirements under section 182(b)(1) of the Clean Air Act, as
amended in 1990.
(l) On June 26, 1995, Indiana submitted a 3 percent contingency
plan for the Lake and Porter Counties portion of the Chicago-Gary-Lake
County ozone nonattainment area. This plan satisfies the counties'
requirements under section 172(c)(9) and 182(c)(9) of the Clean Air
Act, as amended in 1990.
[FR Doc. 97-8383 Filed 4-2-97; 8:45 am]
BILLING CODE 6717-01-P
