[Federal Register Volume 59, Number 100 (Wednesday, May 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 93-12770]
[[Page Unknown]]
[Federal Register: May 25, 1994]
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[IN33-2-6306; FRL-4887-7]
Federal Highway Funding Assistance Limitations and Emissions
Offset Requirements; Indiana
AGENCY: United States Environmental Protection Agency.
ACTION: Proposed rule; withdrawal; cancellation of the public hearings.
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SUMMARY: On January 24, 1994, the United States Environmental
Protection Agency (USEPA) published a proposed rule proposing to impose
sanctions on Indiana under the discretionary authority granted USEPA
under the Clean Air Act as amended in 1990 (Act) for failure by the
State to meet its commitment to adopt and submit an enhanced motor
vehicle inspection and maintenance (I/M) State Implementation Plan
(SIP) revision as required by the Act for the Lake and Porter County
ozone nonattainment areas. The Indiana legislature passed the
legislation required to support such a SIP revision and on March 4,
1994, Indiana Governor Bayh signed the legislation. Because of this
favorable action, USEPA is withdrawing the January 24, 1994, proposed
rule initiating the process to impose discretionary sanctions. In
addition, USEPA is also canceling the previously announced public
hearings scheduled for February 16, 1994, in Valparaiso; for February
18, 1994, in New Albany; and for February 22, 1994, in Indianapolis
which were postponed on February 15, 1993, by USEPA because of
significant progress made by the Indiana Legislature toward adoption of
necessary legislation up to that date.
DATES: The public hearings scheduled for February 16, 18, and 22, 1994,
which were postponed on February 15, 1994, are canceled.
FOR FURTHER INFORMATION CONTACT: Francisco J. Acevedo, Environmental
Engineer, Regulation Development Section, Regulation Development Branch
(AR-18J), United States Environmental Protection Agency, Region 5, 77
West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6061.
SUPPLEMENTARY INFORMATION: On January 24, 1994 (59 FR 3544), USEPA
published a proposed rule proposing to impose sanctions on the State of
Indiana under the discretionary authority granted USEPA under section
110(m) of the Act for failure by the State to meet its commitment to
adopt and submit an I/M SIP revision as required by the amended Act for
the Lake and Porter County ozone nonattainment area. USEPA had notified
Indiana by letter dated December 30, 1993 of its finding that Indiana
had failed to submit the required I/M SIP revision.
The Indiana legislature subsequently passed Senate Bill 285 to
support such a SIP revision, and on March 4, 1994, Indiana Governor
Bayh signed the Bill. Because of this favorable action, USEPA is
withdrawing the January 24, 1994, proposed rule initiating the process
to impose discretionary sanctions. The USEPA is also canceling the
previously announced hearings scheduled for February 16, 1994, in
Valparaiso; for February 18, 1994, in New Albany; and for February 22,
1994, in Indianapolis. This withdrawal terminates the discretionary
sanctions process initiated by the January 24, 1994, proposed rule. The
mandatory sanctions process under section 179 of the Act initiated by
USEPA's December 30, 1993, finding that Indiana failed to submit the
required SIP revision is not affected by this action. Under that
process, USEPA must impose sanctions within a certain time frame unless
Indiana adopts and formally submits a complete I/M SIP revision.
Because of the recent March 8, 1994 United States Court of Appeals
order concerning the issue of I/M committal SIPs, (NRDC v. EPA, D.C.
Cir. No. 92-1596) if Indiana does not submit a complete SIP by the July
15, 1994 deadline established by the court, the State of Indiana will
be subject to sanctions pursuant to 42 U.S.C. 7509.
Dated: May 10, 1994.
Valdas V. Adamkus,
Regional Administrator.
[FR Doc. 93-12770 Filed 5-24-93; 8:45 am]
BILLING CODE 6560-50-F
