[Federal Register Volume 62, Number 88 (Wednesday, May 7, 1997)]
[Rules and Regulations]
[Pages 24815-24824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11908]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IN54-1a; FRL-5819-3]
Approval and Promulgation of State Implementation Plan; IN
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 State Implementation (SIP) plan: A Rate-Of-Progress (ROP)
plan to reduce volatile organic compound (VOC) emissions in Clark and
Floyd Counties by 15 percent (%) by November 15, 1996; 1996 corrections
to Clark and Floyd Counties' 1990 base year emission inventory (to
establish an accurate base line for the 15% ROP plan); construction
permits requiring VOC emission control at Rhodes, Incorporated (Rhodes)
in Charlestown, Clark County; and a ridesharing program affecting
commuters in Clark and Floyd Counties. The plan and control measures
help 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. High concentrations of ground-level ozone can
aggravate asthma, cause inflammation of lung tissue, decrease lung
function, and impair the body's defenses against respiratory infection.
The 15% ROP plan's control measures are expected to reduce VOC
emissions in Clark and Floyd Counties by 17,215 pounds (lbs) per day.
In this action, EPA is approving the above requested SIP revisions
through a ``direct final'' rulemaking; the rationale for this approval
is set forth below.
DATES: The ``direct final'' rule, is effective July 7, 1997, unless EPA
receives adverse or critical comments by June 6, 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 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 emission reductions occurring by 1996
from the: (1) 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.
In Indiana, two ozone nonattainment areas are required to be
covered by a 15% ROP plan: 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.
Today's rulemaking action addresses only the plan for Clark and Floyd
Counties; the Lake and Porter Counties 15% ROP plan has been addressed
in an April 3, 1997, rulemaking action (see 62 FR 15844).
II. Indiana's 15% ROP Plan Submittal
The Act requires States to observe certain procedural requirements
in
[[Page 24816]]
developing SIPs and SIP revisions for submission to EPA. Section
110(a)(2) and section 110(l) of the Act require that each SIP revision
meet reasonable notice and public hearing requirements. The State of
Indiana submitted a portion of the Clark and Floyd Counties 15% ROP
plan SIP revision on December 20, 1993. The SIP revision was 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). Because Indiana
had not included fully adopted rules for all the plan's control
measures, nor held a public hearing on the plan, the submittal was
deemed incomplete. Subsequently, Indiana held a public hearing on the
plan on March 31, 1994, in New Albany, Indiana. A hearing transcript, a
summary of comments from that hearing, and the Indiana Department of
Environmental Management's (IDEM) response to comments were submitted
on July 5, 1994. IDEM sent a supplemental submittal on July 12, 1995,
which included fully adopted rules for the Clark and Floyd Counties 15%
ROP plan. In a July 17, 1995, letter to Indiana, the State was informed
that the SIP submittal was deemed complete.
Indiana submitted a contingency plan with the 15% ROP plan pursuant
to section 172(c)(9). EPA will take action on this plan in a separate
rulemaking action. The contingency plan is a separate requirement of
the Act, and approval of the contingency plan is not a prerequisite for
approval of the 15% ROP plan.
III. Criteria for 15% ROP Plan Approvals
The requirements for 15% ROP plans are found in section 182(b)(1)
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 (General
Preamble).
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 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,
[[Page 24817]]
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. ``Sample City Analysis: Comparison of Enhanced Inspection and
Maintenance (I/M) Reductions Versus Other 15 Percent Rate of Progress
Plan Measures,'' E.H. Pechan and Associates, December 12, 1996.
35. ``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.
36. ``15% Volatile Organic Compound (VOC) State Implementation Plan
(SIP) Approvals and the `As Soon As 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.
For a 15% ROP plan SIP to be approved, the plan must adequately
justify how much emission reduction is needed to achieve 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'' 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; 2
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\2\ The 1990 adjusted base year inventory represents the
``baseline emissions'' from which the 15 percent reduction is to be
calculated, as specified under section 182(b)(1)(B) of the Act.
Section 182(b)(1)(B) defines baseline emissions to mean the total
amounts of actual VOC emissions from all anthropogenic sources in
the ozone nonattainment areas during the calendar year of 1990,
excluding emissions that are eliminated by the pre-1990 FMVCP and
1990 RVP regulations. In the General Preamble, EPA interprets
``calendar year'' emissions to consist of typical ozone season
weekday emissions, based on the fact that the ozone National Ambient
Air Quality Standard (NAAQS) (0.12 parts per million, one-hour
averaged) is generally exceeded or violated during ozone season
weekdays when ozone precursor emissions and meteorological
conditions are most conducive to ozone formation. Ozone seasons are
typically the summer months.
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(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 pre-1990 FMVCP and 1990 RVP federal rules
to the 15% of adjusted base year emissions calculation; 3
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\3\ Under section 182(b)(1)(D), emission reductions pre-1990 and
1990 RVP regulations are not creditable toward meeting 15%. The
emission reductions which occurred by 1996 from these regulations
are added to emissions required to meet 15% to determine the total
amount of emission reduction by 1996 for the area.
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(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.
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.
[[Page 24818]]
IV. Analysis of Clark and Floyd Counties 15% ROP Plan
Indiana's 15% ROP Summary for Clark and Floyd Counties is shown in
the following table:
15% ROP Summary for Clark & Floyd Counties
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Lbs VOC/day
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Calculation of Reduction Needs by 1996
1990 Clark and Floyd Counties Total VOC Emissions....... 162,855
1990 ROP Emissions (Anthropogenic only)................. 86,815
1990-1996 Noncreditable Reductions (Reductions from 1990
RVP and Pre-1990 FMVCP Regulations).................... 18,985
1990 Adjusted Base Year Emissions (1990 ROP Emissions
minus Noncreditable Reductions)........................ 67,830
15% of Adjusted Base Year Emissions..................... 10,175
Total Expected Emission Reductions by 1996 (15% of
Adjusted Base Year Emissions plus Noncreditable
Reductions)............................................ 29,160
1996 Target Level (1990 ROP Emissions minus Total
Required Emission Reductions by 1996).................. 57,655
1996 Projected Emissions (1990 Adjusted Base Year
Emissions plus Growth Factors)......................... 74,764
Reduction Needed to Achieve 15 Percent Net of Growth
(1996 Projected Emissions minus 1996 Target Level)..... 17,109
Expected Reduction From Mandatory Controls
Point Sources:
Volatile Organic Liquid (VOL) Storage Tanks Rule
(326 IAC 8-9)...................................... 142
Shipbuilding and Ship Repair Rule (326 IAC 8-12).... 1,164
Wood Furniture Coating Rule (326 IAC 8-11).......... 2,445
Area Sources:
Automobile Refinishing Rule (326 IAC 8-10).......... 1,172
Federal Architectural and Industrial Maintenance
(AIM) Coatings Rule................................ 750
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Subtotal--Reductions From Mandatory Controls...... 5,673
Expected Reductions From Non Mandatory Controls
Mobile Sources:
Low Reid Vapor Pressure (RVP) Gasoline Rule--Mobile
Sources (326 IAC 13-3)............................. 3,800
Improved Basic Vehicle Inspection and Maintenance (I/
M) Program (326 IAC 13-1.1)........................ 2,200
Commuter Credits from Kentucky Motorists............ 700
Ridesharing Program................................. 55
Area Sources:
Stage II Gasoline Vapor Recovery Rule (326 IAC 8-4-
6)................................................. 2,290
Lower RVP Gasoline Rule--Area Sources (326 IAC 13-3) 787
Residential Open Burning (326 IAC 4-1).............. 704
Municipal Solid Waste (MSW) Landfill Rule (326 IAC 8-
8)................................................. 345
Point Sources:
Rhodes, Inc. (Rhodes) Construction Permit........... 661
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Subtotal--Reduction From Non Mandatory Controls... 11,542
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Total Creditable Reductions From 15% ROP Plan..... 17,215
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A. Calculation of the 1990 Adjusted Base Year Emission Inventory
To determine the 1990 adjusted base year inventory, Indiana used
its 1990 base year emission inventory as a starting point. This
inventory was found by EPA to meet the requirements of sections
172(c)(3) and 182(a)(1) of the Act for Clark and Floyd Counties and was
approved on June 20, 1994 (59 FR 31544). After this approval, Indiana
identified certain errors with the point and area source portions of
the inventory and made corrections to the inventory, accordingly. These
corrections were included with the Clark and Floyd 15% ROP plan
submittal and are being approved in today's action as a revision to the
SIP (See section V of this rulemaking action). Under the revised 1990
base year emissions inventory, total VOC emissions are 162,855 lbs VOC/
day. Indiana subtracted from the 1990 base year inventory biogenic
emissions and emissions from outside Clark and Floyd Counties to
determine that the 1990 ROP inventory level is 86,815 lbs VOC/day. No
pre-enactment banked emission credit was included in the inventory.
Indiana used EPA's Mobile Source Emissions Model (MOBILE)5a
emission factor model to determine the emission reductions from pre-
1990 FMVCP and 1990 RVP regulations; the 1990 ROP inventory level minus
these reductions equates to a 1990 adjusted base year inventory level
of 67,830 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
submittal includes adequate documentation showing how the MOBILE5a
model was run to determine the expected emission reductions by 1996
from pre-1990 FMVCP and 1990 RVP.
B. 1996 ROP Target Emission Level
To calculate the 1996 target emission level for Clark and Floyd
Counties, Indiana first multiplied the 1990 adjusted base year
inventory by 0.15 to determine that the 15% required emission reduction
by 1996 is 10,175 lbs VOC/day. Then, 18,985 lbs VOC/day of reductions
from noncreditable control measures (pre-1990 FMVCP and 1990 RVP) were
added to the 15% required reduction to determine that the total
expected reductions by 1996 is 29,160 lbs VOC/day. Finally, Indiana
subtracted the 1996 total expected
[[Page 24819]]
emission reductions from the 1990 ROP emission inventory to determine
that the 1996 emission target level for Clark and Floyd Counties is
57,655 lbs VOC/day.
The 15% ROP plan submittal adequately documents the total expected
reductions in the nonattainment area by showing each step, discussing
any assumptions made, and stating the origin of the number used in the
calculations.
C. Projected Emission Inventory
To determine the 1996 projected emission inventory, Indiana
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
are 3,940 lbs VOC/day, 691 lbs VOC/day, 1,150 lbs VOC/day, and 1,153
lbs VOC/day, respectively, for a total of 6,934 lbs VOC/day. These
growth estimates were calculated in a manner consistent with EPA
guidance documents. The projected emissions were added to the 1990
adjusted base year inventory to determine that the 1990 projected
emission inventory level is 74,764 lbs VOC/day.
D. Creditable Reductions From Control Measures
From the calculation of the 1996 target emission level and 1996
projected emission level, Clark and Floyd Counties must reduce
emissions by 17,109 lbs VOC/day to secure the 15% ROP reduction. The
Clark and Floyd Counties 15% ROP plan does meet this requirement. The
total creditable emission reduction achieved by the 15% ROP plan is
17,215 lbs VOC/day. Emission reductions not needed to meet 15% can be
used in Clark and Floyd Counties' contingency plan or attainment plan.
The SIP submittal includes documentation of 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 each control measure will reduce
the sources' 1996 emissions. These assumptions were derived primarily
from Midwest Research Institute's April 30, 1993, document entitled
``Support Document for Indiana's Clark and Floyd Nonattainment Area
1996 Rate-of-Progress Plan'' (MRI document), which was contracted by
EPA to assist Indiana in developing the 15% ROP plan.
A review of the emission reduction credit taken for each control
measure follows:
VOL Storage Rule
SIP 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 fixed roof tanks located in Floyd County. The
rule's control requirements for fixed roof tanks are assumed to have an
overall control efficiency estimate of 96%, with a rule effectiveness
of 80%. An emission reduction of 142 lbs VOC/day has been claimed from
this rule, which is acceptable.
Shipbuilding and Ship Repair Rule
SIP rule 326 IAC 8-12 requires shipbuilding and ship repair
operations to comply with certain low-VOC coating requirements, coating
thinning limitations, and VOC-reducing work practices. One source,
Jeffboat, is affected by this rule. Jeffboat is required to use water
based weld-through (shop) preconstruction primer with a VOC content of
zero. This limit is significantly tighter than EPA's Control Techniques
Guideline limit of 5.42 lbs VOC/gallon for preconstruction primers used
in this source category (see 61 FR 44050, August 27, 1996). In addition
to documentation contained in the submittal, Indiana submitted
supplemental documentation showing that the rule's control measures
have an estimated 73% VOC control efficiency. For the 15% ROP plan,
however, Indiana conservatively took an overall 50% VOC emission
reduction from the source's 1990 emission level. An emission reduction
claim of 1,164 lbs VOC/day for this rule is acceptable.
Wood Furniture Coating Rule
SIP rule 326 IAC 8-11 requires wood furniture coating operations to
comply with certain low-VOC coating requirements and VOC-reducing work
practices. The MRI document estimated that the rule's control
requirements would result in an overall 55% VOC emission reduction.
However, based on discussions with wood furniture coaters in Clark and
Floyd Counties, Indiana has determined that an overall control
efficiency of 32% is a more accurate estimate. The rule effectiveness
is assumed to be 80%. An emission reduction claim of 2,445 lbs VOC/day
from this rule 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 certain 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 claimed 750
lbs VOC/day in emission reduction, which is acceptable.
Automobile Refinishing Rule
SIP 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. The emission reduction claimed for this rule, 1,172 lbs
VOC/day, is acceptable.
Low RVP Gasoline (7.8 PSI) Rule
SIP rule 326 IAC 13-3 requires gasoline sold in Clark and Floyd
Counties to comply with a 7.8 RVP standard during the ozone season.
Although this rule regulates RVP, it is not an RVP rule promulgated by
the Administrator before enactment, nor required to be promulgated
under section 211(h). Therefore, this rule is creditable under section
182(b)(1)(D). MOBILE5a was used to estimate that the emission
reductions attributable to this requirement are 3,800 lbs VOC/day from
mobile sources, and 787 lbs VOC/day from area sources, respectively.
This emission reduction claim is acceptable.
Improved I/M Program
Many states have claimed emission reductions from improvements to
pre-existing I/M programs in their 15% ROP plans because such
improvements achieve more VOC emission reductions than most, if not all
other, control
[[Page 24820]]
strategies. For many States, however, actual emission reductions from
these improvements will not occur until after 1996. This is due to the
substantial amount of time needed to re-design I/M programs in response
to the September 18, 1995, revisions to EPA's I/M regulations (60 FR
48029) and/or the enactment of the National Highway Systems Designation
Act of 1995 (NHSDA), to secure State legislative approval when
necessary, and to set up the infrastructure to perform the testing
program.
Given the heavy reliance by many States on upgrading I/M to help
satisfy 15% ROP plan requirements, and the recent NHSDA and regulatory
changes regarding I/M, EPA has recognized that it is not possible for
many States to achieve emission reductions attributable to I/M
improvements 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 their I/M program to receive emission reduction
credit for their 15% ROP plans, even though the emission reductions
from I/M will occur after November 15, 1996.
Specifically, the EPA will approve a 15% ROP SIP if the emission
reductions from a revised I/M program, 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.
Revisions to Clark and Floyd Counties' I/M program (326 IAC 13-1.1)
were approved by EPA on March 19, 1996 (61 FR 11142). The State's I/M
contract requires that testing vehicles under the improved program
begin in July 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). The State's program requires
that all applicable 1981 and newer vehicles meet a transient, mass
emissions tailpipe test that includes the purge and pressure test. All
applicable model year 1976 through 1980 vehicles will be subject to a
BAR90 single-speed idle test that includes the pressure test.
EPA has analyzed Clark and Floyd Counties' improved I/M program to
predict when the emission reductions claimed in the 15% ROP plan for
the improvements 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 July 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
Clark and Floyd Counties 15% ROP plan for 2,200 lbs VOC/day reductions
from improvements in 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 Recalculation,'' for further discussion on the
acceptability of 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 Clark and Floyd Counties can be achieved, EPA
compared the Clark and Floyd Counties 15% ROP plan 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,'' December 12,
1996, 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 Clark and Floyd 15% ROP plan which
can secure a significant amount of emission reduction before November
1999.
Because Indiana's improved I/M program will secure emission
reductions claimed under the Clark and Floyd Counties 15% ROP plan by
November 1999, and 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 Clark and Floyd
Counties 15% ROP plan does secure 15% emission reductions as soon as
practicable. On this basis, the emission reduction claimed under Clark
and Floyd Counties' 15% ROP plan for improved I/M is approvable.
Commuter Credits, Kentucky Motorists
The 1990 base year inventory includes emissions from VMT driven in
Clark and Floyd Counties by Louisville, Kentucky, motorists. Two post-
1990 control measures implemented in Louisville have reduced emissions
from these motorists: reformulated gasoline and I/M pressure checks.
MOBILE5a was used to estimate the emission reduction in Clark and Floyd
Counties associated with these control measures, and the input and
output files are included in the SIP submittal. The emission reduction
claimed from this program, 700 lbs VOC/day, is acceptable.
Ridesharing Program
The Clark and Floyd Counties 15% ROP plan takes credit for a
ridesharing program, called the ``Commuter Pool,'' which affects
commuters in Clark and Floyd Counties. The Commuter Pool program
provides companies and employees with technical and financial
assistance in implementing car-pool and van-pool commuting
arrangements. The program covers the entire Louisville metropolitan
area and is administered by the Kentuckiana Regional Planning and
Development Agency (KIPDA), the Metropolitan Planning Organization
(MPO) for the area. The program is programmed and funded in the
Louisville metropolitan area's Horizon 2020 Transportation Improvement
Plan and fiscal year (FY) 1997-2000 Transportation Improvement Program
(TIP). The rideshare program is partly funded through the federal
Congestion Mitigation and Air Quality Improvement Program
(CMAQ).4
---------------------------------------------------------------------------
\4\ MPOs can utilize United States Department of Transportation
(DOT) funds from CMAQ. CMAQ is a federal program which provides
funding for transportation related projects and programs designed to
contribute to attainment of air quality standards.
---------------------------------------------------------------------------
To demonstrate emission reductions achieved by this program in
Clark and Floyd Counties, Indiana submitted an air quality analysis
from KIPDA which was developed using a similar methodology used to
evaluate the FY 1994-1997 TIP for the Louisville metropolitan area. As
part of this analysis, KIPDA isolated the impacts of the ridesharing
program on roadways in Clark and Floyd Counties regardless of
[[Page 24821]]
whether employment locations are based in Indiana or Kentucky. This
impact is estimated to be an emission reduction of 55 lbs VOC/day.
This program was submitted with the Clark and Floyd 15% ROP plan as
a transportation control measure (TCM) to be included in the SIP. EPA
is, in today's action, approving the TCM as a SIP revision (see section
V of the rulemaking). The TCM has been implemented since 1994 and was
initially programmed and funded in the Louisville metropolitan area
1994-1997 TIP. This program's continued operation will be ensured
through federal transportation conformity requirements. The emission
reduction claimed from the program is acceptable.
Stage II Gasoline Vapor Recovery Rule
SIP rule 326 IAC 8-4-6 requires facilities that sell more than
10,000 gallons of gasoline per month to operate Stage II gasoline vapor
recovery systems certified to have a control effectiveness of at least
95%. Indiana has estimated that the rule has an 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. The State's emission reduction claim of 2,290 lbs VOC/
day from this rule is acceptable.
Residential Open Burning Rule
Under SIP rule 326 IAC 4-1, residential open burning is banned in
Clark and Floyd Counties. Indiana estimated that this rule would reduce
open burning emissions by 80%, or 704 lbs VOC/day, which is acceptable.
MSW Landfill Rule
SIP rule 326 IAC 8-8 applies to new and existing MSW 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 estimated that
an overall VOC emission control efficiency range of 49% to 59% may be
achieved, with a rule effectiveness of 80%. The State has claimed 345
lbs VOC/day in emission reduction from this rule, which is acceptable.
Rhodes Construction Permits
Rhodes, located in Charlestown, Clark County, operates a heatset
web offset printing operation. In 1990, the source was emitting
approximately 125 tons of VOC per year after controls. Beginning in
October 15, 1991, Rhodes began a series of replacements and new
installation of presses. Rhodes has been issued three construction
permits, CP 019-2110, CP 019-2696, and CP 019-4362, in accordance with
326 IAC 2-1-3, to replace and install presses. These permits require
Rhodes to improve its VOC emission control by installing and operating
two thermal incinerators with a 98% VOC destruction efficiency to
control ink emissions from all presses in the plant.
Indiana estimated emission reductions from the VOC control
improvements using a July 1, 1994, report submitted by Rhodes to IDEM
pursuant to the State's emission statement program.\5\ This report was
based upon stack test data with one of the new thermal incinerators in
operation. IDEM inspectors quality assured the report and found it
acceptable. Using software designed to calculate annual emissions from
data submitted under the emission statement program, IDEM determined
that in 1994 Rhodes was emitting 13.5 tons of VOC per year after
controls, representing a 111.5 ton VOC/year reduction from 1990 levels.
IDEM used an EPA conversion equation (to account for emissions per
summertime day) to determine that the new controls at Rhodes have
reduced emissions by 771 lbs VOC/day.
---------------------------------------------------------------------------
\5\ Indiana's emission statement program (326 IAC 2-6) was
adopted pursuant to section 182(a)(3)(B) of the Act. Under this
program, owners and operators of stationary sources of VOC or oxides
of nitrogen (NOx) are required to provide annual
statements, in a format required under 326 IAC 2-6, showing actual
emissions of NOx and/or VOC from the sources. EPA
approved Indiana's emission statement program on June 10, 1994 (59
FR 29953).
---------------------------------------------------------------------------
Indiana submitted the Rhodes construction permits with the Clark
and Floyd Counties 15% ROP plan and claimed a 661 lbs VOC/day emission
reduction from the permits. In today's action, EPA is approving the
Rhodes construction permits as revisions to the Indiana ozone SIP (see
section V of this rulemaking action). It should be noted that Indiana's
15% ROP plan submittal states the total reduction from Rhodes as 865
lbs VOC/day. However, IDEM has subsequently indicated to EPA that the
emission reduction from Rhodes which should have been claimed in the
submittal is 771 lbs VOC/day. In today's action, EPA is approving an
771 lbs VOC/day emission reduction which can be credited toward ROP.
Since Indiana claimed 661 lbs VOC/day in emission reduction from Rhodes
in the 15% ROP plan submittal, the remaining 110 lbs/day can be used
toward meeting Clark and Floyd Counties' attainment demonstration or
contingency plan requirements.
E. 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 Clark and Floyd Counties 15%
ROP plan have been fully adopted by Indiana and have been submitted to
EPA as a revision 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 measure's
overall enforceability. Rulemaking action on each control measure is as
follows:
------------------------------------------------------------------------
Control measure Date of EPA approval
------------------------------------------------------------------------
VOL Storage Vessel Rule (326 January 17, 1997 (62 FR 2593)
IAC 8-9).
Shipbuilding and Ship Repair January 22, 1997 (62 FR 3216)
Rule (326 IAC 8-12).
Wood Furniture Coating Rule October 30, 1996 (61 FR 55889)
(326 IAC 8-11).
Federal Architectural and Proposed federal regulation for which
Industrial Maintenance Indiana can take credit (See March 7,
Coatings Rule. 1996, memorandum from John Seitz,
Director, Office of Air Quality Planning
and Standards to Regional Division
Directors).
Automobile Refinishing Rule June 13, 1996 (61 FR 29965)
(326 IAC 8-10).
[[Page 24822]]
Low RVP Gasoline Rule (326 February 9, 1996 (61 FR 4895)
IAC 13-3).
Improved Basic I/M (326 IAC March 19, 1996 (61 FR 11142)
13-1.1).
Commuter Credits, Kentucky February 16, 1994 (59 FR 7716) (Federal
Motorists. reformulated gasoline)
July 28, 1995 (60 FR 38700) (Louisville
Hybrid I/M)
KIPDA Ridesharing Program.... Date of EPA approval action is date of
today's Federal Register. See discussion
below.
Stage II Vapor Recovery (326 April 28, 1994 (59 FR 21942)
IAC 8-4-6).
Residential Open Burning Ban February 1, 1996 (61 FR 3581)
(326 IAC 4-1).
Municipal Solid Waste January 17, 1997 (62 FR 2591)
Landfills (326 IAC 8-8).
Rhodes Construction Permits.. Date of EPA approval action is date of
today's Federal Register. See discussion
below.
------------------------------------------------------------------------
F. 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
National Ambient Air Quality Standards and achieving expeditious
attainment of such standards. These conformity SIP revisions must
assure that federal actions 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 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 Clark and Floyd Counties. This level, which
is derived from MOBILE5a using 1996 estimated emissions with improved
I/M, 7.8 low RVP, and Kentucky commuter credits, is 17,340 lbs VOC/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, as
defined under 40 CFR part 93.
G. Conclusion
The EPA has reviewed the Clark and Floyd Counties 15% ROP plan SIP
revision submitted to EPA as described above, and finds that the plan
satisfies the applicable requirements of the Act, as well as EPA
guidance for such plans. Therefore, the EPA, in this action, is
approving these plans as a revision to the Indiana ozone SIP.
V. Other Rulemaking Actions
A. Corrections to 1990 Base Year Emissions Inventory
Corrections for Clark and Floyd Counties 1990 base year emissions
inventory were submitted as Appendix B in the 15% ROP plan submittal.
In today's action, EPA is approving the revised 1990 base year
emissions inventory as a revision to the SIP. The following table
explains the revisions:
Revisions to Clark and Floyd Counties' 1990 Base-Year Emission Inventory
------------------------------------------------------------------------
Sources affected Explanation of changes
------------------------------------------------------------------------
Service station tank breathing Controlled emissions from service
area sources. station tank breathing were
erroneously included in the 1990
base year emissions inventory and
have now been removed.
Ashland........................... Ashland has submitted corrected 1990
base year emissions for its point
sources.
Rhodes............................ Rhodes was not included in the 1990
base year emissions inventory.
Emissions from the source have now
been added.
Louisville Hardwoods, Inc......... Because Louisville Hardwoods' 1990
emissions were less than the 10
tons VOC/year point source
inventory cut off, the source's
emissions have been shifted from
the point source inventory to the
area source inventory.
------------------------------------------------------------------------
B. Ridesharing Program
Included as a requested SIP revision in the Clark and Floyd 15% ROP
plan submittal is a ridesharing program, called the Commuter Pool,
affecting commuters in Clark and Floyd Counties. The Commuter Pool
program provides companies and employees in the Louisville metropolitan
area (including Clark and Floyd Counties) with technical and financial
assistance in implementing car-pool and van-pool commuting
arrangements.
To take credit for the ridesharing program, the program must be
approved by EPA as a Transportation Control Measure (TCM) and
incorporated in the SIP. EPA's requirements for TCMs are summarized in
the June 1993, EPA guidance document, Guidance on Preparing Enforceable
Regulations and Compliance Programs for the 15 Percent Rate-of-Progress
Plans. The required elements are (1) A complete description of the
measure, and, if possible, its estimated emissions reduction benefits;
(2) evidence that the measure was properly adopted by a jurisdiction(s)
with legal authority to execute the measure; (3) evidence that funding
will be available to implement the measure; (4) evidence that all
necessary approvals have been obtained from all appropriate government
offices; (5) evidence that a complete schedule to plan, implement, and
enforce the measure has been adopted by the implementing agencies; and
(6) a description of any monitoring program to evaluate the measure's
effectiveness and to allow for necessary in-place corrections or
alterations.
The Commuter Pool program, as submitted by Indiana in the Clark and
Floyd 15% ROP plan submittal, fully satisfies TCM requirements based on
the following: (1) A complete description of the program and estimated
emission reduction are provided in the documentation submitted with the
ROP plan; (2) the measure has been adopted
[[Page 24823]]
by KIPDA, the authorized MPO for Louisville; (3) the program is
currently operating and has received federal CMAQ program money for
operation; (4) all necessary approvals have been obtained from DOT on
the FY 1997-2000 TIP and Horizon 2020 Transportation Plan (which
includes the TCM); (5) the Transportation Plan and TIP constitute the
schedule, implementation mechanism, and also the enforcement mechanism
for the TCM (the conformity provisions in 40 CFR part 93 provide that
TCMs in an approved SIP must be implemented on schedule before a
conformity determination can be made by DOT); and (6) the CMAQ program
requires monitoring of programs funded under CMAQ and annual reports to
DOT on achieved emission reductions. The Commuter Pool TCM, therefore,
is approvable.
C. Rhodes Permits
Rhodes' heatset web offset printing operations are subject to three
construction permits issued under 326 IAC 2-1 of the Indiana rules. The
construction permits are CP 019-2110, CP 019-2696, and CP 019-4362,
issued October 15, 1991, December 18, 1992, and April 21, 1995,
respectively. These permits were submitted with the Clark and Floyd 15%
ROP plan as a revision to the SIP.
Under the construction permits, Rhodes must not operate its presses
unless the incinerators are functioning properly. Each incinerator must
meet a 98% VOC destruction efficiency, and must maintain a combustion
temperature at or above 1400 degrees Fahrenheit (760 degrees Celsius)
to ensure continuous compliance with the destruction efficiency. The
plant must meet a VOC capture efficiency of 86%, assuring an overall
efficiency of 84% minimum. Rhodes was required to conduct an initial
compliance stack test for each incinerator. Daily record keeping of the
incinerators' minimum operating inlet temperature and minimum duct
velocity must be kept for at least two years. Exceedances must be
reported to IDEM.
These permits are being approved in today's action as revisions to
the Indiana ozone SIP.
VI. Final Rulemaking Action
The EPA approves Indiana's 15% ROP plan for Clark and Floyd
Counties as a revision to the SIP. For transportation conformity
purposes, final approval of this 15% ROP plan also approves the 1996
mobile source emission budget of 16,785 lbs VOC/day. EPA also approves
corrections to Clark and Floyd Counties 1990 base year emissions
inventory, the Rhodes permits, and the ridesharing program TCM included
in the 15% ROP submittal.
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 July 7, 1997 unless, by June 6, 1997, adverse or critical
comments on the approval are received.
If the EPA receives adverse comments, the approval 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
July 7, 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).
F. 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 July 7, 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
[[Page 24824]]
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,
Reporting and recordkeeping requirements.
Dated: April 16, 1997.
William E. Muno,
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)(118) to read
as follows:
Sec. 52.770 Identification of Plan.
* * * * *
(c) * * *
(118) On July 12, 1995, Indiana submitted as a revision to the
State Implementation Plan construction permits CP 019-2110, CP 019-
2696, and CP 019-4362, issued under Indiana rule 326 IAC 2-1. The
permits establish volatile organic compound control requirements for
Rhodes Incorporated's heatset web offset printing presses.
(i) Incorporation by reference. Construction Permit CP 019-2110,
issued and effective October 15, 1991; Construction Permit CP 019-2696,
issued and effective December 18, 1992; Construction permit CP 019-
4362, issued and effective April 21, 1995.
3. Section 52.777 is amended by adding paragraph (m) to read as
follows:
Sec. 52.777 Control Strategy: Photochemical Oxidants (hydrocarbon).
* * * * *
(m) On July 12, 1995, Indiana submitted a 15 percent rate-of-
progress plan for the Clark and Floyd Counties portion of the
Louisville ozone nonattainment area. This plan satisfies Clark and
Floyd Counties' requirements under section 182(b) of the Clean Air Act,
as amended in 1990.
4. Section 52.777 is amended by adding paragraph (n) to read as
follows:
Sec. 52.777 Control Strategy: Photochemical Oxidants (hydrocarbon).
* * * * *
(n) On July 12, 1995, Indiana submitted corrections to the 1990
base year emissions inventory for Clark and Floyd Counties. The July
12, 1995, corrections are recognized revisions to Indiana's emissions
inventory.
5. Section 52.777 is amended by adding paragraph (o) to read as
follows:
Sec. 52.777 Control Strategy: Photochemical Oxidants (hydrocarbon).
* * * * *
(o) On July 12, 1995, Indiana submitted as a revision to the
Indiana State Implementation Plan a ridesharing transportation control
measure which affects commuters in Clark and Floyd Counties.
[FR Doc. 97-11908 Filed 5-6-97; 8:45 am]
BILLING CODE 6560-50-P
