[Federal Register Volume 65, Number 12 (Wednesday, January 19, 2000)]
[Rules and Regulations]
[Pages 2882-2889]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 00-726]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[IN116-1a, FRL-6522-1]


Approval and Promulgation of Implementation Plans; and 
Designation of Areas for Air Quality Planning Purposes; Indiana

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Direct final rule.

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SUMMARY:  The EPA is approving a request from Indiana for redesignation 
of the carbon monoxide (CO) nonattainment areas in Lake and Marion 
Counties, Indiana to attainment of the CO national ambient air quality 
standards (NAAQS). The EPA is also approving the plans for maintaining 
the CO standard in the portions of these counties currently designated 
as not attaining the CO NAAQS. On December 21, 1999, the State of 
Indiana submitted a redesignation request and revision to the Indiana 
State Implementation Plan (SIP) that included maintenance plans for 
both Lake and Marion Counties.

DATES:  This rule is effective on March 20, 2000, unless EPA receives 
adverse written comments by February 18, 2000. If adverse comment is 
received, EPA will publish a timely withdrawal of the rule in the 
Federal Register and inform the public that the rule will not take 
effect.

ADDRESSES:  Send written comments to: J. Elmer Bortzer, Chief, 
Regulation Development Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, 
Illinois 60604.
    Copies of the material submitted by the State in support of these 
requests are available for inspection at the Environmental Protection 
Agency, Region 5, Air and Radiation Division, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. (Please telephone Patricia Morris 
at (312) 353-8656 before visiting the Region 5 Office.)

FOR FURTHER INFORMATION CONTACT:  Patricia Morris, Environmental 
Scientist, Regulation Development Section, Air Programs Branch (AR-
18J), EPA, Region 5, Chicago, Illinois 60604, (312) 353-8656.

SUPPLEMENTARY INFORMATION:  Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used we mean EPA.

Table of Contents

I. When were these areas originally designated nonattainment for 
Carbon Monoxide?
II. What are the geographical boundaries of the CO nonattainment 
areas?
III. What are the criteria for redesignation?
IV. Has the State met the criteria for redesignation?
    A. What data shows attainment of the CO NAAQS in Lake and Marion 
Counties in Indiana?
    B. How does the State meet the applicable requirements of 
section 110 and part D?
    i. Section 110 Requirements
    ii. Part D Requirements
    a. Subpart 1 of Part D--Section 172(c) Provisions
    b. Subpart 1 of Part D--Section 176 Conformity Provisions
    c. Subpart 3 Requirements
    C. Fully Approved SIP Under Section 110(k) of the Act?
    D. Improvement in Air Quality Due to Permanent and Enforceable 
Measures?
    E. Fully Approved Maintenance Plan Under Section 175A?
    i. What is the limited maintenance plan option?
    ii. How has the State met the limited maintenance plan 
requirements?
    a. Emissions Inventory
    b. Projection of Emissions Over the Maintenance Period
    c. Verification of Continued Attainment
    d. Contingency Plan
    e. Conformity Determinations
    iii. Commitment to Submit Subsequent Maintenance Plan Revisions
    V. Rulemaking Actions.
    VI. Administrative Requirements.
    A. Executive Order 12866
    B. Executive Order 12875
    C. Executive Order 13045
    D. Executive Order 13084
    E. Regulatory Flexibility Act
    F. Unfunded Mandates
    G. Submission to Congress and the Comptroller General
    H. National Technology Transfer and Advancement Act
    I. Petitions for Judicial Review

Introduction

    Under the Clean Air Act (Act), EPA may redesignate areas to 
attainment if sufficient data are available to warrant such changes and 
the area meets the criteria contained in section 107(d)(3) of the Act. 
This includes full approval of a maintenance plan for the area. EPA may 
approve a maintenance plan which meets the requirements of section 
175A. On December 21, 1999, the State of Indiana submitted a 
redesignation request and section 175A maintenance plan for the Marion 
County (Indianapolis) and the Lake County (East Chicago) CO 
nonattainment areas. When approved, the section 175A maintenance plan 
will become a federally enforceable part of the SIP for these areas.
    The following is a detailed analysis of the Marion County and Lake 
County, Indiana, Redesignation Request and section 175A Maintenance 
Plan SIP submittal.

I. When were these areas originally designated nonattainment for 
Carbon Monoxide?

    EPA originally designated both the Marion County and the Lake 
County areas as CO nonattainment areas under section 107 of the Act on 
March 3, 1978 (43 FR 8962). In 1990, Congress amended the Act (1990 
Act) and added a provision which authorizes EPA to classify 
nonattainment areas according to the degree of severity of the 
nonattainment problem. In 1991, EPA designated and classified all 
areas. Both counties were designated as nonattainment and not 
classified for CO (40 CFR 81.315). This is because at the time of the 
designation and classification in 1991, air quality monitoring data 
recorded in the area did not show violations of the CO NAAQS. However, 
the State had not completed a redesignation request showing that it had 
complied with all of the requirements of section 107 of the Act. As a 
result, EPA designated the area as nonattainment, but did not establish 
a nonattainment classification. The preamble to the Federal Register 
document for the 1991 designation contains more detail on this action 
(56 FR 56694).
    Since the EPA's 1991 designation, monitors in both the Marion 
County and Lake County areas have not recorded a violation of the CO 
NAAQS. As a result, the area is eligible for redesignation to 
attainment consistent with the 1990 Act. On December 21, 1999, Indiana 
submitted a SIP revision request to the EPA which contained the 
redesignation request and maintenance plan, to ensure continued 
attainment of the CO standard for both the Marion County and Lake 
County areas. The State held public hearings on the redesignation 
request and maintenance plans on November 8 and 10, 1999.

II. What are the geographic boundaries of the CO nonattainment 
areas?

    The CO nonattainment areas are much smaller than Lake County and 
Marion County, respectively. The Lake County nonattainment area is in 
the City of East Chicago (area bounded by Columbus Drive on the north, 
the Indiana Harbor Canal on the west, 148th St. if extended, on the 
south and Euclid Avenue on the east). The Marion County nonattainment 
area is in the central downtown area of Indianapolis (area bound by 
11th St. on the north, Capitol on the west, Georgia

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St. on the south and Delaware on the east).

III. What are the criteria for redesignation?

    The 1990 Act revised section 107(d)(3)(E), which specifies five 
requirements that an area must meet to be redesignated from 
nonattainment to attainment. These requirements are:
    1. The area has attained the applicable NAAQS;
    2. The area has met all relevant requirements under section 110 and 
part D of the Act;
    3. The area has a fully approved SIP under section 110(k) of the 
Act;
    4. The air quality improvement is permanent and enforceable; and,
    5. The area has a fully approved maintenance plan pursuant to 
section 175A of the Act.

IV. Has the State met the criteria for redesignation?

    The EPA has reviewed the Indiana redesignation request for the 
Marion County area and the Lake County area and finds that the request 
for both of the areas meets the five requirements of section 
107(d)(3)(E).

A. What data shows attainment of the CO NAAQS in Lake and Marion 
Counties in Indiana

    There are currently 2 monitoring sites collecting CO data in Lake 
County, one at East Chicago Avenue and the other in Gary at Broadway 
and 15th Avenue. The design value for Lake County for the years 1996 
and 1997 is 3.8 ppm. Both sites are showing attainment of the 8-hour 
and the 1-hour CO standard. Additional historic data are included in 
the State's request showing the historic downward trend and 
demonstrating that the area has been monitoring attainment since before 
1991.
    Currently 2 CO monitoring sites are operating in the Indianapolis 
area, one at Naval Avionics Center and the other at North Illinois 
Street. The CO design value for the years 1996 and 1997 in Marion 
County is 3.9 ppm. Both sites are showing attainment of the 8-hour and 
the 1-hour CO standard. Additional historic data are included in the 
State request.
    The Indiana request is based on an analysis of quality-assured CO 
air quality data. Ambient air monitoring data for calendar years 1991 
through 1998 show no violations of the CO NAAQS in either the Marion 
County or the Lake County area. The State collected this data in an EPA 
approved, quality assured, National Air Monitoring System monitoring 
network.
    As a result, the areas meet the first statutory criterion for 
redesignation to attainment of the CO NAAQS. The State has committed to 
continue monitoring in these areas in accordance with 40 CFR part 58. 
As discussed further below, the design values for Lake (3.8 ppm ) and 
Marion (3.9 ppm ) Counties meet the test for the limited maintenance 
plan option since the design values are well below the 7.8 ppm level.

B. How does the State meet the applicable requirements of section 110 
and part D?

    EPA fully approved Indiana's CO rules on October 28, 1975, (41 FR 
35677) as meeting the requirements of section 110(a)(2). Congress 
amended the Act in 1977 (the 1977 Act) to add part D. The 1990 Act 
modified section 110(a)(2) and, under part D, revised section 172 and 
added new requirements for classification of nonattainment areas. 
Therefore, in addition to complying with requirements of the 1977 Act, 
for purposes of redesignation, the Indiana SIP must satisfy all 
applicable requirements of section 110(a)(2) and part D added by the 
1990 amendments. The amendments and Part D also added emission 
reduction requirements for carbon monoxide areas which were classified 
as moderate and serious. Areas such as Lake and Marion County, which 
were not classified, did not have additional emission reduction 
requirements. EPA has reviewed the SIP to ensure that it contains all 
measures that were required under the amended 1990 Act prior to and at 
the time Indiana submitted its redesignation request for the Lake 
County and Marion County areas.
i. Section 110 Requirements
    The Lake County and Marion County areas SIP meets the requirements 
of amended section 110(a)(2). The requirements for enforceable emission 
limits, control measures, and enforcement did not change in substance 
and, therefore, EPA believes that the pre-amendment SIP met these 
requirements. The amendments added requirements for determining SIP 
completeness. The State has met these requirements. The EPA has 
analyzed the Indiana SIP and determined that it is consistent with the 
requirements of amended section 110(a)(2).
ii. Part D Requirements
    Before EPA may redesignate the Lake County and Marion County areas 
to attainment, the SIP must have fulfilled the applicable requirements 
of part D. Under part D, an area's classification indicates the 
requirements to which it is subject. Subpart 1 of part D sets forth the 
basic nonattainment requirements applicable to all nonattainment areas, 
classified as well as not classifiable. EPA designated both the Lake 
County and Marion County areas as ``not classified'' CO nonattainment 
areas (56 FR 56694, November 6, 1991), codified at 40 CFR 81.323. 
Therefore, to be redesignated to attainment, the State must meet the 
applicable requirements of subpart 1 of part D--specifically sections 
172(c) and 176, (but not the requirements of subpart 3 of part D).
a. Subpart 1 of Part D--Section 172(c) Provisions
    Section 172(c) sets forth general requirements applicable to all 
nonattainment areas. Under 172(b), the section 172(c) requirements are 
applicable as determined by the Administrator, but no later than 3 
years from the date of the nonattainment designation. As discussed 
below, Indiana has satisfied the section 172(c) requirements.
    ``Reasonable Further Progress'' (RFP), required by section 110, is 
annual incremental reductions that a nonattainment area must make 
toward attainment of the NAAQS. This requirement only has relevance 
during the time it takes an area to attain the NAAQS. Because the Lake 
County and Marion County areas have attained the NAAQS, the SIP has 
already achieved the necessary RFP toward that goal.
    In addition, because the Lake County and Marion County areas have 
attained the NAAQS and are no longer subject to an RFP requirement, the 
section 172(c)(9) contingency measures are not applicable, unless EPA 
does not approve the redesignation request and maintenance plan. 
However, section 175A contingency measures still apply. The State has 
submitted an acceptable section 175A contingency plan.
    Similarly, once EPA redesignates an area to attainment, 
nonattainment new source review (NSR) requirements are not applicable. 
The area then becomes subject instead to prevention of significant 
deterioration (PSD) requirements (45 FR 29790). The State has an 
approved NSR program (59 FR 51108, October 7, 1994). In addition, EPA 
has delegated the federal PSD program at 40 CFR 52.21 to the State of 
Indiana. Therefore, the State's demonstration is acceptable.
    The General Preamble (57 FR 13560, April 16, 1992) explains that 
section 172(c)(1) requires the plans for all nonattainment areas to 
provide for the implementation of all Reasonably

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Available Control Measures (RACM) as expeditiously as practicable. The 
EPA interprets this requirement to impose a duty on all nonattainment 
areas to consider all available control measures and to adopt and 
implement such measures as are reasonably available for implementation 
in the area as components of the area's attainment demonstration. 
Because the area has reached attainment, no additional measures are 
needed to provide for attainment.
b. Subpart 1 of Part D--Section 176 Conformity Provisions
    Section 176(c) of the Act requires States to establish criteria and 
procedures to ensure that federally supported or funded projects 
conform to the air quality planning goals in the applicable State SIP. 
The requirement to determine conformity applies to transportation 
plans, programs and projects developed, funded or approved under title 
23 U.S.C. or the Federal Transit Act (``transportation conformity''), 
as well as to all other federally supported or funded projects 
(``general conformity''). Section 176 further provides that state 
conformity revisions must be consistent with Federal conformity 
regulations that the Act required the EPA to promulgate. EPA approved 
Indiana's general conformity rule on December 23, 1997 (62 FR 67000). 
Indiana does not yet have an approved transportation conformity rule. 
Indiana has revised its transportation conformity rule several times 
and must undertake further revision to comply with a March 2, 1999, 
court decision (see 62 FR 43780). Indiana has committed to submit State 
transportation conformity regulations consistent with the Federal 
conformity regulations when revised to meet the court decision.
    The EPA believes it is reasonable to interpret the conformity 
requirements as not applying for purposes of evaluating the 
redesignation request under section 107(d). The rationale for this is 
based on a combination of two factors. First, the requirement to submit 
SIP revisions to comply with the conformity provisions of the Act 
continues to apply to areas after redesignation to attainment, since 
such areas would be subject to a section 175A maintenance plan. Second, 
EPA's Federal conformity rules require the performance of conformity 
analyses in the absence of federally approved State rules. Therefore, 
because areas are subject to the conformity requirements regardless of 
whether they are redesignated to attainment and must implement 
conformity under Federal rules if State rules are not yet approved, the 
EPA believes it is reasonable to view these requirements as not 
applying for purposes of evaluating a redesignation request. 
Consequently, EPA may approve the CO redesignation request for the Lake 
and Marion County areas notwithstanding the lack of a fully approved 
transportation conformity SIP.
    Included in the December 21, 1999, submittal is a commitment by the 
State to satisfy the applicable requirements of the final 
transportation conformity rules. This is acceptable since the Federal 
transportation conformity rule applies to maintenance areas.
    For purposes of transportation conformity, the areas have been 
considered ``hot spot'' areas. The nonattainment areas are too small 
for either a budget or ``build/no-build'' analysis to be effective in 
determining conformity. The State has determined that CO hot spot 
analysis is required for any regionally significant transportation 
projects to be completed in these areas. The limited maintenance plan 
option (discussed in detail below) supports this by concluding that 
``an emissions budget may be treated as essentially not constraining 
for the length of the maintenance period because it is unreasonable to 
expect that such an area will experience so much growth in that period 
that a violation of the CO NAAQS would result.'' The hot spot analysis 
will continue to be required for any regionally significant 
transportation projects to be completed in these areas.
    c. Subpart 3 Requirements
    As noted in the General Preamble, the subpart 3 requirements do not 
apply to ``not classified'' CO nonattainment areas (57 FR 13535). EPA 
classified the Lake County and Marion County areas as ``not 
classified'' CO nonattainment areas on November 6, 1991 (56 FR 56694) 
codified at 40 CFR 81.323. Therefore, to be redesignated to attainment, 
the State does not have to meet the requirements of subpart 3 of part 
D.

C. Fully Approved SIP Under Section 110(k) of the Act

    As noted above, because the areas are ``not classified'' 
nonattainment areas, the 1990 Act did not establish additional 
requirements under subpart 3. Prior to the 1990 Amendments, EPA had 
fully approved the State's CO SIP. Since the areas are not subject to 
the subpart 3 requirements, no additional requirements exist under 
section 110(k) which the State must address prior to redesignation.

D. Improvement in Air Quality Due to Permanent and Enforceable Measures

    The State must demonstrate that the actual enforceable emission 
reductions are responsible for the improvement in air quality.
    The State provided a detailed discussion of the emission reductions 
of CO between 1977 and 1996 which it maintains were responsible for the 
improvement in air quality. Reductions occurred at stationary sources 
and mobile sources. The State made all emission estimates using EPA 
approved emissions inventory techniques. Consistent with EPA emission 
inventory guidance, the emission inventory represents average winter 
day actual emissions for the Lake and Marion Counties areas.
    On-road mobile sources represent the majority of mobile source 
emissions in the Marion County CO nonattainment area. Reductions in 
mobile source CO emissions occurred through the Federal Motor Vehicle 
Control Program (FMVCP) and a number of transportation control measures 
that were implemented during the late 1970s and 1980s. These measures 
are still in effect today. In Marion County, 667.1 tons per year of CO 
were eliminated from the 1977 central business district emissions 
through transportation control measures (TCMs). After these TCMs were 
implemented, the area started monitoring attainment of the CO standard.
    In Lake County, the steel plants currently contribute over half of 
the CO emissions in the base year inventory. However, Indiana 
determined that traffic density and traffic emissions were the primary 
cause of the CO nonattainment problem. Emissions from mobile sources 
and other point sources have been reduced through controls such as the 
FMVCP on motor vehicles and reasonably available control technology 
(RACT) on stationary sources. Indiana's documentation uses emissions 
inventory data taken from the Aerometric Information and Retrieval 
System (AIRS) to demonstrate the reductions in stationary source 
emissions. In Lake County, emissions from point sources have decreased 
from 225,379 tons per year in 1985 to 156,221 tons per year in 1996. 
However, EPA expects some growth in the future. Mobile source emission 
reductions were made through the FMVCP. A 35% reduction took place 
during the years 1981 to 1987 from these controls. The Lake County 
basic vehicle inspection and maintenance (I/M) program has resulted in 
a 13% reduction in CO emissions in Lake County. An enhanced vehicle I/M 
program is currently being operated in Lake County which will result in 
additional reductions. However, Indiana did not quantify the

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additional expected reductions from the enhanced vehicle I/M program.
    Indiana included actual emissions for point sources from 1985 
through 1997. Indiana used actual activity levels, emissions factors 
based on the EPA Factor Information Retrieval System Version 6.1B, and 
control technology effectiveness to estimate emissions. All emissions 
are recorded in the AIRS facility data system.
    Although not required under the limited maintenance plan option 
(discussed in detail below), Indiana projected point source emissions 
from the base year of 1996 out to the year 2007 by applying the 
Emissions Growth Analysis System (EGAS) to the 1996 point source 
inventory.
    The State has adequately demonstrated that the improvement in air 
quality is due to permanent and enforceable emission reductions of CO 
as a result of the federally enforceable FMVCP and local transportation 
control measures in Marion County and federally enforceable FMVCP, 
vehicle inspection and maintenance and stationary control measures in 
Lake County.

E. Fully Approved Maintenance Plan Under Section 175A

    Section 175A of the Act sets forth the elements of a maintenance 
plan for areas seeking redesignation from nonattainment to attainment. 
The plan must demonstrate continued attainment of the applicable NAAQS 
for at least 10 years after the EPA approves a redesignation to 
attainment. Eight years after the redesignation, the State must submit 
a revised maintenance plan which demonstrates attainment for the 10 
years following the initial 10-year period. To address potential future 
NAAQS violations, the maintenance plan must contain contingency 
measures, with a schedule for implementation adequate to assure prompt 
correction of any air quality problems.
    Under section 175A(d) contingency provisions must include a 
requirement that the State will implement all control measures that 
were in the SIP prior to redesignation as an attainment area.
    In this action, EPA is approving the State of Indiana's maintenance 
plan for the Lake County and Marion County areas because EPA finds that 
Indiana's submittal meets the requirements of section 175A. The details 
of the maintenance plan requirements and how Indiana's submittal meets 
these requirements are detailed below.
i. What is the limited maintenance plan option?
    The EPA issued guidance on October 6, 1995, titled ``Limited 
Maintenance Plan Option for Nonclassifiable CO Nonattainment Areas.'' 
This option is only available to CO nonattainment areas with design 
values at or below 7.65 ppm (85 percent of exceedance levels of the CO 
ambient air quality standard). The limited maintenance plan option 
allows areas that are well below the national ambient air quality 
standard (design value at or below 7.65 ppm) to submit a less rigorous 
maintenance plan than was formerly required. The limited maintenance 
plan must meet certain core requirements. These requirements are:
    a. The State must submit an attainment emissions inventory based on 
actual ``typical winter day'' emissions of CO in the monitored 
attainment years.
    b. The maintenance demonstration does not need to project emissions 
over the maintenance period. The design value criteria are expected to 
provide adequate assurance of maintenance over the initial 10-year 
period.
    c. The State must continue operating an approved air quality 
monitoring network.
    d. The State must have a contingency plan and specific indicators 
or triggers for implementation of the contingency plan.
    e. The conformity determination under a limited maintenance plan 
can consider the emissions budget as essentially not constraining for 
the length of the initial maintenance plan.
ii. How has the State met the limited maintenance plan requirements?
    a. Emissions Inventory. The State has adequately developed an 
attainment emission inventory for 1996 for both Lake County and Marion 
County.

         Table 1. CO Maintenance Emission Inventory Summary 1996
             [tons per typical winter day] for Marion County
------------------------------------------------------------------------
                          Category                             1996 tpd
------------------------------------------------------------------------
Mobile sources.............................................          911
Area sources...............................................          140
Foundry....................................................          104
Other point sources........................................            4
  Total....................................................         1159
------------------------------------------------------------------------


         Table 2. CO Maintenance Emission Inventory Summary 1996
              [tons per typical winter day] for Lake County
------------------------------------------------------------------------
                          Category                             1996 tpd
------------------------------------------------------------------------
Mobile sources.............................................          302
Area sources...............................................           46
Steel plants...............................................          384
Other point sources........................................           19
  Total....................................................          751
------------------------------------------------------------------------

    The State has adequately demonstrated continued attainment of the 
CO NAAQS. The design values for the areas are well below the NAAQS for 
CO. The State has demonstrated permanent and enforceable reductions 
from the 1980 time frame when the areas were violating the CO NAAQS.
    b. Projection of Emissions Over the Maintenance Period. Although 
not required for a limited maintenance plan approval, the State 
projected emissions out to the 2007 time period. The State 
documentation projects a small increase in emissions for Marion County. 
However, the projected levels for Marion County will be considerably 
under the CO levels prior to 1987, when the last exceedance occurred.
    c. Verification of Continued Attainment. In the submittal the State 
commits to continue to operate and maintain the network of ambient CO 
monitoring stations in accordance with provisions of 40 CFR part 58 to 
demonstrate ongoing compliance with the CO NAAQS.
    The submittal presents the tracking plan for the maintenance period 
which consists of continued CO monitoring. The State will continue to 
monitor CO levels throughout the Lake County and Marion County areas to 
demonstrate ongoing compliance with the CO NAAQS.
    d. Contingency Plan. The contingency plan contains two levels of 
triggers: Indiana will implement a Level I response if there is a 
monitored air quality violation of the CO NAAQS, as defined in 40 CFR 
50.8. The trigger date will be the date that the State certifies to EPA 
that the air quality data are quality assured, which will be no later 
than 30 days after monitoring an ambient air quality violation. In this 
case, Indiana will select measures that could be implemented in a short 
time so as to be in place as rapidly as possible.
    Indiana will implement a Level II response in the event that 
monitored ambient CO values exceed 90 percent of the level of any 
ambient air quality standard at any site in the affected area. A Level 
II response consists of undertaking a study to determine whether the 
noted trends are likely to

[[Page 2887]]

continue; and, if so, implementing the control measures necessary to 
reverse the trend.
    The level of CO emissions in the Lake County and Marion County 
areas will largely determine the ability to stay in compliance with the 
CO NAAQS in the future. As required by section 175A of the Act, Indiana 
has provided contingency measures with a schedule for implementation if 
a future CO air quality problem occurs. Contingency measures in the 
plan include one or more transportation control measures such as trip 
reduction programs, transit improvements and traffic flow improvements. 
In addition, Indiana will examine the point source inventory for 
sources with increased emissions and new sources. Indiana will 
implement contingency measures with full public participation. For a 
Level I response, Indiana commits to implementation within 12 months 
after it becomes aware that a violation occurred.
    e. Conformity Determinations. Conformity determinations will be 
made using a ``hot-spot'' analysis to assure that any new 
transportation projects in the current CO areas do not cause or 
contribute to CO nonattainment. Mobile source emissions budgets have 
not been delineated for Lake or Marion Counties. The limited 
maintenance plan option allows the State to consider the emissions 
budget as essentially not constraining for the length of the initial 
maintenance plan.
iii. Commitment to Submit Subsequent Maintenance Plan Revisions
    The State has committed to submit a new maintenance plan within 
eight years of the redesignation of the Lake County and Marion County 
areas, as required by section 175(A)(b). This subsequent maintenance 
plan must constitute a SIP revision and provide for the maintenance of 
the CO NAAQS for a period of 10 years after the expiration of the 
initial 10 year maintenance period.

V. Rulemaking Action

    EPA is approving, the Lake County and Marion County redesignation 
request for CO because the State has complied with the requirements of 
section 107(d)(3)(E) of the Act. In addition, EPA is approving the Lake 
County and Marion County CO maintenance plans as a SIP revision meeting 
the requirements of section 175A.
    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, EPA is proposing to approve the SIP revision should 
adverse written comments be filed. This action will be effective March 
20, 2000 without further notice unless EPA receives relevant adverse 
written comment by February 18, 2000. Should the Agency receive such 
comments, it will publish a withdrawal informing the public that this 
action will not take effect. 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 
March 20, 2000.

VI. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order 12866, entitled ``Regulatory 
Planning and Review.''

B. Executive Order 12875

    Under Executive Order 12875, EPA may not issue a regulation that is 
not required by statute and that creates a mandate upon a state, local, 
or tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments. If the mandate is unfunded, EPA must provide to the Office 
of Management and Budget a description of the extent of EPA's prior 
consultation with representatives of affected state, local, and tribal 
governments, the nature of their concerns, copies of written 
communications from the governments, and a statement supporting the 
need to issue the regulation.
    In addition, Executive Order 12875 requires EPA to develop an 
effective process permitting elected officials and other 
representatives of state, local, and tribal governments ``to provide 
meaningful and timely input in the development of regulatory proposals 
containing significant unfunded mandates.'' Today's rule does not 
create a mandate on state, local or tribal governments. The rule does 
not impose any enforceable duties on these entities. Accordingly, the 
requirements of section 1(a) of Executive Order 12875 do not apply to 
this rule.
    On August 4, 1999, President Clinton issued a new executive order 
on federalism, Executive Order 13132, (64 FR 43255 (August 10, 1999),) 
which will take effect on November 2, 1999. In the interim, the current 
Executive Order 12612, (52 FR 41685 (October 30, 1987),) on federalism 
still applies. This rule will not have a substantial direct effect on 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 12612. 
The rule affects only one State, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act.

C. Executive Order 13045 

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is 
determined to be ``economically significant'' as defined under 
Executive Order 12866, and (2) concerns an environmental health or 
safety risk that EPA has reason to believe may have a disproportionate 
effect on children. If the regulatory action meets both criteria, the 
Agency must evaluate the environmental health or safety effects of the 
planned rule on children, and explain why the planned regulation is 
preferable to other potentially effective and reasonably feasible 
alternatives considered by the Agency.
    This rule is not subject to Executive Order 13045 because it does 
not involve decisions intended to mitigate environmental health or 
safety risks.

D. Executive Order 13084

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly affects or uniquely affects 
the communities of Indian tribal governments, and that imposes 
substantial direct compliance costs on those communities, unless the 
Federal government provides the funds necessary to pay the direct 
compliance costs incurred by the tribal governments. If the mandate is 
unfunded, EPA must provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation.
    In addition, Executive Order 13084 requires EPA to develop an 
effective process permitting elected and other representatives of 
Indian tribal governments ``to provide meaningful and timely input in 
the development of regulatory policies on matters that significantly or 
uniquely affect their communities.'' Today's rule does not 
significantly or uniquely affect the communities of Indian tribal

[[Page 2888]]

governments. Accordingly, the requirements of section 3(b) of Executive 
Order 13084 do not apply to this rule.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions.
    This final rule will not have a significant impact on a substantial 
number of small entities because SIP approvals under section 110 and 
subchapter I, part D of the Clean Air Act do not create any new 
requirements but simply approve requirements that the State is already 
imposing. Therefore, because the Federal SIP approval does not create 
any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities.
    Moreover, due to the nature of the Federal-State relationship under 
the Clean Air Act, preparation of flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
Clean Air Act forbids EPA to base its actions concerning SIPs on such 
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 
42 U.S.C. 7410(a)(2).

F. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
annual costs to State, local, or tribal governments in the aggregate; 
or to private sector, of $100 million or more. Under section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated annual costs of 
$100 million or more to either State, local, or tribal governments in 
the aggregate, or to the private sector. 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 to the private sector, result from this action.

G. Submission to Congress and the Comptroller General

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

H. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act 
(NTTAA) of 1995 requires Federal agencies to evaluate existing 
technical standards when developing a new regulation. To comply with 
NTTAA, EPA must consider and use ``voluntary consensus standards'' 
(VCS) if available and applicable when developing programs and policies 
unless doing so would be inconsistent with applicable law or otherwise 
impractical.
    The EPA believes that VCS are inapplicable to this action. Today's 
action does not require the public to perform activities conducive to 
the use of VCS.

I. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by March 20, 2000. 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

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Intergovernmental relations, Reporting and recordkeeping requirements.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Authority for parts 52 and 81: 42 U.S.C. 7401 et seq.

    Dated: January 3, 2000.
Francis X. Lyons,
Regional Administrator, Region 5.

    For the reasons stated in the preamble, part 52, chapter I, title 
40 of the Code of Federal Regulations and part 81, chapter I, 
subchapter C are amended as follows:

PART 52--[AMENDED] I111. The authority citation for part 52 
continues to read as follows:

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

Subpart P--Indiana I112. Section 52.785 is amended by adding 
paragraph (b) to read as follows:


Sec. 52.785  Control strategy: Carbon monoxide.

* * * * *
    (b) On December 21, 1999, the Indiana Department of Environmental 
Management submitted carbon monoxide maintenance plans for those 
portions of Lake and Marion Counties which they requested the 
Environmental Protection Agency redesignate to attainment of the carbon 
monoxide national ambient air quality standard.
* * * * *

PART 81--[AMENDED]

    1. The authority citation for part 81 continues to read as follows:

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

Subpart C--Section 107 Attainment Status Designations I112. The 
table in Sec. 81.315 entitled ``Indiana Carbon Monoxide'' is 
amended by revising the entry for the ``East Chicago Area'' and the 
``Indianapolis Area'' to read as follows:


Sec. 81.315  Indiana

[[Page 2889]]



                                             Indiana-Carbon Monoxide
----------------------------------------------------------------------------------------------------------------
                                                Designation                           Classification
        Designated Areas         -------------------------------------------------------------------------------
                                        Date\1\              Type               Date\1\              Type
----------------------------------------------------------------------------------------------------------------
 East Chicago Area:
    Lake County (part)..........  February 18, 2000.  Attainment........
        Part of City of East
         Chicago (area bounded
         by Columbus Drive on
         the north, the Indiana
         Harbor Canal on the
         west, 148th St. if
         extended, on the south,
         and Euclid Ave, on the
         east..
Indianapolis Area:
    Marion County (part)........  February 18, 2000.  Attainment........
        Part of City of
         Indianapolis (area
         bounded by 11th St, on
         the north, Capital on
         the west, Georgia St.
         on the south, and
         Delaware on the east)..
Lake County (part):
    The remainder of East         ..................  Unclassifiable/
     Chicago and Lake County.                          Attainment.
Marion County (part)
    The remainder of              ..................  Unclassifiable/
     Indianapolis and Marion                           Attainment.
     County.
 
                  *              *              *              *              *              *
----------------------------------------------------------------------------------------------------------------
\1\ This date is November 15, 1990, unless otherwise noted.

[FR Doc. 00-726 Filed 1-18-00; 8:45 am]
BILLING CODE 6560-50-P