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

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Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: January 19, 2000 (Volume 65, Number 12)]
[Rules and Regulations]
[Page 2883-2889]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ja00-15]

[[Page 2883]]

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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

[[Page 2884]]

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

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

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