Federal Highway Funding Assistance Limitations and Emissions Offset Requirements; Indiana

[IN33-2-6306; FRL-4887-7]

Federal Highway Funding Assistance Limitations and Emissions

Offset Requirements; Indiana

AGENCY: United States Environmental Protection Agency.

ACTION: Proposed rule; withdrawal; cancellation of the public hearings.

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SUMMARY: On January 24, 1994, the United States Environmental

Protection Agency (USEPA) published a proposed rule proposing to impose

sanctions on Indiana under the discretionary authority granted USEPA

under the Clean Air Act as amended in 1990 (Act) for failure by the

State to meet its commitment to adopt and submit an enhanced motor

vehicle inspection and maintenance (I/M) State Implementation Plan

(SIP) revision as required by the Act for the Lake and Porter County

ozone nonattainment areas. The Indiana legislature passed the

legislation required to support such a SIP revision and on March 4,

1994, Indiana Governor Bayh signed the legislation. Because of this

favorable action, USEPA is withdrawing the January 24, 1994, proposed

rule initiating the process to impose discretionary sanctions. In

addition, USEPA is also canceling the previously announced public

hearings scheduled for February 16, 1994, in Valparaiso; for February

18, 1994, in New Albany; and for February 22, 1994, in Indianapolis

which were postponed on February 15, 1993, by USEPA because of

significant progress made by the Indiana Legislature toward adoption of

necessary legislation up to that date.

DATES: The public hearings scheduled for February 16, 18, and 22, 1994,

which were postponed on February 15, 1994, are canceled.

FOR FURTHER INFORMATION CONTACT: Francisco J. Acevedo, Environmental

Engineer, Regulation Development Section, Regulation Development Branch

(AR-18J), United States Environmental Protection Agency, Region 5, 77

West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6061.

SUPPLEMENTARY INFORMATION: On January 24, 1994 (59 FR 3544), USEPA

published a proposed rule proposing to impose sanctions on the State of

Indiana under the discretionary authority granted USEPA under section

110(m) of the Act for failure by the State to meet its commitment to

adopt and submit an I/M SIP revision as required by the amended Act for

the Lake and Porter County ozone nonattainment area. USEPA had notified

Indiana by letter dated December 30, 1993 of its finding that Indiana

had failed to submit the required I/M SIP revision.

The Indiana legislature subsequently passed Senate Bill 285 to

support such a SIP revision, and on March 4, 1994, Indiana Governor

Bayh signed the Bill. Because of this favorable action, USEPA is

withdrawing the January 24, 1994, proposed rule initiating the process

to impose discretionary sanctions. The USEPA is also canceling the

previously announced hearings scheduled for February 16, 1994, in

Valparaiso; for February 18, 1994, in New Albany; and for February 22,

1994, in Indianapolis. This withdrawal terminates the discretionary

sanctions process initiated by the January 24, 1994, proposed rule. The

mandatory sanctions process under section 179 of the Act initiated by

USEPA's December 30, 1993, finding that Indiana failed to submit the

required SIP revision is not affected by this action. Under that

process, USEPA must impose sanctions within a certain time frame unless

Indiana adopts and formally submits a complete I/M SIP revision.

Because of the recent March 8, 1994 United States Court of Appeals

order concerning the issue of I/M committal SIPs, (NRDC v. EPA, D.C.

Cir. No. 92-1596) if Indiana does not submit a complete SIP by the July

15, 1994 deadline established by the court, the State of Indiana will

be subject to sanctions pursuant to 42 U.S.C. 7509.

Dated: May 10, 1994.

Valdas V. Adamkus,

Regional Administrator.

[FR Doc. 93-12770 Filed 5-24-93; 8:45 am]

BILLING CODE 6560-50-F