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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[IN15-2-6326A; FRL-5008-5]

Approval and Promulgation of Implementation Plans and Designation

of Areas for Air Quality Planning Purposes; State of Indiana

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The United States Environmental Protection Agency (USEPA) is

approving three requests to redesignate marginal ozone nonattainment

areas in the State of Indiana to attainment. The USEPA is also

approving their accompanying maintenance plans as State Implementation

Plan (SIP) revisions. The redesignation requests and maintenance plans

were submitted by the Indiana Department of Environmental Management

(IDEM) for the following ozone nonattainment areas: St. Joseph and

Elkhart, Vanderburgh, and Marion Counties. The State has met the

requirements for redesignation contained in the Clean Air Act (the

Act), as amended in 1990. The redesignation requests are based on

ambient monitoring data that show no violations of the ozone National

Ambient Air Quality Standard (NAAQS) during the three-year period from

1990 through 1992. In the proposed rules section of this Federal

Register, USEPA is proposing approval of and soliciting public comment

on these requested redesignations and SIP revisions. If adverse

comments are received on this direct final rule, USEPA will withdraw

this final rule and address these comments in a final rule on the

related proposed rule which is being published in the proposed rules

section of this Federal Register. Adverse comments received concerning

a specific geographic area, St. Joseph and Elkhart, Vanderburgh, or

Marion Counties, will only affect this final rule as it pertains to

that area and only the portion of this final rule concerning the area

receiving adverse comments will be withdrawn.

EFFECTIVE DATES: This action will be effective September 6, 1994,

unless notice is received by August 8, 1994, that someone wishes to

submit adverse comments. If the effective date is delayed, timely

notice will be published in the Federal Register.

ADDRESSES: Copies of the SIP revision and USEPA's analyses are

available for inspection at the following address: (It is recommended

that you telephone Edward Doty at (312) 886-6057 before visiting the

Region 5 Office.)

United States Environmental Protection Agency, Region 5, Air and

Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604.

A copy of these SIP revisions is available for inspection at the

following location: Office of Air and Radiation (OAR) Docket and

Information Center (Air Docket 6102), Room M1500, United States

Environmental Protection Agency, 401 M Street SW., Washington, DC

20460, (202) 260-7548.

Written comments can be mailed to: J. Elmer Bortzer, Chief,

Regulation Development Section (AR-18J), Regulation Development Branch,

Air and Radiation Division, United States Environmental Protection

Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Edward Doty, Regulation Development

Section (AR-18J), Regulation Development Branch, Air and Radiation

Division, United States Environmental Protection Agency, Region 5, 77

West Jackson Boulevard, Chicago, Illinois 60604, Telephone Number (312)

886-6069.

SUPPLEMENTARY INFORMATION: The redesignation requests and maintenance

plans considered in this rulemaking were submitted by the Indiana

Department of Environmental Management (IDEM) for the following ozone

nonattainment areas: South Bend/Elkhart (St. Joseph and Elkhart

Counties, submitted on September 22, 1993); Evansville (Vanderburgh

County, submitted on November 4, 1993); and Indianapolis (Marion

County, submitted on November 12, 1993).

I. USEPA Redesignation Policy

The Act's requirements for redesignation to attainment are

contained in section 107(d)(3)(E) of the Act, and discussed in a

September 4, 1992 memorandum from the Director of the Air Quality

Management Division, Office of Air Quality Planning and Standards, to

Directors of Regional Air Divisions. As outlined in this memorandum,

section 107(d)(3)(E) of the Act requires that the following conditions

be met for redesignation to attainment:

1. The USEPA must determine that the areas subject to the

redesignation request have attained the National Ambient Air Quality

Standard (NAAQS);

2. The USEPA must have fully approved the applicable SIP for the

areas under section 110(k) of the Act;

3. The USEPA must determine that the improvements in air quality

are due to permanent and enforceable reductions in emissions resulting

from the implementation of the applicable SIP, Federal air pollution

control regulations, and other federally enforceable emission

reductions;

4. The USEPA must have fully approved maintenance plans for the

areas as meeting the requirements of section 175A of the Act; and

5. The State must have met all requirements applicable to the areas

under section 110 and Part D of the Act.

To demonstrate that the areas have attained the ozone NAAQS, the

State must show that the ozone data representative of the highest ozone

concentrations in the areas do not indicate violations of the NAAQS at

any monitoring site in the areas during the most recent three years of

monitoring at the sites. In accordance with 40 CFR 50.9, the annual

average number of expected exceedances of the ozone standard (0.12

parts per million [ppm], one-hour averaged) at any monitor can not

exceed 1.0 during the preceding three year period. The data used in

this demonstration must be quality assured, in accordance with 40 CFR

part 58, and collected in accordance with 40 CFR part 50, appendix H.

The data should be recorded in USEPA's Aerometric Information Retrieval

System (AIRS).

The SIP for the areas must be fully approved under section 110(k)

of the Act and must satisfy all requirements that apply to the areas.

These requirements include new requirements added by the 1990 Act

amendments. The State must meet all requirements of section 110 and

Part D of the Act that were applicable prior to the submittal of the

complete, finally adopted redesignation request(s). (It should be noted

that, based on section 175A of the Act, other requirements of Part D of

the Act remain in effect until the USEPA approves the maintenance plan

and redesignation to attainment. If the USEPA disapproves the request

to redesignate an area, these requirements remain in effect with no

delay.) A SIP which meets the pre-redesignation request submittal

requirements must be fully approved by the USEPA prior to USEPA's

approval of the redesignation of the areas to attainment of the NAAQS.

The requirements of Title I of the Act, which includes section 110 and

Part D of the Act, are discussed in the General Preamble to Title I (57

FR 13498, April 16, 1992).

The State must be able to reasonably attribute the improvements in

air quality to permanent and enforceable emission reductions.

Attainment resulting from temporary emission reductions or from

favorable (not conducive to high ozone concentrations) meteorology

would not qualify as a permanent air quality improvement. The State

should demonstrate that the emission reductions from a past high ozone

period (generally the year or period for which the area ozone

classification design values were determined), to the period of

attainment were due to permanent and enforceable emission control

measures and were sufficient to explain the attainment of the ozone

NAAQS.

Prior to the redesignation of an area to attainment, the USEPA must

fully approve a maintenance plan (as a SIP revision) which meets the

requirements of section 175A of the Act. The maintenance plan must

provide for maintenance of the NAAQS attainment in the area(s) for at

least 10 years after the USEPA approval of the redesignation request.

The maintenance plan must contain additional emission control measures

as necessary to assure maintenance of the NAAQS (generally this means

maintaining the ozone precursor emissions at or below the attainment

year levels). The Act also requires (section 175A(b)) a second SIP

revision 8 years after an area is redesignated to attainment to assure

maintenance of the NAAQS for an additional 10 years beyond the first 10

year maintenance period.

The maintenance plan must contain such contingency measures as the

USEPA deems necessary to ensure prompt correction of any violation of

the NAAQS occurring after an area is redesignated to attainment or

exceedance of other triggering levels, such as emissions exceeding

attainment levels (this could be caused by emission increases not

anticipated in the maintenance plan).

At a minimum, the maintenance plan should contain the following

elements:

1. Attainment Inventory

The State must develop an emissions inventory for the initial

period of attainment to identify the level of emissions in each area

which is associated with attainment of the NAAQS. This emissions

inventory must be consistent with USEPA's most recent guidance on

preparation and documentation of emission inventories. For ozone

nonattainment areas, the inventory should be based on actual, typical

summer weekday emissions of ozone precursors (Volatile Organic

Compounds [VOC], Oxides of Nitrogen [NOx], and Carbon Monoxide [CO]).

2. Maintenance Demonstration

A State may generally demonstrate maintenance of the NAAQS by

either showing that future emissions of the ozone precursors will not

exceed the levels of the emissions in the attainment inventory or by

modeling to demonstrate that the future mix of sources and emission

rates will not cause a violation of the NAAQS. The maintenance plan

should be based on the same type and level of modeling used to

demonstrate attainment of the NAAQS in the SIP. Regardless of which

approach is used, the State must project the emissions for the 10 year

period following the anticipated time of the USEPA approval of the

redesignation request (the State should assume that the USEPA will take

two years to complete the rulemaking on the redesignation request). The

projected emissions must reflect the expected actual emissions based on

enforceable emission rates and typical source activity rates (such as

production rates) adjusted for expected source growth. Projected

emission reductions must reflect the impacts of permanent, enforceable

emission control measures. The assumptions of emission reductions and

source growth and techniques used to project the emissions must be

clearly documented.

3. Monitoring Network

The maintenance plan must contain provisions for the continued

operation of air quality monitors of the applicable type (ozone

monitors in this case) in the areas to be redesignated to attainment.

This is needed to provide verification of the maintenance of the NAAQS

attainment, and is also needed to provide triggering data for the

possible activation of the contingency measures in the event of a

future violation or exceedance of the NAAQS (the State may choose to

activate some contingency measures even when the NAAQS is simply

exceeded but not yet violated to prevent future NAAQS violations).

4. Verification of Continued Attainment

The State must assure that it has the legal authority to implement

and enforce all measures necessary to attain and maintain the NAAQS. In

addition, the maintenance plan must indicate how the State will track

the progress and success of the maintenance plan. This includes

tracking air quality levels and emissions.

5. Contingency Plan

Section 175A of the Act requires that a maintenance plan include

contingency provisions, as necessary, to promptly correct any violation

of the NAAQS that occurs after the redesignation of an area to

attainment. For the purposes of section 175A, a State is not required

to fully adopt contingency measures that will take effect without

further action by the State. The contingency plan, however, is

considered to be an enforceable part of the SIP and must ensure that

the contingency measures will be adopted and implemented expeditiously

after they are triggered. The plan must clearly identify the measures

that will be adopted, a schedule and procedure for their adoption and

implementation, and a specific time limit for action by the State. The

plan must also identify the specific indicators or triggers that will

be used to determine when the contingency measures will be required.

II. Summary of the Indiana Redesignation Submittals

Summarized below are the contents of the three IDEM redesignation

requests and maintenance plans.

A. Current Designations and Area Definitions

On November 6, 1991 (56 FR 56694) the USEPA formally designated the

Evansville, (Vanderburgh County); Indianapolis, (Marion County); and

South Bend/Elkhart (Elkhart and St. Joseph Counties) areas as marginal

ozone nonattainment areas. These designations and classifications were

based on ozone standard violations monitored in these areas in 1988.

B. Monitored Attainment of the NAAQS

B.1. Evansville Area

During the most recent three years with quality assured monitoring

data as addressed in the Evansville area redesignation request (1990

through 1992), ozone was monitored at six sites in Indiana and at two

sites in Kentucky. No exceedance of the ozone standard was monitored

during this period, with the highest monitored ozone concentration

being 0.122 ppm, one-hour averaged, at the Mount Vernon monitoring site

in 1990.

The worst-case historical sites (AIRS site 19-173-0002 in Warrick

County and the Old State Road site in Vanderburgh County) recorded a

number of ozone standard exceedances in 1988 and 1989. The Warrick

County site recorded three exceedances in 1988, 0.133 ppm, 0.132 ppm,

and 0.128 ppm. The Old State Road site recorded two exceedances in

1988, 0.146 ppm and 0.127 ppm, and one exceedance, 0.146 ppm, in 1989.

The exceedances recorded in Warrick County are believed by the State to

be due to the impact of emissions from Vanderburgh County, which is an

adjoining county just west of Warrick County. The 1990 through 1992

data for these sites show no exceedances of the ozone standard (0.12

ppm one-hour averaged), with the peak ozone concentration at the

Warrick County site being 0.118 ppm and that at the Old State Road site

being 0.115 ppm.

These data show that attainment of the ozone NAAQS has been

monitored in the Evansville area based on the most recent air quality

data available at the time of the redesignation request submittal. To

further support this case, the 1993 data showed no exceedances of the

ozone standard.

B.2. Indianapolis Area

During the most recent three years with quality assured monitoring

data prior to the redesignation submittal (1990 through 1992), ozone

was monitored at seven sites in the Indianapolis area. Only one

exceedance, 0.125 ppm, was recorded (recorded at the Trailer Court Road

site in Indianapolis in 1990) in this area during this period.

The worst-case historical sites (1321 South Harding in Indianapolis

and Noblesville in Hamilton County) recorded a number of exceedances of

the ozone standard during the 1987 through 1989 period. The Noblesville

monitor recorded three exceedances, 0.130 ppm, 0.130 ppm, and 0.127

ppm, during this period. The 1321 South Harding monitor also recorded

three exceedances, 0.147 ppm, 0.142 ppm, and 0.137 ppm, during this

period. The 1990 through 1992 data for these sites show no exceedances

of the ozone standard (0.12 ppm one-hour averaged), with the peak

concentration at the Noblesville site being 0.117 ppm and that at the

1321 South Harding site being 0.104 ppm.

These data show that attainment of the ozone NAAQS has been

monitored in the Indianapolis area. To further support this case, the

1993 data showed no exceedances of the ozone standard at any of the

monitoring sites in the Indianapolis area.

B.3. South Bend/Elkhart Area

During the 1990 through 1992 period, ozone was monitored at five

sites in the South Bend/Elkhart area. No exceedance of the ozone

standard was monitored during this period, with the maximum monitored

concentration being 0.124 ppm, monitored at the Ross Beatty High School

in Cass County, Michigan in 1991.

The worst-case historical site, Childrens Hospital in South Bend,

recorded three ozone standard exceedances, 0.137 ppm, 0.135 ppm, and

0.130 ppm, in 1988. The 1990 through 1992 data for this site show no

exceedances of the ozone standard (0.12 ppm one-hour averaged), with

the peak monitored ozone concentration being 0.107 ppm.

These data show that attainment of the ozone NAAQS has been

monitored in the South Bend/Elkhart area. To further support this case,

the 1993 data showed no exceedances of the ozone standard at any of the

monitoring sites in the area.

C. Meeting Applicable Requirements of Section 110 and Part D

As noted in 40 CFR 52.773, the USEPA has approved Indiana's ozone

SIP as meeting the requirements of section 110(a)(2) and Part D of the

Act, as amended in 1977, for Elkhart, Marion, and St. Joseph Counties.

(Since Vanderburgh County was designated as attainment for ozone prior

to the 1990 amendment of the Act and prior to the submittal deadlines

covered under other requirements of the pre-1990 Act, Vanderburgh

County was subject only to Prevention of Significant Deterioration

(PSD) regulations, which the USEPA has promulgated for Indiana and has

delegated to the State of Indiana for implementation. Vanderburgh

County, however, is subject to the amended requirements of Part D as

addressed below.) The 1990 Act amendments, however, modified section

110(a)(2) and, under Part D, revised sections 172 and 182 adding new

requirements for all nonattainment areas. Therefore, for purposes of

redesignation, to satisfy the requirement that the SIP meet all

applicable requirements under the Act, USEPA has reviewed the SIP to

ensure that it contains all measures and information that were due

under the Act, as amended in 1990, prior to or at the same time Indiana

submitted its redesignation requests as considered here. The USEPA

interprets section 107(d)(3)(E)(V) of the Act to mean that, for a

redesignation request to be approved, the State must have met all

requirements that applied to the subject areas prior to or at the same

time of the submission of the complete redesignation requests.

Requirements of the Act that come due subsequently continue to be

applicable to the areas at later dates (see section 175A(c)) and, if

the redesignation of any of the areas is disapproved, the State remains

obligated to fulfill those requirements.

C.1. Section 110 Requirements

Although section 110 was amended in 1990, the Indiana SIP for the

areas addressed in this rulemaking meets the requirements of amended

section 110(a)(2). A number of the requirements in section 110(a)(2)

did not change in substance and, therefore, USEPA believes that the

pre-amendment SIP meets these requirements. As to those requirements

that were amended (57 FR 27936 and 23939, June 23, 1993), many

duplicate other requirements of the Act, which are addressed below.

C.2. Part D Requirements

Before the subject Indiana areas may be redesignated to attainment,

the areas must meet the applicable requirements of Part D. Under Part

D, an area's classification indicates the requirements to which it will

be subject. Subpart 1 of Part D sets forth the basic requirements

applicable to all nonattainment areas. Subpart 2 of Part D establishes

additional requirements for nonattainment areas classified under table

1 of section 181(a). As described in the General Preamble for the

Implementation of Title I, specific requirements of Subpart 2 may

override Subpart 1's general provisions (57 FR 13501, (April 16,

1922)). Elkhart, Marion, St. Joseph, and Vanderburgh Counties were

classified as marginal ozone nonattainment areas (56 FR 56694,

(November 6, 1991)). Therefore, in order to be redesignated to

attainment, the State, for these Counties, must meet the applicable

requirements of subpart 1 of Part D, as well as the applicable

requirements of Subpart 2 of Part D.

C.2.a. Subpart 1 of Part D--Section 172(c) Provisions

Section 172(c) sets forth general requirements applicable to all

nonattainment areas. Under section 172(b), the section 172(c)

requirements are applicable on a schedule as determined by the

Administrator, but no later than three years after an area has been

designated as nonattainment under the amended Act. The USEPA has not

determined that these requirements were applicable to ozone

nonattainment areas on or before November 12, 1993--the date by which

the State of Indiana submitted the complete redesignation requests

considered here. Therefore, the State of Indiana was not required to

meet these requirements for redesignation purposes. In addition, as

discussed below, Indiana has either satisfied the section 172(c)

requirements or, as is the case for several of them, they lose their

continued force once an area has demonstrated attainment and

maintenance of the ozone NAAQS.

The requirements of section 172(c) are discussed below along with

their relevancy to the redesignation requests at hand:

(1) Section 172(c)(1) requires SIPs to provide for all Reasonably

Available Control Measures (RACM) as expeditiously as practicable and

to provide for attainment of the NAAQS. As discussed elsewhere in this

rulemaking, Indiana has completed the adoption of stationary source

Reasonably Available Control Technology (RACT) require for the

Indianapolis and South Bend/Elkhart ozone nonattainment areas. The

USEPA has approved these RACT regulations in prior rulemaking.

In addition, the USEPA notes that, with respect to all three of the

areas that are the subject of this notice, no additional RACM controls

beyond what may already be required in the SIP are necessary upon

redesignation to attainment. 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 RACM as

expeditiously as practicable. The USEPA 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 components of the

areas' attainment demonstrations. Because attainment has been reached

in all three areas, no additional measures are needed to provide for

attainment.

(2) Section 172(c)(2) requires the SIP to provide for Reasonable

Further Progress (RFP) towards attainment of the NAAQS. This

requirement only has relevance during the time it takes an area to

attain the NAAQS. Because the areas covered by this rulemaking have

already attained the NAAQS, the SIP has already achieved the necessary

RFPs toward that goal for the three areas.

(3) Section 172(c)(3) requires the SIP to contain a comprehensive,

accurate, current inventory of actual emissions from all source of the

relevant pollutants. As noted elsewhere in this rulemaking, the State

of Indiana has developed and submitted such an emissions inventory for

the areas covered here. As also noted elsewhere in this rulemaking, the

USEPA has approved this emissions inventory.

(4) Section 172(c)(4) requires the SIP to identify and quantify the

emissions which will be allowed to result from the construction of

major new or modified stationary sources in each of the areas. This

requirement has been addressed in Indiana's revised New Source Review

(NSR) regulations, which have been submitted to the USEPA (see a

discussion of this submittal below). The approval of Indiana's NSR

regulations would also satisfy section 172(c)(5) NSR provisions.

Although the USEPA has not completed approval of Indiana's NSR

regulations, it should be noted that once an area is redesignated to

attainment, nonattainment NSR requirements are not generally

applicable. The redesignated area(s) then becomes subject to Prevention

of Significant Deterioration (PSD) requirements instead of the NSR

requirements. The USEPA has promulgated acceptable PSD regulations for

Indiana and has delegated the implementation of these regulations to

the State.

(5) Section 172(c)(7) requires the SIP to meet the applicable

provisions of section 110(a)(2). As noted above, the USEPA believes the

Indiana SIP meets the requirements of section 110(a)(2).

(6) Section 172(c)(9) requires the SIP to contain contingency

measures to be undertaken if an area fails to make RFP or fails to

attain the NAAQS. Since the areas covered by this rulemaking have

attained the NAAQS, the section 172(c)(9) contingency measure

requirements are not applicable unless the redesignation requests and

maintenance plans are not fully approved. It should be noted that

section 175A contingency measures apply to areas that are redesignated

to attainment.

C.2.b. Other Part D Requirements

See the discussion below concerning the implementation of the new

requirements of Part D of the 1990 amended Act.

D. Improvement of Air Quality Due to Permanent and Enforceable Emission

Reductions

Indiana has developed and submitted 1990 base year ozone precursor

emission inventories for all of the State's ozone nonattainment areas.

Indiana used the 1990 base year emissions data available at the time

the redesignation requests were prepared to backcast (the use of source

category annual growth factors, emission control impacts, and other

source-specific data to estimate past year emissions) to 1988 emission

levels. The 1988 backcasted emissions were compared to the 1990

emissions to show that emission reductions could explain the observed

improvement in ozone concentrations between 1988 and the 1990-1992

period.

D.1. Evansville Area

A listing of major source VOC emissions for 1988 and 1990 shows

that stationary source VOC emissions in Vanderburgh County declined by

339 tons per year (approximately 1.1 tons per day) between 1988 and

1990. Permanent VOC emission reductions due to source closures and

implementation of emission controls totalled 570 tons per year in the

same period (some of this emission reduction was offset by source

growth). Indiana asserts that these point source emission reductions

are permanent and enforceable. Indiana will not renew the source

permits of closed sources, will require these sources to undergo review

under PSD or NSR requirements if they seek to restart, and will

prohibit these facilities from banking the pre-closure emissions

against future source growth. Documentation is also given in the

redesignation submittal showing that NOX emissions declined by

approximately 17.5 tons per day at stationary point sources between

1988 and 1990, due primarily to source closures.

In addition to emission reductions from the major stationary source

closures and emission controls, Vanderburgh County has also experienced

VOC emission reductions as the result of the implementation of the

Federal Motor Vehicle Emission Control Program (FMVCP) and the

implementation of gasoline Reid Vapor Pressure (RVP) reduction

requirements.

D.2. Indianapolis Area

Revised VOC point source emissions for 1988 and 1990 were included

in the redesignation submittal. VOC emission reductions due to

permanent source closures (see discussion above for the Evansville area

regarding Indiana's approach to dealing with source closures) and

application of emission controls have reduced point source VOC

emissions by 2,239.22 tons per year between 1988 and 1990.

In addition to emission reductions from the major stationary source

closures and emission controls, Marion County has also experienced VOC

emission reductions as the result of the implementation of the Federal

Motor Vehicle Emission Control Program (FMVCP) and the implementation

of gasoline RVP reduction requirements.

D.3. South Bend/Elkhart Area

IDEM has provided emissions data for individual stationary point

source facilities in St. Joseph and Elkhart Counties showing that a

permanent, enforceable VOC emission reduction of 857 tons per year (2.7

tons per day assuming 312 days per year of source operation) occurred

between 1988 and 1990.

In addition to emission reductions from the major stationary source

closures and emission controls, Elkhart and St. Joseph Counties have

also experienced VOC emission reductions as the result of the

implementation of the Federal Motor Vehicle Emission Control Program

(FMVCP) and the implementation of gasoline RVP reduction requirements.

E. Maintenance Plans

The redesignation requests for all three areas contain common

maintenance plan elements. First, the State commits to continue

monitoring of ozone during the 10-year maintenance period following the

redesignation of the areas. Any changes in the monitoring systems will

be subject to USEPA approval. Second, the State commits to revise the

maintenance plans 8 years after the areas are redesignated to cover an

additional 10-year period beyond the initial 10-year maintenance

period. The State has selected 2006 as the year ending the initial 10-

year maintenance period. Third, to help verify maintenance of the

standard, the State commits to require major stationary sources to

annually submit information on their emissions in accordance with the

State's emission statement rule (326 IAC 2-6). Finally, the State has

selected a joint set of possible contingency emission control measures

and a common approach to triggering the need for contingency measures

in each area.

Indiana plans on a two-level approach for the triggering of

contingency measures. A Level I response would occur in the event that

the ozone NAAQS is violated. This response would entail conducting an

analysis to determine the level of the control measures needed to

assure expeditious future attainment of the ozone NAAQS. Measures that

could be implemented quickly would be selected so as to be in place

within 12 months after the State becomes aware of a NAAQS violation.

This will require the State to adopt the regulations prior to and in

time to achieve the 12-month implementation deadline.

A Level II response would be implemented in the event that:

a. The monitored ambient levels of ozone exceed 0.115 ppm more than

once in any year at any site in any one of the redesignated areas;

b. The level of VOC, CO, or NOX emissions increase above the

level of the 1990 emissions, corrected for any errors found prior to

the approval to the redesignation requests. (The State is in a

continual process of upgrading the emissions inventory as a result of

updated emission factors and ongoing quality assurance procedures.

Significant future changes in the base year emission inventories

resulting from this process must be addressed in SIP revisions); or

c. The level of total VOC emissions for any area determined for any

future year has increased above the level recorded in the prior year

sufficiently so that an increase of the same magnitude in the following

year would result in a level of emissions exceeding those recorded in

1990 by 5 percent or more.

A Level II response would consist of a study to determine whether

the noted trends are likely to continue, and, if so, to determine

control measures necessary to reverse the trends, taking into

consideration ease and timing of implementation as well as economic and

social considerations. Implementation of necessary controls in response

to a Level II trigger will take place as expeditiously as practicable

but no later than 18 months after the State is aware that a contingency

measure trigger level has been exceeded. This will require the State to

adopt the required emission reduction regulations prior to and in time

to achieve the 18 month implementation deadline.

The analysis technique used to select emission control measures

under Level I and Level II will be mutually agreed upon by the State

and the USEPA.

The maintenance plan contingency measures to be considered and

selected will be chosen from the following list or any other emission

control measures deemed appropriate based on a consideration of cost-

effectiveness, VOC reduction potential, economic and social

considerations, or other factors that the State deems to be

appropriate:

a. Lower Reid Vapor Pressure for gasoline;

b. Reformulated gasoline program;

c. Stage II gasoline vapor recovery;

d. Vehicle anti-tampering program;

e. Broader geographic coverage of existing regulations;

f. Application of RACT on sources covered by new control techniques

guidelines issued in response to the 1990 Act amendments;

g. Application of RACT to smaller existing sources;

h. Vehicle inspection/maintenance program;

i. Implementation of one or more transportation control measures

sufficient to achieve at least a 0.5 percent reduction in actual area

wide VOC emissions. The transportation control measures to be

considered would include: (1) Trip reduction programs, including but

not limited to employer-based transportation management programs, area

wide rideshare programs, work schedule changes, and telecommuting; (2)

transit improvements; (3) traffic flow improvements; and (4) other

measures;

j. Alternative fuel programs for fleet vehicle operations;

k. Controls on consumer products consistent with those adopted

elsewhere in the United States;

l. Enhanced vehicle inspection/maintenance program;

m. VOC offsets for new or modified major sources;

n. VOC offsets for new or modified minor sources;

o. Increased ratio of VOC offsets required for new sources; and

p. Require VOC controls on new minor sources.

The demonstration of maintenance differs for each area as discussed

below.

E.1. Evansville Area

Indiana has projected 2006 mobile source emissions using USEPA's

MOBILE 5.0 model and documented growth factors for Vehicle Miles

Travelled (VMT). Emissions for the year 2006 were determined for the

other source categories using documented growth factors, including

growth data supplied by the United States Department of Commerce,

Bureau of Economic Analysis (BEA), and accounting for known post-1990

source closures. Indiana also used guidance and techniques provided in

the USEPA guideline ``Procedures for Preparing Emission Projections''

(EPA-450/4-91-019). The year 2006 was assumed to be 10 years after the

anticipated time for USEPA's approval of the redesignation request.

Emission estimates have been updated to reflect Indiana's current

estimates of the 1990 base year ozone precursor emissions inventory.

Emissions estimates for the attainment base year (1990), 2006, and

several interim years are given below:

VOC Emissions (Tons Per Day)

------------------------------------------------------------------------

1990 1995 2000 2006

------------------------------------------------------------------------

Point sources....... 12.76 13.74 14.73 15.91

Area sources........ 12.46 12.82 13.18 13.61

On-road mobile

sources............ 25.25 20.77 16.29 10.91

Off-road mobile

sources............ 7.50 7.74 8.00 8.28

Biogenic sources.... 8.37 8.37 8.37 8.37

---------------------------------------------------

Total......... 66.34 63.44 60.57 57.08

------------------------------------------------------------------------

CO Emissions (Tons Per Day)

------------------------------------------------------------------------

1990 1995 2000 2006

------------------------------------------------------------------------

Point sources....... 1.20 1.28 1.36 1.46

Area sources........ 1.71 1.77 1.84 1.91

On-road mobile

sources............ 155.33 131.15 106.96 77.94

Off-road mobile

sources............ 41.00 42.93 44.86 47.18

Biogenic sources.... N.A. N.A. N.A. N.A.

---------------------------------------------------

Total......... 199.24 177.13 155.02 128.49

------------------------------------------------------------------------

NOX Emissions (Tons Per Day)

------------------------------------------------------------------------

1990 1995 2000 2006

------------------------------------------------------------------------

Point sources....... 2.78 2.98 3.18 3.42

Area sources........ 2.14 2.27 2.41 2.57

On-road mobile

sources............ 14.11 13.31 12.52 11.56

Off-road mobile

sources............ 7.70 7.86 8.02 8.21

Biogenic sources.... N.A. N.A. N.A. N.A.

---------------------------------------------------

Total......... 26.73 26.42 26.13 25.76

------------------------------------------------------------------------

It should be noted that the interim year emissions above were

determined by the USEPA based on discussions with IDEM. USEPA and IDEM

agreed that the interim year emission estimates should be based on

linear interpolation between the 1990 and 2006 emission estimates for

all three areas subject to this redesignation rulemaking. This is

consistent with the source growth estimation procedure used by the

State to estimate the 2006 emission levels, and the USEPA believes that

this method is appropriate and reasonable for estimating the interim

year emissions. The USEPA believes that this method provides reasonable

estimates of the emission levels in those years and does not

underestimate those emissions.

Based on the 1990 base year and 2006 projected emissions, VOC

emissions are projected to decrease by 14.0 percent, CO emissions are

projected to decrease by 35.5 percent, and NOx emissions are

projected to decrease by 3.7 percent over the 16 year period. Interim

year emissions are expected to remain below the attainment year

emission level. IDEM believes maintenance of the ozone standard has

been demonstrated because VOC emissions are projected to decrease

between 1990 and 2006.

E.2. Indianapolis Area

The City of Indianapolis, which was responsible for the 1990 base

year emission estimates for Marion County, used the same approach

followed by IDEM for Evansville to project 1990 base year emissions to

2006. The following emissions for 1990 and 2006 (expressed in tons per

summer weekday) are contained in a March 21, 1994 supplement to the

Indianapolis redesignation request (Indiana revised its attainment year

and projected emission estimates based on comments on the States 1990

base year emission inventories received during public hearings). The

interim year emissions were determined by the USEPA based on linear

interpolation between the 1990 and 2006 emission estimates.

VOC Emissions (Tons Per Day)

------------------------------------------------------------------------

1990 1995 2000 2006

------------------------------------------------------------------------

Point sources....... 29.2 29.9 30.6 31.5

Area sources........ 48.7 52.3 55.9 60.2

On-road mobile

sources............ 107.2 96.1 85.0 71.7

Off-road mobile

sources............ 19.2 20.6 22.0 23.6

Biogenic sources.... N.A. N.A. N.A. N.A.

---------------------------------------------------

Totals........ 204.3 198.9 193.5 187.0

------------------------------------------------------------------------

CO Emissions (Tons Per Day)

------------------------------------------------------------------------

1990 1995 2000 2006

------------------------------------------------------------------------

Point sources....... 124.4 127.9 131.3 135.5

Area sources........ 37.9 39.2 40.5 42.0

On-road mobile

sources............ 731.5 665.9 600.3 521.6

Off-road mobile

sources............ 147.7 158.1 168.5 181.0

Biogenic sources.... N.A. N.A. N.A. N.A.

---------------------------------------------------

Totals........ 1041.5 991.1 940.6 880.1

------------------------------------------------------------------------

NOX Emissions (Tons Per Day)

------------------------------------------------------------------------

1990 1995 2000 2006

------------------------------------------------------------------------

Point sources....... 53.6 49.7 45.8 41.1

Area sources........ 30.9 32.6 34.5 36.6

On-road mobile

sources............ 63.4 63.3 63.2 63.1

Off-road mobile

sources............ 28.6 29.0 29.4 29.8

Biogenic sources.... N.A. N.A. N.A. N.A.

---------------------------------------------------

Totals........ 176.5 174.6 172.9 170.6

------------------------------------------------------------------------

Based on the 1990 base year and 2006 projected emissions, VOC

emissions are projected to decrease by 8.5 percent, CO emissions are

projected to decrease by 15.5 percent, and NOx emissions are

projected to decrease by 3.3 percent over the 16 year period. IDEM and

the City of Indianapolis believe maintenance of the ozone standard has

been demonstrated because VOC emissions are projected to decrease

between 1990 and 2006.

E.3. South Bend/Elkhart Area

Indiana has projected the 2006 mobile source emissions using

USEPA's MOBILE 5.0 model and documented growth factors for VMT.

Emissions for 2006 were determined for the other source categories

using documented growth factors, including growth data supplied by the

Bureau of Economic Affairs (BEA), and known source closures occurring

after 1990. Indiana also used guidance and techniques provided in the

USEPA guideline ``Procedures for Preparing Emission Projections'' (EPA-

450/4-91-019). Emission estimates have been updated to reflect

Indiana's current estimates of the 1990 base year ozone precursor

emissions inventory.

The following 1990 and 2006 emissions for Elkhart and St. Joseph

Counties in tons per summer weekday are contained in a February 25,

1994, supplement to the Evansville and South Bend/Elkhart redesignation

requests (Indiana revised its attainment year and projected emission

estimates based on comments on the States 1990 base year emission

inventories received during public hearings). The interim year

emissions were linearly interpolated by the USEPA.

VOC Emissions (Tons Per Day)

------------------------------------------------------------------------

1990 1995 2000 2006

------------------------------------------------------------------------

Point sources....... 14.44 15.79 17.13 18.75

Area sources........ 41.83 43.64 45.45 47.62

On-road mobile

sources............ 39.83 33.85 27.86 20.68

Off-road mobile

sources............ 10.13 10.58 11.02 11.56

Biogenic sources.... 19.62 19.62 19.62 19.62

---------------------------------------------------

Totals........ 125.85 123.48 121.08 118.23

------------------------------------------------------------------------

CO Emissions (Tons Per Day)

------------------------------------------------------------------------

1990 1995 2000 2006

------------------------------------------------------------------------

Point sources....... 1.06 1.14 1.23 1.33

Area sources........ 5.47 5.64 5.80 6.00

On-road mobile

sources............ 249.95 216.29 182.63 142.24

Off-road mobile

sources............ 56.42 59.32 62.22 65.70

Biogenic sources.... N.A. N.A. N.A. N.A.

---------------------------------------------------

Totals........ 312.90 282.39 251.88 215.27

------------------------------------------------------------------------

NOX Emissions (Tons Per Day)

------------------------------------------------------------------------

1990 1995 2000 2006

------------------------------------------------------------------------

Point sources....... 10.81 11.61 12.42 13.38

Area sources........ 6.32 6.70 7.08 7.53

On-road mobile

sources............ 31.36 30.07 28.78 27.24

Off-road mobile

sources............ 17.82 17.70 17.58 17.44

Biogenic sources.... N.A. N.A. N.A. N.A.

---------------------------------------------------

Totals........ 66.31 66.08 65.86 65.59

------------------------------------------------------------------------

Based on the 1990 base year and 2006 projected emissions, VOC

emissions are projected to decrease by 6.1 percent, CO emissions are

projected to decrease by 31.2 percent, and NOX emissions are

projected to decrease by 1.1 percent over the 16 year period. These

emission decreases between 1990 and 2006 demonstrate maintenance of the

ozone standard.

F. Implementation of New Requirements of Section 110 and Part D of the

Act

Although the SIPs for the three areas were previously approved by

the USEPA under section 110 of the Act, the Act, as amended in 1990,

has added new requirements. Below is a summary of the status of

Indiana's compliance with the requirements for marginal nonattainment

areas, such as the areas covered by this rulemaking.

F.1. Submittal of a Comprehensive Base Year Emissions Inventory

Indiana has submitted final, adopted 1990 base year emission

estimates and associated documentation for the subject areas. The

emission inventories for these areas have been reviewed in a separate

technical support document and have been found to be acceptable. A

direct final rulemaking approving these emission inventories was

published on June 20, 1994 (59 FR 31544).

F.2. Emission Statement SIP Revision

Indiana has submitted a SIP revision covering regulations requiring

the submittal of annual emission statements by facilities with

potential VOC emissions equal to or exceeding 25 tons per year. This

SIP revision has been reviewed in a separate rulemaking. A direct final

rulemaking approving this SIP revision was published on June 10, 1994

(59 FR 29953).

F.3. New Source Review Regulations

The State of Indiana has submitted NSR regulations in compliance

with section 182(a)(2)(C) of the Act. The USEPA is in the process of

reviewing these regulations. Although the USEPA has not approved these

regulations, it should be noted that the USEPA does not consider

compliance with these requirements to be a prerequisite to the

redesignation of an area to attainment of the ozone NAAQS. The USEPA

believes that the applicability of the Part C PSD program to

maintenance areas makes it unnecessary to require that an area have

obtained full approval of NSR revisions required by Part D of the Act

in order to be redesignated. The USEPA believes that this

interpretation of the Act is appropriate notwithstanding section

175A(d)'s requirement that the contingency provisions of a maintenance

plan include a commitment on the part of the State to implement all

measures to control the relevant air pollutants that were contained in

the SIP prior to redesignation. The term ``measure'' is not defined in

section 175A(d) and it appears that Congress utilized the terms

``measure'' or ``control measure'' differently in different provisions

of the Act that concern the PSD and NSR permitting programs. Compare

section 110(a)(2)(A) and (C) with section 161. In light of this

ambiguity in the use of the term ``measure,'' USEPA believes that term

``measure'' as used in section 175A(d) may be interpreted so as not to

include NSR permitting programs. That this is an appropriate

interpretation is further supported by USEPA's historical practice,

dating back even before the 1990 amendment of the Act, of not requiring

redesignating areas to demonstrate through modeling or to otherwise

justify replacing the nonattainment NSR program with the PSD program

once the areas were redesignated. Rather, the USEPA has historically

allowed the NSR programs to be automatically replaced by the PSD

programs upon redesignation.

F.4. RACT Corrections

As required by section 182(a)(2)(A) of the Act, Indiana has

corrected RACT deficiencies previously identified by the USEPA. These

RACT corrections were approved by the USEPA on March 6, 1992 (57 FR

8086).

F.5. Conformity of Federal Actions With the SIP

Section 176(c) of the CAA requires States to revise their SIPs to

establish criteria and procedures to ensure that Federal actions,

before they are taken, conform to the air quality planning goals in the

applicable 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 Federal

actions (``general conformity''). Section 176 further provides that the

conformity revisions to be submitted by States must be consistent with

Federal conformity regulations that the CAA required USEPA to

promulgate. Congress provided for the State revisions to be submitted

one year after the date for promulgation of final USEPA conformity

regulations. When that date passed without such promulgation, USEPA's

General Preamble for the Implementation of Title I informed States that

its conformity regulations would establish a submittal date (see 57 FR

13498, 13557 (April 16, 1992)).

The USEPA promulgated final transportation conformity regulations

on November 24, 1993 (58 FR 62188) and general conformity regulations

on November 30, 1993 (58 FR 63214). These conformity rules require the

States to adopt both transportation and general conformity provisions

in the SIP for areas designated nonattainment or subject to a

maintenance plan approved under section 175A of the CAA. Pursuant to

Sec. 51.396 of the transportation conformity rule and Sec. 51.851 of

the general conformity rule, the State of Indiana is required to submit

a SIP revision containing transportation conformity criteria and

procedures consistent with those established in the Federal rule by

November 25, 1994. Similarly, Indiana is required to submit a SIP

revision containing general conformity criteria and procedures

consistent with those established in the Federal rule by December 1,

1994. Because the deadlines for these submittals have not yet come due,

they are not applicable requirements under section 107(d)(3)(E)(v) and,

thus, do not affect approval of the redesignation request. It should be

noted, however, that the State of Indiana has committed to the

submittal of these SIP revisions by the required submittal deadlines.

F.6. Vehicle Inspection and Maintenance

Section 182(a)(2)(B) of the Act presents the savings clause for

vehicle inspection and maintenance, requiring the adoption and

implementation of a vehicle inspection and maintenance program if

already included in the SIP (prior to the 1990 amendments of the Act)

or if required by section 172(b)(11)(B) of the pre-1990 Act. The USEPA

fully approved Indiana vehicle inspection and maintenance plan on July

31, 1990 (55 FR 31048). The approved plan only applied to Clark, Floyd,

Lake, and Porter Counties. The areas subject to this redesignation

rulemaking were not required to implement a vehicle inspection and

maintenance program.

III. Summary of USEPA Review of Redesignation Requests

1. Monitored Attainment of the NAAQS

IDEM has collected quality assured ozone data in all three areas

showing attainment of the ozone standard at all monitoring sites during

the most recent three years of monitoring (1990-1992). These data are

recorded in AIRS. These data show compliance with this redesignation

requirement. Additionally, the 1993 data show continued monitored

attainment of the ozone NAAQS.

2. Approved State Implementation Plans

All three areas are covered by a SIP approved under section 110 and

Part D of the Act. Indiana has implemented this SIP in all three areas.

This implementation includes the adoption and implementation of USEPA

approved RACT regulations and other required reasonably available

control measures required by the pre-1990 Act. Indiana has corrected

all previously noted RACT deficiencies, and USEPA has fully approved

Indiana's RACT regulations.

3. Improvement of Air Quality Due to Permanent and Enforceable Emission

Reductions

In all three areas, implementation of VOC emission control

requirements and permanent, enforceable emission reductions from source

closures have led to VOC emission reductions.

4. Maintenance Plans

The contingency portions of the maintenance plans were found to be

acceptable. In addition, demonstrations of maintenance have been made

for all three areas through emission projections to 2006.

One issue concerning the contingency measures, however, must be

noted. As discussed above, Indiana has chosen to include the

implementation of tighter gasoline RVP (requiring lower RVP)

requirements as a contingency measure. At the same time Indiana was

finalizing its maintenance plans, the USEPA issued new guidance

concerning the use of lower RVP as contingency measures in maintenance

plans. This new guidance was provided in a November 8, 1993 memorandum

from Michael Horowitz, Office of General Counsel, to Directors of Air

and Radiation Divisions. The guidance indicates that, for States to

include lower RVP as a contingency measure in maintenance plans, the

maintenance plan must include several things with respect to this

contingency measure. First, the maintenance plan must indicate that if

the former nonattainment area fell back into nonattainment, the State

would submit a request to the USEPA to find under section 211(c)(4)(C)

of the Act that the lower RVP requirement is necessary for the area to

achieve the ozone NAAQS. Second, since the implementation of a lower

RVP would rely upon USEPA's determination of whether it was necessary

to achieve attainment, the State must provide for the possibility that

a lower RVP could not be implemented. To do so, the State would need to

provide for a backup measure in the maintenance plan. The maintenance

plan could also include a commitment to adopt, as an alternative to the

specified measure, measures identified by the USEPA as practicable in

its denial of the State's request for a lower RVP requirement. If the

State chooses to adopt measures specified by the USEPA and the USEPA

has provided several options for acceptable measures, the State must

adopt the requisite number of these measures as is necessary to again

achieve the standard. The State would need to include a schedule for

submittal of the section 211(c)(4)(C) request to the USEPA and a

schedule for final adoption and implementation of a lower RVP standard,

or the back-up measure(s), or the alternative measures selected by the

USEPA. The schedule would need to be tied to the triggering event for

the contingency measure, not to USEPA action on the 211(c)(4)(C)

request.

Notwithstanding the November 8, 1993 policy discussed above, which

was not available to Indiana at the time the State was finalizing and

submitting its maintenance plans to the USEPA, USEPA is approving

Indiana's maintenance plans as they currently exist. This is because

Indiana has identified a wide range of contingency measures to choose

from in the maintenance plan and is, therefore, not relying exclusively

on lower RVP requirements as a contingency measure. If Indiana,

however, upon the triggering of the need to implement contingency

measures, chooses to implement requirements for lower RVP, Indiana must

submit the section 211(c)(4)(C) request in compliance with the Act.

5. Implementation of All Requirements of Section 110 and Part D of the

Act

As indicated above, all requirements of the Act applicable to these

areas have been met through SIP revision submittals. These SIP

revisions must be approved through final rulemaking before or at the

same time as final rulemaking on the redesignation of the areas.

IV. Final Rulemaking Action

The State of Indiana has met the requirements of the Act revising

the Indiana ozone SIP. The USEPA approves the redesignation of

Evansville (Vanderburgh County); Indianapolis (Marion County); and

South Bend/Elkhart (St. Joseph and Elkhart Counties) to attainment for

ozone.

Because USEPA considers this action to be noncontroversial and

routine, the USEPA is approving it without prior approval. This action

will become effective on September 6, 1994. However, if the USEPA

receives adverse comments by August 8, 1994, then the USEPA will

publish a notice that withdraws the action, and will address these

comments in the final rule on the requested redesignation and SIP

revision which has been proposed for approval in the proposed rules

section of this Federal Register. The comment period will not be

extended or reopened. This withdrawal will be done on a geographic

basis if the adverse comments received do not concern all three

geographic areas. For example, if USEPA receives adverse comments

concerning the South Bend/Elkhart Area redesignation request, only that

portion of the final rule concerning the South Bend/Elkhart Area will

be withdrawn.

The OMB has exempted this regulatory action from Executive Order

12866 review.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any SIP. Each request for revision to any SIP shall be

considered separately in light of specific technical, economic, and

environmental factors and in relation to relevant statutory and

regulatory requirements.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, USEPA may certify 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 government entities with jurisdiction over populations

of less than 50,000.

The SIP approvals under section 110 and subchapter I, part D, of

the Act do not create any new requirements, but simply approve

requirements that the State is already imposing. Therefore, because the

Federal SIP approval does not impose any new requirements, I certify

that it does not have a significant impact on small entities affected.

Moreover, due to the nature of the Federal-State relationship under the

Act, preparation of a regulatory flexibility analysis would constitute

Federal inquiry into the economic reasonableness of State action. The

Act forbids USEPA to base its actions concerning SIPs on such grounds.

Union Electric Co. v. USEPA, 427 U.S. 246, 256-66 (1976).

List of Subjects in 40 CFR Parts 52 and 81

Air pollution control, Carbon monoxide, Environmental protection,

Hydrocarbons, Nitrogen dioxide, Ozone, Volatile organic compounds.

Dated: June 21, 1994.

Valdas V. Adamkus,

Regional Administrator.

Parts 52 and 81, chapter I, title 40 of the Code of Federal

Regulations are amended as follows:

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

Subpart P--Indiana

2. Section 52.777 is amended by adding paragraph (f) to read as

follows:

Sec. 52.777 Control strategy: Photochemical oxidants (hydrocarbons).

* * * * *

(f) Approval--The Indiana Department of Environmental Management

submitted three ozone redesignation requests and maintenance plans

requesting the ozone nonattainment areas to be redesignated to

attainment for ozone: South Bend/Elkhart (St. Joseph and Elkhart

Counties), submitted on September 22, 1993; Evansville (Vanderburgh

County), submitted on November 4, 1993; Indianapolis (Marion County),

submitted on November 12, 1993. The redesignation requests and

maintenance plans meet the redesignation requirements in section

107(d)(3)(d) of the Act as amended in 1990. The redesignations meet the

Federal requirements of section 182(a)(1) of the Clean Air Act as a

revision to the Indiana ozone State Implementation Plan for the above

mentioned counties.

* * * * *

PART 81--[AMENDED]

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

Authority: 42 U.S.C. 7401-7871q.

2. In Section 81.315 the attainment status designation table for

ozone is amended by revising the following; designated areas to read as

follows:

Sec. 81.315 Indiana.

* * * * *

Indiana--Ozone

------------------------------------------------------------------------

Designation Classification

Designated areas -----------------------------------------------

Date Type Date Type

------------------------------------------------------------------------

*****

Evansville area:

Vanderburgh County.... (*) Attainment............. ...... ......

Indianapolis area:

Marion County......... (*) Attainment............. ...... ......

*****

South Bend-Elkhart area:

Elkhart County........ (*) Attainment............. ...... ......

St. Joseph County..... (*) Attainment............. ...... ......

*****

------------------------------------------------------------------------

*September 6, 1994.

[FR Doc. 94-16506 Filed 7-7-94; 8:45 am]

BILLING CODE 6560-50-P