Approval and Promulgation of State Implementation Plan; Indiana

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IN79-1A; FRL-5848-4]

Approval and Promulgation of State Implementation Plan; Indiana

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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

approving a February 5, 1997, request from Indiana, for a State

Implementation Plan (SIP) revision for the Vanderburgh County ozone

nonattainment area. The revision is for a transportation control

measure (TCM) to reduce the emissions of volatile organic compounds

(VOCs) from motor vehicles by converting city-owned vehicles to

compressed natural gas as a fuel. Reductions in VOCs help protect the

public's health and welfare by reducing ground level ozone, commonly

known as urban smog. High concentrations of ground level ozone can

aggravate asthma, cause inflammation of lung tissue, decrease lung

function, and impair the body's defenses against respiratory infection.

DATES: This ``direct final'' rule is effective on August 25, 1997,

unless USEPA receives written comments that are adverse or critical by

July 28, 1997. If the effective date is delayed, timely notice will be

published in the Federal Register.

ADDRESSES: Copies of the documents relevant to this action are

available for inspection during normal business hours at the following

location: Regulation Development Section, Air Programs Branch, (AR-

18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson

Boulevard, Chicago, Illinois, 60604.

Please contact Patricia Morris at (312) 353-8656 before visiting

the Region 5 office.

Written comments should be sent to: J. Elmer Bortzer, Chief,

Regulation Development Section, Air Programs Branch, (AR-18J), U.S.

Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,

Chicago, Illinois, 60604.

FOR FURTHER INFORMATION CONTACT: Patricia Morris, Environmental

Scientist, Regulation Development Section, Air Programs Branch (AR-

18J), U.S.Environmental Protection Agency, Region 5, 77 West Jackson

Boulevard, Chicago, Illinois 60604, (312) 353-8656.

SUPPLEMENTARY INFORMATION:

I. Background

Section 108(e) of the Clean Air Act, as amended in 1990 (Act),

provides for transportation-air quality planning guidance for the

development and implementation of transportation and other measures

necessary to demonstrate and maintain attainment of national ambient

air quality standards. Section 108(f)(1)(A) provides a list of

transportation control measures with emission reduction potential. The

USEPA has further provided guidance in the final report entitled

Transportation Control Measures: State Implementation Plan Guidance

dated September 1990; and also in Transportation Control Measure

Information Documents dated March 1992.

Section 108(f)(1)(A) of the Act lists sixteen TCMs for

consideration by States and planning agencies to use to reduce

emissions and help attain and maintain the national ambient air quality

standards. Programs to reduce motor vehicle emissions consistent with

title II of the Act are listed in section 108(f)(1)(A)(xii).

II. Evaluation of the State Submittal

On February 5, 1997, Indiana submitted to the USEPA a SIP revision

request for Vanderburgh County Transportation Control Measures,

specifically, a fleet conversion request. A public hearing was held on

March 12, 1997, and documentation on the public hearing was submitted

to complete the SIP revision request. The SIP submission was found to

be complete by the USEPA in a letter dated April 3, 1997.

The TCM for Vanderburgh County is the conversion of 40-60 city-

owned vehicles from using gasoline as a fuel to compressed natural gas.

This project is consistent with the title II provisions in section 241

for clean-fuel vehicles, and is thus consistent with section

108(f)(1)(A)(xii) as a program to reduce motor vehicle emissions.

Vanderburgh County is currently designated as marginal nonattainment

for ozone, but can adopt any and all measures to help reduce ozone

precursor pollutants and thus attain and maintain the ozone ambient air

quality standard. This TCM is consistent with the measures provided in

section 108(f)(1)(A)(xii) of the Act.

The project was formally endorsed by the Evansville Urban

Transportation Study (EUTS) Board at its June 18, 1996, public meeting.

EUTS is seeking Congestion Mitigation and Air Quality (CMAQ) funds for

the project from the Department of Transportation, to be matched with

local money.

The SIP revision request provides an estimate of the emission

reduction for a fuel conversion of 40 light duty vehicles from the city

and county fleets to compressed natural gas. The air quality benefits

are estimated utilizing emission test results from the California Air

Resources Board and, assuming that each vehicle will average 20,000

miles of use per year with a five year life cycle. The estimated air

quality benefit is calculated as 0.141 tons per year of hydrocarbon

emissions, 1.225 tons per year of carbon monoxide emissions, and 0.194

tons per year of oxides of nitrogen

[[Page 34407]]

emissions. These pollutants are precursors of ground level ozone or

smog, and reductions in precursors will reduce the concentrations of

ground level ozone.

The SIP revision request thus meets the requirements for a TCM, as

defined in section 108 of the Act, and meets the requirements for

emission reductions to help attain and maintain the national ambient

air quality standards.

As an approved TCM in the SIP for Vanderburgh County, this TCM will

need to be included in the transportation improvement program and

transportation plan for the area, and tracked and reported for

conformity purposes. The requirements for transportation conformity

cannot be met unless TCMs in the approved SIP for the area are

proceeding according to schedule.

III. USEPA Action

The USEPA approves Indiana's February 5, 1997, SIP revision request

to implement the transportation control measure of fleet conversion of

city and county vehicles (at least 40) to compressed natural gas as a

fuel.

The USEPA is publishing this action without prior proposal because

USEPA views this as a noncontroversial revision and anticipates no

adverse comments. However, in a separate document in this Federal

Register publication, the USEPA is proposing to approve the SIP

revision should adverse or critical written comments be filed. This

action will be effective on August 25, 1997, unless, by July 28, 1997,

adverse or critical written comments on the approval are received.

If the USEPA receives adverse written comments, the approval will

be withdrawn before the effective date by publishing a subsequent

rulemaking that will withdraw the final action. All written public

comments received will be addressed in a subsequent final rule based on

this action serving as a proposed rule. The USEPA will not institute a

second comment period on this action. Any parties interested in

commenting on this action should do so at this time. If no such

comments are received, the public is advised that this action will be

effective on August 25, 1997.

Nothing in this action should be construed as permitting, allowing

or establishing a precedent for any future request for revision to any

SIP. Each request for revision to the SIP shall be considered

separately in light of specific technical, economic, and environmental

factors and in relation to relevant statutory and regulatory

requirements.

IV. Administrative Requirements

A. Executive Order 12866

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995, memorandum from Mary D. Nichols, Assistant Administrator

for Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from Executive Order 12866 review.

B. Regulatory Flexibility

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

USEPA must prepare a regulatory flexibility analysis assessing the

impact of any proposed or final rule on small entities. 5 U.S.C.

sections 603 and 604. Alternatively, USEPA may certify that the rule

will not have a significant impact on a substantial number of small

entities. Small entities include small businesses, small not-for-profit

enterprises, and government entities with jurisdiction over populations

of less than 50,000.

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

do not create any new requirements, but simply approve requirements

that the State is already imposing. Therefore, because the Federal SIP

approval does not impose any new requirements, the Administrator

certifies that it does not have a significant impact on any small

entities affected. Moreover, due to the nature of the Federal-State

relationship under the Act, preparation of a flexibility analysis would

constitute Federal inquiry into the economic reasonableness of the

State action. The Clean Air Act forbids USEPA to base its actions

concerning SIPs on such grounds. Union Electric Co. v. EPA., 427 U.S.

246, 256-66 (1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

Under section 202 of the Unfunded Mandates Reform Act of 1995,

signed into law on March 22, 1995, USEPA must undertake various actions

in association with any proposed or final rule that includes a Federal

mandate that may result in estimated costs to state, local, or tribal

governments in the aggregate; or to the private sector, of $100 million

or more. This Federal action approves pre-existing requirements under

state or local law, and imposes no new requirements. Accordingly, no

additional costs to state, local, or tribal governments, or the private

sector, result from this action.

D. Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, USEPA submitted a report

containing this rule and other required information to the U.S. Senate,

the U.S. House of Representatives and the Comptroller General of the

General Accounting Office prior to publication of the rule in today's

Federal Register. This rule is not a major rule as defined by 5 U.S.C.

804(2).

F. Petitions for Judicial Review

Under section 307(b)(1) of the Act, petitions for judicial review

of this action must be filed in the United States Court of Appeals for

the appropriate circuit by August 25, 1997. Filing a petition for

reconsideration by the Administrator of this final rule does not affect

the finality of this rule for the purposes of judicial review nor does

it extend the time within which a petition for judicial review may be

filed, and shall not postpone the effectiveness of such rule or action.

This action may not be challenged later in proceedings to enforce its

requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Intergovernmental relations, Ozone, Transportation control measure.

Dated: June 11, 1997.

Michelle D. Jordan,

Acting Regional Administrator.

Part 52, chapter I, title 40 of the Code of Federal Regulations is

amended as follows:

PART 52--[AMENDED]

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

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

Subpart P--Indiana

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

follows:

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

* * * * *

(q) Approval--On February 5, 1997, Indiana submitted a

transportation control measure under section 108(f)(1)(A) of the Clean

Air Amendments of 1990 for Vanderburgh County, Indiana to aid in

reducing emissions of precursors of ozone. The transportation control

measure being approved as a revision to the ozone state implementation

plan is the conversion

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of at least 40 vehicles from gasoline as a fuel to compressed natural

gas.

[FR Doc. 97-16739 Filed 6-25-97; 8:45 am]

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