Federal Register / Vol. 62, No. 88 / Wednesday, May 7, 1997 / Rules and Regulations 24815

enforcement programs relative to private

aircraft arrivals, as Midland is adjacent

to the Southwest Border of the U.S. and

is on a regularly traveled flight path.

Further, the designation will enhance

the efficiency of the Customs Service, as

the airport is close to the normal work

location for inspectional personnel

assigned to the Del Rio-Eagle Pass-El

Paso-Laredo-Presidio Ports-area. In this

regard, it is pointed out that the private

aircraft processing services Customs

provides at the Presidio, Del Rio, and

Eagle Pass Airports will continue;

designating Midland International

Airport is meant to provide an

alternative airport to these other airports

in order to relieve air traffic congestion

at those locations.

Inapplicability of the Regulatory

Flexibility Act and Executive Order

12291

This amendment expands the list of

designated airports at which private

aircraft may land for Customs

processing. Although before a

determination was made to proceed

with this final rule a previous document

on this subject provided notice for

public comment, this amendment is not

subject to the notice and public

procedure requirements of 5 U.S.C. 553

because it relates to agency management

and organization. Accordingly, this

document is not subject to the

provisions of the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.). Agency

organization matters such as this

document are exempt from

consideration under E.O. 12866.

Drafting Information

The principal author of this document

was Gregory R. Vilders, Attorney,

Regulations Branch.

List of Subjects in 19 CFR Part 122

Air carriers, Air transportation,

Aircraft, Airports, Customs duties and

inspection, Drug traffic control,

Organization and functions

(Government agencies), Reporting and

recordkeeping requirements, Security

measures.

Proposed Amendment to the

Regulations

For the reasons stated above, part 122,

Customs Regulations (19 CFR part 122),

is amended as set forth below:

PART 122—AIR COMMERCE

REGULATIONS

1. The authority citation for Part 122

continues to read as follows:

Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66,

1433, 1436, 1459, 1590, 1594, 1623, 1624,

1644; 49 U.S.C. App. 1509.

2. In § 122.24, the listing of airports in

paragraph (b) is amended by adding, in

appropriate alphabetical order,

‘‘Midland, TX’’ in the column headed

‘‘Location’’ and, on the same line,

‘‘Midland International Airport’’ in the

column headed ‘‘Name’’.

Approved: March 26, 1997.

George J. Weise,

Commissioner of Customs.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 97–11780 Filed 5–6–97; 8:45 am]

BILLING CODE 4820–02–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[IN54–1a; FRL–5819–3]

Approval and Promulgation of State

Implementation Plan; IN

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: In this action, EPA is

approving the following as revisions to

the Indiana State Implementation (SIP)

plan: A Rate-Of-Progress (ROP) plan to

reduce volatile organic compound

(VOC) emissions in Clark and Floyd

Counties by 15 percent (%) by

November 15, 1996; 1996 corrections to

Clark and Floyd Counties’ 1990 base

year emission inventory (to establish an

accurate base line for the 15% ROP

plan); construction permits requiring

VOC emission control at Rhodes,

Incorporated (Rhodes) in Charlestown,

Clark County; and a ridesharing

program affecting commuters in Clark

and Floyd Counties. The plan and

control measures help protect the

public’s health and welfare by reducing

the emissions of VOC that contribute to

the formation of 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.

The 15% ROP plan’s control measures

are expected to reduce VOC emissions

in Clark and Floyd Counties by 17,215

pounds (lbs) per day. In this action, EPA

is approving the above requested SIP

revisions through a ‘‘direct final’’

rulemaking; the rationale for this

approval is set forth below.

DATES: The ‘‘direct final’’ rule, is

effective July 7, 1997, unless EPA

receives adverse or critical comments by

June 6, 1997. If the effective date is

delayed, timely notice will be published

in the Federal Register.

ADDRESSES: Comments may be mailed

to: J. Elmer Bortzer, Chief, Regulation

Development Section, United States

Environmental Protection Agency,

Region 5, Air and Radiation Division,

Air Programs Branch (AR–18J), 77 West

Jackson Boulevard, Chicago, Illinois,

60604.

Copies of the documents relevant to

this action are available at the above

address for public inspection during

normal business hours.

FOR FURTHER INFORMATION CONTACT:

Mark J. Palermo, Environmental

Protection Specialist, at (312) 886–6082.

SUPPLEMENTARY INFORMATION:

I. Background on 15% ROP

Requirements

On November 15, 1990, Congress

enacted amendments to the 1977 Clean

Air Act (Act); Public Law 101–549, 104

Stat. 2399, codified at 42 U.S.C. 7401–

7671q. Section 182(b)(1) requires States

with ozone nonattainment areas

classified as moderate and above to

submit a SIP revision known as a ‘‘15%

ROP plan.’’ This plan must reflect an

actual reduction in typical ozone season

weekday VOC emissions of at least 15%

in the area during the first 6 years after

enactment (i.e., by November 15, 1996).

The emission reductions needed to

achieve the 15% requirement must be

calculated using a 1990 anthropogenic

VOC emissions inventory as a baseline,

minus emission reductions occurring by

1996 from the: (1) Federal Motor

Vehicle Control Program (FMVCP)

measures for the control of motor

vehicle exhaust or evaporative

emissions promulgated before January 1,

1990; and (2) gasoline Reid Vapor

Pressure (RVP) regulations promulgated

by November 15, 1990 (see 55 FR 23666,

June 11, 1990). In addition, the plan

must account for net growth in

emissions within the nonattainment

area between 1990 and 1996.

In Indiana, two ozone nonattainment

areas are required to be covered by a

15% ROP plan: the Lake and Porter

Counties portion of the Chicago severe

ozone nonattainment area, and the Clark

and Floyd Counties portion of the

Louisville moderate ozone

nonattainment area. Today’s rulemaking

action addresses only the plan for Clark

and Floyd Counties; the Lake and Porter

Counties 15% ROP plan has been

addressed in an April 3, 1997,

rulemaking action (see 62 FR 15844).

II. Indiana’s 15% ROP Plan Submittal

The Act requires States to observe

certain procedural requirements in
24816 Federal Register / Vol. 62, No. 88 / Wednesday, May 7, 1997 / Rules and Regulations

developing SIPs and SIP revisions for

submission to EPA. Section 110(a)(2)

and section 110(l) of the Act require that

each SIP revision meet reasonable

notice and public hearing requirements.

The State of Indiana submitted a portion

of the Clark and Floyd Counties 15%

ROP plan SIP revision on December 20,

1993. The SIP revision was reviewed by

EPA to determine completeness shortly

after submittal, in accordance with the

completeness criteria set out at 40 CFR

Part 51, Appendix V (1991), as amended

by 57 FR 42216 (August 26, 1991).

Because Indiana had not included fully

adopted rules for all the plan’s control

measures, nor held a public hearing on

the plan, the submittal was deemed

incomplete. Subsequently, Indiana held

a public hearing on the plan on March

31, 1994, in New Albany, Indiana. A

hearing transcript, a summary of

comments from that hearing, and the

Indiana Department of Environmental

Management’s (IDEM) response to

comments were submitted on July 5,

1994. IDEM sent a supplemental

submittal on July 12, 1995, which

included fully adopted rules for the

Clark and Floyd Counties 15% ROP

plan. In a July 17, 1995, letter to

Indiana, the State was informed that the

SIP submittal was deemed complete.

Indiana submitted a contingency plan

with the 15% ROP plan pursuant to

section 172(c)(9). EPA will take action

on this plan in a separate rulemaking

action. The contingency plan is a

separate requirement of the Act, and

approval of the contingency plan is not

a prerequisite for approval of the 15%

ROP plan.

III. Criteria for 15% ROP Plan

Approvals

The requirements for 15% ROP plans

are found in section 182(b)(1) of the Act,

and the following EPA guidance

documents:

1. Procedures for Preparing Emissions

Projections, EPA–450/4–91–019,

Environmental Protection Agency, July

1991.

2. State Implementation Plans;

General Preamble for the

Implementation of Title I of the Clean

Air Act Amendments of 1990; Proposed

rule (57 FR 13498), Federal Register,

April 16, 1992 (General Preamble).

3. ‘‘November 15, 1992, Deliverables

for Reasonable Further Progress and

Modeling Emission Inventories,’’

memorandum from J. David Mobley,

Edwin L. Meyer, and G. T. Helms, Office

of Air Quality Planning and Standards,

Environmental Protection Agency,

August 7, 1992.

4. Guidance on the Adjusted Base

Year Emissions Inventory and the 1996

Target for the 15 Percent Rate of

Progress Plans, EPA–452/R–92–005,

Environmental Protection Agency,

October 1992.

5. ‘‘Quantification of Rule

Effectiveness Improvements,’’

memorandum from G. T. Helms, Chief,

Ozone/Carbon Monoxide Programs

Branch, Office of Air Quality Planning

and Standards, Environmental

Protection Agency, October 1992.

6. Guidance for Growth Factors,

Projections, and Control Strategies for

the 15 Percent Rate-of-Progress Plans,

EPA–452/R–93–002, March 1993.

7. ‘‘Correction to ‘Guidance on the

Adjusted Base Year Emissions Inventory

and the 1996 Target for the 15 Percent

Rate of Progress Plans’,’’ memorandum

from G. T. Helms, Chief, Ozone/Carbon

Monoxide Programs Branch, Office of

Air Quality Planning and Standards,

Environmental Protection Agency,

March 2, 1993.

8. ‘‘15 Percent Rate-of-Progress

Plans,’’ memorandum from G. T. Helms,

Chief, Ozone/Carbon Monoxide

Programs Branch, Office of Air Quality

Planning and Standards, Environmental

Protection Agency, March 16, 1993.

9. Guidance on the Relationship

Between the 15 Percent Rate-of-Progress

Plans and Other Provisions of the Clean

Air Act, EPA–452/R–93–007,

Environmental Protection Agency, May

1993.

10. ‘‘Credit Toward the 15 Percent

Rate-of-Progress Reductions from

Federal Measures,’’ memorandum from

G. T. Helms, Chief, Ozone/Carbon

Monoxide Programs Branch,

Environmental Protection Agency, May

6, 1993.

11. Guidance on Preparing

Enforceable Regulations and

Compliance Programs for the 15 Percent

Rate-of-Progress Plans, EPA–452/R–93–

005, Environmental Protection Agency,

June 1993.

12. ‘‘Correction Errata to the 15

Percent Rate-of-Progress Plan Guidance

Series,’’ memorandum from G. T.

Helms, Chief, Ozone and Carbon

Monoxide Programs Branch,

Environmental Protection Agency, July

28, 1993.

13. ‘‘Early Implementation of

Contingency Measures for Ozone and

Carbon Monoxide (CO) Nonattainment

Areas,’’ memorandum from G. T. Helms,

Chief, Ozone/Carbon Monoxide

Programs Branch, Environmental

Protection Agency, August 13, 1993.

14. ‘‘Region III Questions on Emission

Projections for the 15 Percent Rate-ofProgress Plans,’’ memorandum from G.

T. Helms, Chief, Ozone/Carbon

Monoxide Programs Branch, Office of

Air Quality Planning and Standards,

Environmental Protection Agency,

August 17, 1993.

15. ‘‘Guidance on Issues Related to 15

Percent Rate-of-Progress Plans,’’

memorandum from Michael H. Shapiro,

Acting Assistant Administrator for Air

and Radiation, Environmental

Protection Agency, August 23, 1993.

16. ‘‘Credit Toward the 15 Percent

Requirements from Architectural and

Industrial Maintenance Coatings,’’

memorandum from John S. Seitz,

Director, Office of Air Quality Planning

and Standards, Environmental

Protection Agency, September 10, 1993.

17. ‘‘Reclassification of Areas to

Nonattainment and 15 Percent Rate-ofProgress Plans,’’ memorandum from

John S. Seitz, Director, Office of Air

Quality Planning and Standards,

Environmental Protection Agency,

September 20, 1993.

18. ‘‘Clarification of ‘Guidance for

Growth Factors, Projections and Control

Strategies for the 15 Percent Rate of

Progress Plans’,’’ memorandum from G.

T. Helms, Chief, Ozone/Carbon

Monoxide Programs Branch, Office of

Air Quality Planning and Standards,

Environmental Protection Agency,

October 6, 1993.

19. ‘‘Review and Rulemaking on 15

Percent Rate-of-Progress Plans,’’

memorandum from G. T. Helms, Chief,

Ozone/Carbon Monoxide Programs

Branch, Office of Air Quality Planning

and Standards, Environmental

Protection Agency, October 6, 1993.

20. ‘‘Questions and Answers from the

15 Percent Rate-of-Progress Plan

Workshop,’’ memorandum from G. T.

Helms, Chief, Ozone/Carbon Monoxide

Programs Branch, Environmental

Protection Agency, October 29, 1993.

21. ‘‘Rate-of-Progress Plan Guidance

on the 15 Percent Calculations,’’

memorandum from D. Kent Berry,

Acting Director, Air Quality

Management Division, Environmental

Protection Agency, October 29, 1993.

22. ‘‘Clarification of Issues Regarding

the Contingency Measures that are Due

November 15, 1993 for Moderate and

Above Ozone Nonattainment Areas,’’

memorandum from D. Kent Berry,

Acting Director, Air Quality

Management Division, Environmental

Protection Agency, November 8, 1993.

23. ‘‘Credit for 15 Percent Rate-ofProgress Plan Reductions from the

Architectural and Industrial

Maintenance (AIM) Coating Rule,’’

memorandum from John S. Seitz,

Director, Office of Air Quality Planning

and Standards, Environmental

Protection Agency, December 9, 1993.

24. ‘‘Guidance on Projection of

Nonroad Inventories to Future Years,’’

memorandum from Philip A. Lorang,
Federal Register / Vol. 62, No. 88 / Wednesday, May 7, 1997 / Rules and Regulations 24817

1Sections 172(c)(3) and 182(a)(1) of the Act

require that nonattainment plan provisions include

a comprehensive, accurate inventory of actual

emissions which occurred in 1990 from all sources

of relevant pollutants in the nonattainment area.

This inventory provides an estimate of the amount

of VOC and oxides of nitrogen produced by

emission sources such as automobiles, powerplants

and the use of consumer solvents in the household.

Because the approval of such inventories is

necessary to an area’s 15% ROP plan and

attainment demonstration, the emission inventory

must be approved prior to or with the 15% ROP

plan submission.

2The 1990 adjusted base year inventory

represents the ‘‘baseline emissions’’ from which the

15 percent reduction is to be calculated, as

specified under section 182(b)(1)(B) of the Act.

Section 182(b)(1)(B) defines baseline emissions to

mean the total amounts of actual VOC emissions

from all anthropogenic sources in the ozone

nonattainment areas during the calendar year of

1990, excluding emissions that are eliminated by

the pre-1990 FMVCP and 1990 RVP regulations. In

the General Preamble, EPA interprets ‘‘calendar

year’’ emissions to consist of typical ozone season

weekday emissions, based on the fact that the ozone

National Ambient Air Quality Standard (NAAQS)

(0.12 parts per million, one-hour averaged) is

generally exceeded or violated during ozone season

weekdays when ozone precursor emissions and

meteorological conditions are most conducive to

ozone formation. Ozone seasons are typically the

summer months.

3Under section 182(b)(1)(D), emission reductions

pre-1990 and 1990 RVP regulations are not

creditable toward meeting 15%. The emission

reductions which occurred by 1996 from these

regulations are added to emissions required to meet

15% to determine the total amount of emission

reduction by 1996 for the area.

Director, Emission Planning and

Strategies Division, Office of Air and

Radiation, Environmental Protection

Agency, February 4, 1994.

25. ‘‘Discussion at the Division

Directors Meeting on June 1 Concerning

the 15 Percent and 3 Percent

Calculations,’’ memorandum from G. T.

Helms, Chief, Ozone/Carbon Monoxide

Programs Branch, Office of Air Quality

Planning and Standards, Environmental

Protection Agency, June 2, 1994.

26. ‘‘Future Nonroad Emission

Reduction Credits for Court-Ordered

Nonroad Standards,’’ memorandum

from Philip A. Lorang, Director,

Emission Planning and Strategies

Division, Office of Air and Radiation,

Environmental Protection Agency,

November 28, 1994.

27. ‘‘Credit for the 15 Percent Rate-ofProgress Plans for Reductions from the

Architectural and Industrial

Maintenance (AIM) Coating Rule and

the Autobody Refinishing Rule,’’

memorandum from John S. Seitz,

Director, Office of Air Quality Planning

and Standards, Environmental

Protection Agency, November 29, 1994.

28. ‘‘Transmittal of Rule Effectiveness

Protocol for 1996 Demonstrations,’’

memorandum from Susan E. Bromm,

Director, Chemical, Commercial

Services and Municipal Division, Office

of Compliance, Environmental

Protection Agency, December 22, 1994.

29. ‘‘Future Nonroad Emission

Reduction Credits for Locomotives,’’

memorandum from Philip A. Lorang,

Director, Emission Planning and

Strategies Division, Office of Air and

Radiation, Environmental Protection

Agency, January 3, 1995.

30. ‘‘Credit for the 15 Percent Rate-ofProgress Plans for Reductions from the

Architectural and Industrial

Maintenance (AIM) Coating Rule,’’

memorandum from John S. Seitz,

Director, Office of Air Quality Planning

and Standards, Environmental

Protection Agency, March 22, 1995.

31. ‘‘Fifteen Percent Rate-of-Progress

Plans—Additional Guidance,’’

memorandum from John S. Seitz,

Director, Office of Air Quality Planning

and Standards, Environmental

Protection Agency, May 5, 1995.

32. ‘‘Update on the Credit for the 15

percent Rate-of-Progress Plans for

Reductions from the Architectural and

Industrial Maintenance Coatings Rule,’’

memorandum from John S. Seitz,

Director, Office of Air Quality Planning

and Standards, Environmental

Protection Agency, March 7, 1996.

33. ‘‘Date by which States Need to

Achieve all the Reductions Needed for

the 15% Plan from Inspection and

Maintenance (I/M) and Guidance for

Recalculation,’’ memorandum from

Margo Oge, Director, Office of Mobile

Sources, and John S. Seitz, Director,

Office of Air Quality Planning and

Standards, Environmental Protection

Agency, August 13, 1996.

34. ‘‘Sample City Analysis:

Comparison of Enhanced Inspection and

Maintenance (I/M) Reductions Versus

Other 15 Percent Rate of Progress Plan

Measures,’’ E.H. Pechan and Associates,

December 12, 1996.

35. ‘‘Modeling 15 Percent Volatile

Organic Compound (VOC) Reduction(s)

from I/M in 1999: Supplemental

Guidance,’’ memorandum from Gay

MacGregor, Director, Regional and State

Programs Division, and Sally Shaver,

Director, Air Quality Strategies and

Standards Division, Environmental

Protection Agency, December 23, 1996.

36. ‘‘15% Volatile Organic Compound

(VOC) State Implementation Plan (SIP)

Approvals and the ‘As Soon As

Practicable’ Test,’’ memorandum from

John S. Seitz, Director, Office of Air

Quality Planning and Standards, and

Richard B. Ossias, Deputy Associate

General Counsel, Division of Air and

Radiation, Office of General Counsel,

Environmental Protection Agency,

February 12, 1997.

For a 15% ROP plan SIP to be

approved, the plan must adequately

justify how much emission reduction is

needed to achieve 15% emission

reduction by November 15, 1996, and

how the plan’s control strategy will

secure that reduction. The procedure for

calculating the needed emission

reduction is as follows:

(A) Calculate the ‘‘1990 ROP

inventory’’ by subtracting from the

area’s ‘‘1990 base year inventory’’ 1

biogenic emissions, emissions outside of

the nonattainment area, and preenactment banked emission credits;

(B) Calculate the ‘‘1990 adjusted base

year inventory’’ by subtracting from the

1990 ROP inventory any emission

reductions from the pre-1990 FMVCP

and 1990 RVP Federal regulations

which occur between 1990 and 1996; 2

(C) Calculate ‘‘15% of adjusted base

year emissions’’ by multiplying the 1990

adjusted base year inventory by 15%;

(D) Calculate the ‘‘total required

reductions by 1996’’ by adding emission

reductions from the pre-1990 FMVCP

and 1990 RVP federal rules to the 15%

of adjusted base year emissions

calculation; 3

(E) Calculate the ‘‘1996 emissions

target level’’ by subtracting from the

1990 ROP base year inventory the total

required reductions by 1996;

(F) Calculate the ‘‘1996 projected

emission estimate’’ by a number of

methods, such as adding growth factors

to the 1990 adjusted base-year

inventory, or adding growth factors and

required emission reductions to the

1990 ROP inventory; and

(G) Calculate the ‘‘reduction required

by 1996 to achieve 15% net of growth’’

by subtracting the 1996 target emissions

level from the 1996 projected emissions

level.

In determining what control measures

a State can use in its 15% ROP plan

strategy, the Act provides under section

182(b)(1)(C) that emission reductions

from control measures are creditable to

the extent that they have actually

occurred before November 15, 1996. In

keeping with this requirement, the

General Preamble states that all credited

emission reductions must be real,

permanent, and enforceable, and that

regulations needed to implement the

plan’s control strategy must be adopted

and implemented by the State by

November 15, 1996.

The EPA has reviewed the State’s

submittal for consistency with the

requirements of the Act and EPA

guidance. A summary of EPA’s analysis

is provided below.
24818 Federal Register / Vol. 62, No. 88 / Wednesday, May 7, 1997 / Rules and Regulations

IV. Analysis of Clark and Floyd

Counties 15% ROP Plan

Indiana’s 15% ROP Summary for

Clark and Floyd Counties is shown in

the following table:

15% ROP SUMMARY FOR CLARK & FLOYD COUNTIES

Lbs VOC/day

Calculation of Reduction Needs by 1996

1990 Clark and Floyd Counties Total VOC Emissions ....................................................................................................................... 162,855

1990 ROP Emissions (Anthropogenic only) ........................................................................................................................................ 86,815

1990–1996 Noncreditable Reductions (Reductions from 1990 RVP and Pre-1990 FMVCP Regulations) ........................................ 18,985

1990 Adjusted Base Year Emissions (1990 ROP Emissions minus Noncreditable Reductions) ....................................................... 67,830

15% of Adjusted Base Year Emissions ............................................................................................................................................... 10,175

Total Expected Emission Reductions by 1996 (15% of Adjusted Base Year Emissions plus Noncreditable Reductions) ............... 29,160

1996 Target Level (1990 ROP Emissions minus Total Required Emission Reductions by 1996) ..................................................... 57,655

1996 Projected Emissions (1990 Adjusted Base Year Emissions plus Growth Factors) ................................................................... 74,764

Reduction Needed to Achieve 15 Percent Net of Growth (1996 Projected Emissions minus 1996 Target Level) ........................... 17,109

Expected Reduction From Mandatory Controls

Point Sources:

Volatile Organic Liquid (VOL) Storage Tanks Rule (326 IAC 8–9) ............................................................................................. 142

Shipbuilding and Ship Repair Rule (326 IAC 8–12) .................................................................................................................... 1,164

Wood Furniture Coating Rule (326 IAC 8–11) ............................................................................................................................. 2,445

Area Sources:

Automobile Refinishing Rule (326 IAC 8–10) .............................................................................................................................. 1,172

Federal Architectural and Industrial Maintenance (AIM) Coatings Rule ...................................................................................... 750

Subtotal—Reductions From Mandatory Controls ..................................................................................................................... 5,673

Expected Reductions From Non Mandatory Controls

Mobile Sources:

Low Reid Vapor Pressure (RVP) Gasoline Rule—Mobile Sources (326 IAC 13–3) ................................................................... 3,800

Improved Basic Vehicle Inspection and Maintenance (I/M) Program (326 IAC 13–1.1) ............................................................. 2,200

Commuter Credits from Kentucky Motorists ................................................................................................................................ 700

Ridesharing Program .................................................................................................................................................................... 55

Area Sources:

Stage II Gasoline Vapor Recovery Rule (326 IAC 8–4–6) .......................................................................................................... 2,290

Lower RVP Gasoline Rule—Area Sources (326 IAC 13–3) ........................................................................................................ 787

Residential Open Burning (326 IAC 4–1) ..................................................................................................................................... 704

Municipal Solid Waste (MSW) Landfill Rule (326 IAC 8–8) ......................................................................................................... 345

Point Sources:

Rhodes, Inc. (Rhodes) Construction Permit ................................................................................................................................. 661

Subtotal—Reduction From Non Mandatory Controls ............................................................................................................... 11,542

Total Creditable Reductions From 15% ROP Plan .................................................................................................................. 17,215

A. Calculation of the 1990 Adjusted

Base Year Emission Inventory

To determine the 1990 adjusted base

year inventory, Indiana used its 1990

base year emission inventory as a

starting point. This inventory was found

by EPA to meet the requirements of

sections 172(c)(3) and 182(a)(1) of the

Act for Clark and Floyd Counties and

was approved on June 20, 1994 (59 FR

31544). After this approval, Indiana

identified certain errors with the point

and area source portions of the

inventory and made corrections to the

inventory, accordingly. These

corrections were included with the

Clark and Floyd 15% ROP plan

submittal and are being approved in

today’s action as a revision to the SIP

(See section V of this rulemaking

action). Under the revised 1990 base

year emissions inventory, total VOC

emissions are 162,855 lbs VOC/day.

Indiana subtracted from the 1990 base

year inventory biogenic emissions and

emissions from outside Clark and Floyd

Counties to determine that the 1990

ROP inventory level is 86,815 lbs VOC/

day. No pre-enactment banked emission

credit was included in the inventory.

Indiana used EPA’s Mobile Source

Emissions Model (MOBILE)5a emission

factor model to determine the emission

reductions from pre-1990 FMVCP and

1990 RVP regulations; the 1990 ROP

inventory level minus these reductions

equates to a 1990 adjusted base year

inventory level of 67,830 lbs VOC/day.

Indiana’s documentation includes the

actual 1990 motor vehicle emissions

using 1990 vehicle miles traveled (VMT)

and MOBILE5a emission factors, and

the adjusted emissions using 1990 VMT

and the MOBILE5a emission factors in

calendar year 1996 with the appropriate

RVP for the nonattainment area as

mandated by EPA. The plan submittal

includes adequate documentation

showing how the MOBILE5a model was

run to determine the expected emission

reductions by 1996 from pre-1990

FMVCP and 1990 RVP.

B. 1996 ROP Target Emission Level

To calculate the 1996 target emission

level for Clark and Floyd Counties,

Indiana first multiplied the 1990

adjusted base year inventory by 0.15 to

determine that the 15% required

emission reduction by 1996 is 10,175

lbs VOC/day. Then, 18,985 lbs VOC/day

of reductions from noncreditable control

measures (pre-1990 FMVCP and 1990

RVP) were added to the 15% required

reduction to determine that the total

expected reductions by 1996 is 29,160

lbs VOC/day. Finally, Indiana

subtracted the 1996 total expected
Federal Register / Vol. 62, No. 88 / Wednesday, May 7, 1997 / Rules and Regulations 24819

emission reductions from the 1990 ROP

emission inventory to determine that

the 1996 emission target level for Clark

and Floyd Counties is 57,655 lbs VOC/

day.

The 15% ROP plan submittal

adequately documents the total

expected reductions in the

nonattainment area by showing each

step, discussing any assumptions made,

and stating the origin of the number

used in the calculations.

C. Projected Emission Inventory

To determine the 1996 projected

emission inventory, Indiana included in

the 15% ROP plan the growth factors

used together with documentation for

the assumptions made. The point, area,

and non-road mobile source emission

inventories were projected using either

source supplied data, population

forecasts, historical data, or, where

historical data were unavailable or not

suitable to project, the U.S. Department

of Commerce Bureau of Economic

Analysis (BEA) regional growth data

were used. The on-road mobile source

emission inventory was projected using

MOBILE5a. The State’s calculations for

growth in the on-road mobile, off-road

mobile, industrial, and area source

sectors are 3,940 lbs VOC/day, 691 lbs

VOC/day, 1,150 lbs VOC/day, and 1,153

lbs VOC/day, respectively, for a total of

6,934 lbs VOC/day. These growth

estimates were calculated in a manner

consistent with EPA guidance

documents. The projected emissions

were added to the 1990 adjusted base

year inventory to determine that the

1990 projected emission inventory level

is 74,764 lbs VOC/day.

D. Creditable Reductions From Control

Measures

From the calculation of the 1996

target emission level and 1996 projected

emission level, Clark and Floyd

Counties must reduce emissions by

17,109 lbs VOC/day to secure the 15%

ROP reduction. The Clark and Floyd

Counties 15% ROP plan does meet this

requirement. The total creditable

emission reduction achieved by the

15% ROP plan is 17,215 lbs VOC/day.

Emission reductions not needed to meet

15% can be used in Clark and Floyd

Counties’ contingency plan or

attainment plan.

The SIP submittal includes

documentation of the sources or source

categories which are expected to be

affected by each control measure, the

sources’ projected 1996 emissions

without controls, and the assumptions

used to estimate how much each control

measure will reduce the sources’ 1996

emissions. These assumptions were

derived primarily from Midwest

Research Institute’s April 30, 1993,

document entitled ‘‘Support Document

for Indiana’s Clark and Floyd

Nonattainment Area 1996 Rate-ofProgress Plan’’ (MRI document), which

was contracted by EPA to assist Indiana

in developing the 15% ROP plan.

A review of the emission reduction

credit taken for each control measure

follows:

VOL Storage Rule

SIP rule 326 IAC 8–9 requires special

roof design and sealing requirements for

certain VOL storage vessels. Indiana is

only taking credit from controls on fixed

roof tanks located in Floyd County. The

rule’s control requirements for fixed

roof tanks are assumed to have an

overall control efficiency estimate of

96%, with a rule effectiveness of 80%.

An emission reduction of 142 lbs VOC/

day has been claimed from this rule,

which is acceptable.

Shipbuilding and Ship Repair Rule

SIP rule 326 IAC 8–12 requires

shipbuilding and ship repair operations

to comply with certain low-VOC coating

requirements, coating thinning

limitations, and VOC-reducing work

practices. One source, Jeffboat, is

affected by this rule. Jeffboat is required

to use water based weld-through (shop)

preconstruction primer with a VOC

content of zero. This limit is

significantly tighter than EPA’s Control

Techniques Guideline limit of 5.42 lbs

VOC/gallon for preconstruction primers

used in this source category (see 61 FR

44050, August 27, 1996). In addition to

documentation contained in the

submittal, Indiana submitted

supplemental documentation showing

that the rule’s control measures have an

estimated 73% VOC control efficiency.

For the 15% ROP plan, however,

Indiana conservatively took an overall

50% VOC emission reduction from the

source’s 1990 emission level. An

emission reduction claim of 1,164 lbs

VOC/day for this rule is acceptable.

Wood Furniture Coating Rule

SIP rule 326 IAC 8–11 requires wood

furniture coating operations to comply

with certain low-VOC coating

requirements and VOC-reducing work

practices. The MRI document estimated

that the rule’s control requirements

would result in an overall 55% VOC

emission reduction. However, based on

discussions with wood furniture coaters

in Clark and Floyd Counties, Indiana

has determined that an overall control

efficiency of 32% is a more accurate

estimate. The rule effectiveness is

assumed to be 80%. An emission

reduction claim of 2,445 lbs VOC/day

from this rule is acceptable.

Federal AIM Coatings Rule

Pursuant to section 183(e) of the Act,

EPA proposed on June 25, 1996 (61 FR

32729) a national rule requiring

manufacturers of AIM coatings to meet

certain VOC content limitations. The

March 7, 1996, EPA memorandum

‘‘Update on the Credit for the 15 Percent

Rate-of-Progress Plans for Reductions

from the Architectural and Industrial

Maintenance Coatings Rule’’ allows

States to take credit for a 20% reduction

in AIM coating emissions, even though

promulgation of the rule has been

delayed. Based on this policy, Indiana

has claimed 750 lbs VOC/day in

emission reduction, which is

acceptable.

Automobile Refinishing Rule

SIP rule 326 IAC 8–10 requires

automobile and mobile equipment

refinishing shops to use lower VOC

coatings, less-emitting spray-gun and

spray-gun cleaning equipment, and

improved work practices to reduce

VOC. To improve rule effectiveness, this

rule also requires refinishing coating

suppliers in the area to sell only

coatings which meet the VOC limits

required in the rule. In addition to

documentation contained in the

submittal, Indiana submitted

supplemental documentation which

indicates that an overall 77.8% emission

reduction can be expected from all the

control measures required by this rule,

with 100% rule effectiveness. The

emission reduction claimed for this

rule, 1,172 lbs VOC/day, is acceptable.

Low RVP Gasoline (7.8 PSI) Rule

SIP rule 326 IAC 13–3 requires

gasoline sold in Clark and Floyd

Counties to comply with a 7.8 RVP

standard during the ozone season.

Although this rule regulates RVP, it is

not an RVP rule promulgated by the

Administrator before enactment, nor

required to be promulgated under

section 211(h). Therefore, this rule is

creditable under section 182(b)(1)(D).

MOBILE5a was used to estimate that the

emission reductions attributable to this

requirement are 3,800 lbs VOC/day from

mobile sources, and 787 lbs VOC/day

from area sources, respectively. This

emission reduction claim is acceptable.

Improved I/M Program

Many states have claimed emission

reductions from improvements to preexisting I/M programs in their 15% ROP

plans because such improvements

achieve more VOC emission reductions

than most, if not all other, control
24820 Federal Register / Vol. 62, No. 88 / Wednesday, May 7, 1997 / Rules and Regulations

4MPOs can utilize United States Department of

Transportation (DOT) funds from CMAQ. CMAQ is

a federal program which provides funding for

transportation related projects and programs

designed to contribute to attainment of air quality

standards.

strategies. For many States, however,

actual emission reductions from these

improvements will not occur until after

1996. This is due to the substantial

amount of time needed to re-design I/M

programs in response to the September

18, 1995, revisions to EPA’s I/M

regulations (60 FR 48029) and/or the

enactment of the National Highway

Systems Designation Act of 1995

(NHSDA), to secure State legislative

approval when necessary, and to set up

the infrastructure to perform the testing

program.

Given the heavy reliance by many

States on upgrading I/M to help satisfy

15% ROP plan requirements, and the

recent NHSDA and regulatory changes

regarding I/M, EPA has recognized that

it is not possible for many States to

achieve emission reductions attributable

to I/M improvements by November 15,

1996. Under these circumstances,

disapproval of the 15% ROP plan SIPs

would serve no purpose. Consequently,

under certain circumstances, EPA will

allow States that pursue re-design of

their I/M program to receive emission

reduction credit for their 15% ROP

plans, even though the emission

reductions from I/M will occur after

November 15, 1996.

Specifically, the EPA will approve a

15% ROP SIP if the emission reductions

from a revised I/M program, as well as

from the other 15% ROP plan measures,

will achieve the 15% level as soon after

November 15, 1996, as practicable. To

make this ‘‘as soon as practicable’’

determination, the EPA must determine

that the 15% ROP plan contains all VOC

control strategies that are practicable for

the nonattainment area in question and

that meaningfully accelerate the date by

which the 15% level is achieved. The

EPA does not believe that measures

meaningfully accelerate the 15% date if

they provide only an insignificant

amount of reductions.

Revisions to Clark and Floyd

Counties’ I/M program (326 IAC 13–1.1)

were approved by EPA on March 19,

1996 (61 FR 11142). The State’s I/M

contract requires that testing vehicles

under the improved program begin in

July 1997. A single contractor,

Envirotest, Inc., operates a test-only

centralized network for inspections and

re-inspection. The Indiana I/M program

requires coverage of all 1976 and newer

gasoline powered light duty passenger

cars and light duty trucks up to 9,000

pounds Gross Vehicle Weight Rating

(GVWR). The State’s program requires

that all applicable 1981 and newer

vehicles meet a transient, mass

emissions tailpipe test that includes the

purge and pressure test. All applicable

model year 1976 through 1980 vehicles

will be subject to a BAR90 single-speed

idle test that includes the pressure test.

EPA has analyzed Clark and Floyd

Counties’ improved I/M program to

predict when the emission reductions

claimed in the 15% ROP plan for the

improvements will actually be secured.

This analysis was based on the

methodology specified in EPA’s policy

memoranda, ‘‘Date by Which States

Need to Achieve all the Reductions

Needed for the 15% Plan from I/M and

Guidance for Recalculation,’’ August 13,

1996, and ‘‘Modeling 15% VOC

Reduction(s) from I/M in 1999—

Supplemental Guidance,’’ December 23,

1996. MOBILE5b runs were used to

evaluate the credit, using inputs that

reflect actual program startup. Some of

the input parameters of the modeling

included: a July 1997, program start

date; start-up cutpoints as

recommended by EPA; and expected

evaporative test procedures available at

start-up. The State has taken credit in

the Clark and Floyd Counties 15% ROP

plan for 2,200 lbs VOC/day reductions

from improvements in I/M. Based on

EPA’s analysis, the emission reduction

claimed will be secured by November

1999. (See EPA’s August 13, 1996,

policy memorandum titled ‘‘Date by

Which States Need to Achieve all the

Reductions Needed for the 15% Plan

from I/M and Guidance for

Recalculation,’’ for further discussion

on the acceptability of the November

1999 date).

To determine whether there are other

available potential control measures

which can meaningfully accelerate the

date by which 15% emission reduction

in Clark and Floyd Counties can be

achieved, EPA compared the Clark and

Floyd Counties 15% ROP plan with

control measures included in 15% ROP

plans nation-wide, which are listed in

EPA’s report, ‘‘Sample City Analysis:

Comparison of Enhanced I/M

Reductions Versus other 15 Percent ROP

Plan Measures,’’ December 12, 1996,

referenced in EPA’s policy document

‘‘15% VOC SIP Approvals and the ‘As

Soon As Practicable’ Test,’’ February 12,

1997. Based upon the report, EPA

believes that there are no other potential

control measures beyond those already

included in the Clark and Floyd 15%

ROP plan which can secure a significant

amount of emission reduction before

November 1999.

Because Indiana’s improved I/M

program will secure emission

reductions claimed under the Clark and

Floyd Counties 15% ROP plan by

November 1999, and there are no other

potential control measures which can

meaningfully accelerate the

achievement of 15% reduction in the

counties before November 1999, the

EPA finds that the Clark and Floyd

Counties 15% ROP plan does secure

15% emission reductions as soon as

practicable. On this basis, the emission

reduction claimed under Clark and

Floyd Counties’ 15% ROP plan for

improved I/M is approvable.

Commuter Credits, Kentucky Motorists

The 1990 base year inventory

includes emissions from VMT driven in

Clark and Floyd Counties by Louisville,

Kentucky, motorists. Two post-1990

control measures implemented in

Louisville have reduced emissions from

these motorists: reformulated gasoline

and I/M pressure checks. MOBILE5a

was used to estimate the emission

reduction in Clark and Floyd Counties

associated with these control measures,

and the input and output files are

included in the SIP submittal. The

emission reduction claimed from this

program, 700 lbs VOC/day, is

acceptable.

Ridesharing Program

The Clark and Floyd Counties 15%

ROP plan takes credit for a ridesharing

program, called the ‘‘Commuter Pool,’’

which affects commuters in Clark and

Floyd Counties. The Commuter Pool

program provides companies and

employees with technical and financial

assistance in implementing car-pool and

van-pool commuting arrangements. The

program covers the entire Louisville

metropolitan area and is administered

by the Kentuckiana Regional Planning

and Development Agency (KIPDA), the

Metropolitan Planning Organization

(MPO) for the area. The program is

programmed and funded in the

Louisville metropolitan area’s Horizon

2020 Transportation Improvement Plan

and fiscal year (FY) 1997–2000

Transportation Improvement Program

(TIP). The rideshare program is partly

funded through the federal Congestion

Mitigation and Air Quality

Improvement Program (CMAQ).4

To demonstrate emission reductions

achieved by this program in Clark and

Floyd Counties, Indiana submitted an

air quality analysis from KIPDA which

was developed using a similar

methodology used to evaluate the FY

1994–1997 TIP for the Louisville

metropolitan area. As part of this

analysis, KIPDA isolated the impacts of

the ridesharing program on roadways in

Clark and Floyd Counties regardless of
Federal Register / Vol. 62, No. 88 / Wednesday, May 7, 1997 / Rules and Regulations 24821

5 Indiana’s emission statement program (326 IAC

2–6) was adopted pursuant to section 182(a)(3)(B)

of the Act. Under this program, owners and

operators of stationary sources of VOC or oxides of

nitrogen (NOx) are required to provide annual

statements, in a format required under 326 IAC 2–

6, showing actual emissions of NOx and/or VOC

from the sources. EPA approved Indiana’s emission

statement program on June 10, 1994 (59 FR 29953).

whether employment locations are

based in Indiana or Kentucky. This

impact is estimated to be an emission

reduction of 55 lbs VOC/day.

This program was submitted with the

Clark and Floyd 15% ROP plan as a

transportation control measure (TCM) to

be included in the SIP. EPA is, in

today’s action, approving the TCM as a

SIP revision (see section V of the

rulemaking). The TCM has been

implemented since 1994 and was

initially programmed and funded in the

Louisville metropolitan area 1994–1997

TIP. This program’s continued operation

will be ensured through federal

transportation conformity requirements.

The emission reduction claimed from

the program is acceptable.

Stage II Gasoline Vapor Recovery Rule

SIP rule 326 IAC 8–4–6 requires

facilities that sell more than 10,000

gallons of gasoline per month to operate

Stage II gasoline vapor recovery systems

certified to have a control effectiveness

of at least 95%. Indiana has estimated

that the rule has an 84% program in-use

efficiency, accounting for annual

inspection program effects and the

exemption of facilities with a monthly

gasoline throughput of less than 10,000

gallons. The State’s emission reduction

claim of 2,290 lbs VOC/day from this

rule is acceptable.

Residential Open Burning Rule

Under SIP rule 326 IAC 4–1,

residential open burning is banned in

Clark and Floyd Counties. Indiana

estimated that this rule would reduce

open burning emissions by 80%, or 704

lbs VOC/day, which is acceptable.

MSW Landfill Rule

SIP rule 326 IAC 8–8 applies to new

and existing MSW landfills emitting

greater than 55 tons of non-methane

organic compounds per year and with a

minimum design capacity of 100,000

megagrams of solid waste. The rule

requires the operation of a landfill gas

collection system and combustion

device. Based on a destruction

efficiency of 98% and collection

efficiencies ranging from 50% to 60%,

Indiana estimated that an overall VOC

emission control efficiency range of

49% to 59% may be achieved, with a

rule effectiveness of 80%. The State has

claimed 345 lbs VOC/day in emission

reduction from this rule, which is

acceptable.

Rhodes Construction Permits

Rhodes, located in Charlestown, Clark

County, operates a heatset web offset

printing operation. In 1990, the source

was emitting approximately 125 tons of

VOC per year after controls. Beginning

in October 15, 1991, Rhodes began a

series of replacements and new

installation of presses. Rhodes has been

issued three construction permits, CP

019–2110, CP 019–2696, and CP 019–

4362, in accordance with 326 IAC 2–1–

3, to replace and install presses. These

permits require Rhodes to improve its

VOC emission control by installing and

operating two thermal incinerators with

a 98% VOC destruction efficiency to

control ink emissions from all presses in

the plant.

Indiana estimated emission

reductions from the VOC control

improvements using a July 1, 1994,

report submitted by Rhodes to IDEM

pursuant to the State’s emission

statement program.5 This report was

based upon stack test data with one of

the new thermal incinerators in

operation. IDEM inspectors quality

assured the report and found it

acceptable. Using software designed to

calculate annual emissions from data

submitted under the emission statement

program, IDEM determined that in 1994

Rhodes was emitting 13.5 tons of VOC

per year after controls, representing a

111.5 ton VOC/year reduction from

1990 levels. IDEM used an EPA

conversion equation (to account for

emissions per summertime day) to

determine that the new controls at

Rhodes have reduced emissions by 771

lbs VOC/day.

Indiana submitted the Rhodes

construction permits with the Clark and

Floyd Counties 15% ROP plan and

claimed a 661 lbs VOC/day emission

reduction from the permits. In today’s

action, EPA is approving the Rhodes

construction permits as revisions to the

Indiana ozone SIP (see section V of this

rulemaking action). It should be noted

that Indiana’s 15% ROP plan submittal

states the total reduction from Rhodes as

865 lbs VOC/day. However, IDEM has

subsequently indicated to EPA that the

emission reduction from Rhodes which

should have been claimed in the

submittal is 771 lbs VOC/day. In today’s

action, EPA is approving an 771 lbs

VOC/day emission reduction which can

be credited toward ROP. Since Indiana

claimed 661 lbs VOC/day in emission

reduction from Rhodes in the 15% ROP

plan submittal, the remaining 110 lbs/

day can be used toward meeting Clark

and Floyd Counties’ attainment

demonstration or contingency plan

requirements.

E. Enforceability Issues

All measures and other elements in

the SIP must be enforceable by the State

and EPA (see sections 172(c)(6),

110(a)(2)(A) of the Act, and 57 FR

13556). The EPA criteria addressing the

enforceability of SIPs and SIP revisions

were stated in a September 23, 1987,

memorandum (with attachments) from

the Assistant Administrator for Air and

Radiation (see 57 FR 13541).

Nonattainment area plan provisions

must also contain a program that

provides for enforcement of the control

measures and other elements in the SIP

[see section 110(a)(2)(C) of the Act].

The control measures included in the

Clark and Floyd Counties 15% ROP

plan have been fully adopted by Indiana

and have been submitted to EPA as a

revision to the State’s ozone SIP. The

EPA has independently reviewed each

control measure to determine

conformance with SIP requirements

under section 110 and part D of the Act,

and the measure’s overall enforceability.

Rulemaking action on each control

measure is as follows:

Control measure Date of EPA approval

VOL Storage Vessel Rule (326 IAC 8–9) ........... January 17, 1997 (62 FR 2593)

Shipbuilding and Ship Repair Rule (326 IAC 8–

12).

January 22, 1997 (62 FR 3216)

Wood Furniture Coating Rule (326 IAC 8–11) ... October 30, 1996 (61 FR 55889)

Federal Architectural and Industrial Maintenance Coatings Rule.Proposed federal regulation for which Indiana can take credit (See March 7, 1996, memorandum from John Seitz, Director, Office of Air Quality Planning and Standards to Regional Division Directors).

Automobile Refinishing Rule (326 IAC 8–10) ..... June 13, 1996 (61 FR 29965)
24822 Federal Register / Vol. 62, No. 88 / Wednesday, May 7, 1997 / Rules and Regulations

Control measure Date of EPA approval

Low RVP Gasoline Rule (326 IAC 13–3) ........... February 9, 1996 (61 FR 4895)

Improved Basic I/M (326 IAC 13–1.1) ................ March 19, 1996 (61 FR 11142)

Commuter Credits, Kentucky Motorists .............. February 16, 1994 (59 FR 7716) (Federal reformulated gasoline)

July 28, 1995 (60 FR 38700) (Louisville Hybrid I/M)

KIPDA Ridesharing Program .............................. Date of EPA approval action is date of today’s Federal Register. See discussion below.

Stage II Vapor Recovery (326 IAC 8–4–6) ........ April 28, 1994 (59 FR 21942)

Residential Open Burning Ban (326 IAC 4–1) ... February 1, 1996 (61 FR 3581)

Municipal Solid Waste Landfills (326 IAC 8–8) .. January 17, 1997 (62 FR 2591)

Rhodes Construction Permits ............................. Date of EPA approval action is date of today’s Federal Register. See discussion below.

F. Transportation Conformity 1996

Mobile Source Emissions Budget

Section 176(c) requires States to

submit SIP revisions establishing the

State’s criteria and procedures for

assessing the conformity of federal

actions (transportation and general) to

the SIP’s purpose of eliminating or

reducing the severity and number of

violations of the National Ambient Air

Quality Standards and achieving

expeditious attainment of such

standards. These conformity SIP

revisions must assure that federal

actions will not: (1) cause or contribute

to any new violation of any standard in

any area, (2) increase the frequency or

severity of any existing violation of any

standard in any area, or (3) delay timely

attainment of any standard or any

required interim emission reductions or

other milestones in any area. To assure

conformity with the SIP, conformity

analyses for transportation projects must

take into account the amount of on-road

mobile source emissions that can be

emitted in accordance with SIP

emission reduction milestones. For

purposes of EPA transportation

conformity determinations, the 1996

emission level for on-road mobile

sources that is achieved from the 15%

ROP plan constitutes the 1996 VOC

mobile source emission budget for Clark

and Floyd Counties. This level, which is

derived from MOBILE5a using 1996

estimated emissions with improved I/M,

7.8 low RVP, and Kentucky commuter

credits, is 17,340 lbs VOC/day.

Therefore, final approval of the 15%

ROP plan also approves the 1996 mobile

source VOC emission budget.

For years after 1996, conformity

determinations addressing VOCs must

demonstrate consistency with this plan

revision’s motor vehicle emissions

budget, and satisfaction of the build/nobuild test, as defined under 40 CFR part

93.

G. Conclusion

The EPA has reviewed the Clark and

Floyd Counties 15% ROP plan SIP

revision submitted to EPA as described

above, and finds that the plan satisfies

the applicable requirements of the Act,

as well as EPA guidance for such plans.

Therefore, the EPA, in this action, is

approving these plans as a revision to

the Indiana ozone SIP.

V. Other Rulemaking Actions

A. Corrections to 1990 Base Year

Emissions Inventory

Corrections for Clark and Floyd

Counties 1990 base year emissions

inventory were submitted as Appendix

B in the 15% ROP plan submittal. In

today’s action, EPA is approving the

revised 1990 base year emissions

inventory as a revision to the SIP. The

following table explains the revisions:

REVISIONS TO CLARK AND FLOYD COUNTIES’ 1990 BASE-YEAR EMISSION INVENTORY

Sources affected Explanation of changes

Service station tank breathing area

sources.

Controlled emissions from service station tank breathing were erroneously included in the 1990 base year

emissions inventory and have now been removed.

Ashland ........................................... Ashland has submitted corrected 1990 base year emissions for its point sources.

Rhodes ............................................ Rhodes was not included in the 1990 base year emissions inventory. Emissions from the source have now

been added.

Louisville Hardwoods, Inc ............... Because Louisville Hardwoods’ 1990 emissions were less than the 10 tons VOC/year point source inventory cut off, the source’s emissions have been shifted from the point source inventory to the area source

inventory.

B. Ridesharing Program

Included as a requested SIP revision

in the Clark and Floyd 15% ROP plan

submittal is a ridesharing program,

called the Commuter Pool, affecting

commuters in Clark and Floyd Counties.

The Commuter Pool program provides

companies and employees in the

Louisville metropolitan area (including

Clark and Floyd Counties) with

technical and financial assistance in

implementing car-pool and van-pool

commuting arrangements.

To take credit for the ridesharing

program, the program must be approved

by EPA as a Transportation Control

Measure (TCM) and incorporated in the

SIP. EPA’s requirements for TCMs are

summarized in the June 1993, EPA

guidance document, Guidance on

Preparing Enforceable Regulations and

Compliance Programs for the 15 Percent

Rate-of-Progress Plans. The required

elements are (1) A complete description

of the measure, and, if possible, its

estimated emissions reduction benefits;

(2) evidence that the measure was

properly adopted by a jurisdiction(s)

with legal authority to execute the

measure; (3) evidence that funding will

be available to implement the measure;

(4) evidence that all necessary approvals

have been obtained from all appropriate

government offices; (5) evidence that a

complete schedule to plan, implement,

and enforce the measure has been

adopted by the implementing agencies;

and (6) a description of any monitoring

program to evaluate the measure’s

effectiveness and to allow for necessary

in-place corrections or alterations.

The Commuter Pool program, as

submitted by Indiana in the Clark and

Floyd 15% ROP plan submittal, fully

satisfies TCM requirements based on the

following: (1) A complete description of

the program and estimated emission

reduction are provided in the

documentation submitted with the ROP

plan; (2) the measure has been adopted
Federal Register / Vol. 62, No. 88 / Wednesday, May 7, 1997 / Rules and Regulations 24823

by KIPDA, the authorized MPO for

Louisville; (3) the program is currently

operating and has received federal

CMAQ program money for operation; (4)

all necessary approvals have been

obtained from DOT on the FY 1997–

2000 TIP and Horizon 2020

Transportation Plan (which includes the

TCM); (5) the Transportation Plan and

TIP constitute the schedule,

implementation mechanism, and also

the enforcement mechanism for the

TCM (the conformity provisions in 40

CFR part 93 provide that TCMs in an

approved SIP must be implemented on

schedule before a conformity

determination can be made by DOT);

and (6) the CMAQ program requires

monitoring of programs funded under

CMAQ and annual reports to DOT on

achieved emission reductions. The

Commuter Pool TCM, therefore, is

approvable.

C. Rhodes Permits

Rhodes’ heatset web offset printing

operations are subject to three

construction permits issued under 326

IAC 2–1 of the Indiana rules. The

construction permits are CP 019–2110,

CP 019–2696, and CP 019–4362, issued

October 15, 1991, December 18, 1992,

and April 21, 1995, respectively. These

permits were submitted with the Clark

and Floyd 15% ROP plan as a revision

to the SIP.

Under the construction permits,

Rhodes must not operate its presses

unless the incinerators are functioning

properly. Each incinerator must meet a

98% VOC destruction efficiency, and

must maintain a combustion

temperature at or above 1400 degrees

Fahrenheit (760 degrees Celsius) to

ensure continuous compliance with the

destruction efficiency. The plant must

meet a VOC capture efficiency of 86%,

assuring an overall efficiency of 84%

minimum. Rhodes was required to

conduct an initial compliance stack test

for each incinerator. Daily record

keeping of the incinerators’ minimum

operating inlet temperature and

minimum duct velocity must be kept for

at least two years. Exceedances must be

reported to IDEM.

These permits are being approved in

today’s action as revisions to the

Indiana ozone SIP.

VI. Final Rulemaking Action

The EPA approves Indiana’s 15%

ROP plan for Clark and Floyd Counties

as a revision to the SIP. For

transportation conformity purposes,

final approval of this 15% ROP plan

also approves the 1996 mobile source

emission budget of 16,785 lbs VOC/day.

EPA also approves corrections to Clark

and Floyd Counties 1990 base year

emissions inventory, the Rhodes

permits, and the ridesharing program

TCM included in the 15% ROP

submittal.

The 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, the EPA is proposing to

approve the SIP revision should adverse

or critical comments be filed. This

action will be effective on July 7, 1997

unless, by June 6, 1997, adverse or

critical comments on the approval are

received.

If the EPA receives adverse

comments, the approval will be

withdrawn before the effective date by

publishing a subsequent rulemaking

that will withdraw the final action. All

public comments received will be

addressed in a subsequent final rule

based on this action serving as a

proposed rule. The EPA 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 July 7, 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.

VII. 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., EPA 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,

EPA 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 EPA 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, EPA 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 Section 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

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 Section

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 July 7, 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
24824 Federal Register / Vol. 62, No. 88 / Wednesday, May 7, 1997 / Rules and Regulations

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,

Incorporation by reference, Ozone,

Reporting and recordkeeping

requirements.

Dated: April 16, 1997.

William E. Muno,

Acting Regional Administrator.

For the reasons stated in the

preamble, 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.

2. Section 52.770 is amended by

adding paragraph (c)(118) to read as

follows:

§ 52.770 Identification of Plan.

* * * * *

(c) * * *

(118) On July 12, 1995, Indiana

submitted as a revision to the State

Implementation Plan construction

permits CP 019–2110, CP 019–2696, and

CP 019–4362, issued under Indiana rule

326 IAC 2–1. The permits establish

volatile organic compound control

requirements for Rhodes Incorporated’s

heatset web offset printing presses.

(i) Incorporation by reference.

Construction Permit CP 019–2110,

issued and effective October 15, 1991;

Construction Permit CP 019–2696,

issued and effective December 18, 1992;

Construction permit CP 019–4362,

issued and effective April 21, 1995.

3. Section 52.777 is amended by

adding paragraph (m) to read as follows:

§ 52.777 Control Strategy: Photochemical

Oxidants (hydrocarbon).

* * * * *

(m) On July 12, 1995, Indiana

submitted a 15 percent rate-of-progress

plan for the Clark and Floyd Counties

portion of the Louisville ozone

nonattainment area. This plan satisfies

Clark and Floyd Counties’ requirements

under section 182(b) of the Clean Air

Act, as amended in 1990.

4. Section 52.777 is amended by

adding paragraph (n) to read as follows:

§ 52.777 Control Strategy: Photochemical

Oxidants (hydrocarbon).

* * * * *

(n) On July 12, 1995, Indiana

submitted corrections to the 1990 base

year emissions inventory for Clark and

Floyd Counties. The July 12, 1995,

corrections are recognized revisions to

Indiana’s emissions inventory.

5. Section 52.777 is amended by

adding paragraph (o) to read as follows:

§ 52.777 Control Strategy: Photochemical

Oxidants (hydrocarbon).

* * * * *

(o) On July 12, 1995, Indiana

submitted as a revision to the Indiana

State Implementation Plan a ridesharing

transportation control measure which

affects commuters in Clark and Floyd

Counties.

[FR Doc. 97–11908 Filed 5–6–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 60

[UT–001–0003a; FRL–5818–6]

Clean Air Act Approval and

Promulgation of State Implementation

Plan; UT; Standards of Performance

for New Stationary Sources

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA approves the State

Implementation Plan (SIP) revision

submitted by the State of Utah with a

letter dated November 20, 1996. The

submittal included the State adoption of

a new rule, R307–18–1, which

incorporates by reference the Federal

new source performance standards

(NSPS) in 40 CFR part 60, as in effect

on March 12, 1996. EPA is approving

the State’s submittal because it is

consistent with the requirements of the

Clean Air Act, as amended (Act).

DATES: This action will become effective

on July 7, 1997, unless comments are

received in writing by June 6, 1997. If

the effective date is delayed, timely

notice will be published in the Federal

Register.

ADDRESSES: Written comments on this

action should be addressed to Vicki

Stamper, 8P2–A, at the EPA Regional

Office listed below. Copies of the State’s

submittal and other information are

available for inspection during normal

business hours at the following

locations: Air Program, Environmental

Protection Agency, Region VIII, 999

18th Street, suite 500, Denver, Colorado

80202–2405; Division of Air Quality,

Utah Department of Environmental

Quality, 150 North 1950 West, P.O. Box

144820, Salt Lake City, Utah 84114–

4820; and The Air and Radiation Docket

and Information Center, 401 M Street,

SW, Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT:

Vicki Stamper, EPA Region VIII, (303)

312–6445.

SUPPLEMENTARY INFORMATION:

I. Analysis of State’s Submission

A. Procedural Background

The Act requires States to observe

certain procedural requirements in

developing implementation plans and

plan revisions for submission to EPA.

Sections 110(a)(2) and 110(l) of the Act

provide that each implementation plan

or plan revision submitted by a State

must be adopted after reasonable notice

and public hearing. In accordance with

the completeness criteria in 40 CFR part

51, appendix V, EPA also must

determine whether a submittal is

complete and therefore warrants further

EPA review and action [see section

110(k)(1) and 57 FR 13565]. EPA

attempts to make completeness

determinations within 60 days of

receiving a submission. However, a

submittal is deemed complete by

operation of law if a completeness

determination is not made by EPA six

months after receipt of the submission.

To entertain public comment, the

State of Utah, after providing adequate

notice, held a public hearing on July 16,

1996 on the proposed revision to the

Utah Air Conservation Regulations.

Following the public hearing, the State

adopted the rule revision on September

9, 1996. The Governor of Utah

submitted the SIP revision on November

20, 1996, and supporting documentation

was submitted by the Director of the

Utah Division of Air Quality on

December 2, 1996. The SIP revision was

reviewed by EPA to determine

completeness in accordance with the

completeness criteria set out at 40 CFR

part 51, appendix V. The submittal was

found to be complete and a letter dated

March 28, 1997 was forwarded to the

Governor finding the submittal

complete.

B. This Action

The State of Utah adopted a new rule,

R307–18–1, which incorporates by

reference the Federal NSPS in 40 CFR

part 60, as in effect on March 12, 1996.

The State had previously relied on Utah

Air Conservation Regulations R307–1–1

and R307–1–3.1.8.B. to provide

authority for implementation and

enforcement of the NSPS. Under these