[Federal Register Volume 65, Number 17 (Wednesday, January 26, 2000)]
[Rules and Regulations]
[Pages 4126-4133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1558]



[[Page 4126]]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IN 87-1a; FRL-6527-8]


Approval of Post-1996 Rate of Progress Plan: Indiana

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Direct final rule.

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

SUMMARY:  In this action, EPA is approving the Lake and Porter 
Counties, Indiana Post-1996 Rate of Progress (ROP) Plan, including a 
1990 inventory adjustment, as revisions to the State Implementation 
Plan (SIP). The Indiana Department of Environmental Management (IDEM) 
submitted the Post-1996 ROP Plan on December 17, 1997, with a 
supplemental submission on January 22, 1998.
    The control strategies in the plan are designed to reduce volatile 
organic compounds (VOC) emissions in Lake and Porter Counties by 9 
percent (%) from 1990 baseline levels. The Clean Air Act (the Act) 
requires that these reductions occur by November 15, 1999. The Post-
1996 ROP Plan is designed to reduce VOC emissions in Lake and Porter 
Counties by at least 77,366 pounds (lbs) per day; from a projected 
369,387 lbs/day to 292,021 pounds/day.
    VOC emissions combine with oxides of nitrogen in the atmosphere to 
form ground-level ozone, a pollutant which can cause inflammation of 
the lungs, decrease lung capacity, and aggravate asthma. The purpose of 
this Federal Register action is to explain what EPA is approving and to 
discuss the rationale for today's approval.

DATES:  This rule is effective on March 27, 2000, unless EPA receives 
relevant adverse written comments by February 25, 2000. If EPA receives 
adverse comment, it will publish a timely withdrawal of the rule in the 
Federal Register and inform the public that the rule will not take 
effect.

ADDRESSES:  Written comments should be addressed to:
    J. Elmer Bortzer, Chief, Regulation Development Section, Air 
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    Copies of the SIP revision request for this direct final rule are 
available for inspection at the U.S. Environmental Protection Agency, 
Region 5, Air and Radiation Division, 77 West Jackson Boulevard, 
Chicago, Illinois 60604. Please telephone Ryan Bahr at (312) 353-4366, 
before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT:  Ryan Bahr, Environmental Engineer, 
Regulation Development Section, at (312) 353-4366.

SUPPLEMENTARY INFORMATION:  Throughout this document wherever ``we'', 
``us'', or ``our'', are used we mean EPA. This Supplementary 
Information section is organized as follows:

I. General Information on this Approval
    What is EPA approving?
    Why is EPA approving this submittal?
    Who is affected by this action?
II. Background on IDEM Submittal
    What is a Post-1996 ROP Plan?
    What pollutants does the IDEM Post-1996 ROP Plan reduce?
    What geographic area does the IDEM Post-1996 ROP Plan affect?
    Why did IDEM submit a SIP revision request for the Post-1996 ROP 
Plan?
    What information did IDEM submit in its request?
    What mobile source budget did IDEM identify in the Post-1996 ROP 
Plan?
    What action has EPA previously taken on the mobile source 
budget?
    What public review opportunities did IDEM provide for the Post-
1996 ROP Plan?
    What prior action has EPA taken on Rate of Progress Plans for 
Lake and Porter, Counties Indiana?
III. Content of IDEM Submittal
    What changes did IDEM make to the 1990 VOC emission inventory in 
this submission?
    What control strategies did IDEM implement to achieve 
reductions?
    The Post-1996 ROP Plan control strategies and their emission 
reductions.
    The Post-1996 ROP Plan control strategies; emission reduction 
calculations.
IV. EPA analysis of IDEM submittal
    What guidance documents and requirements apply to the Post-1996 
ROP Plan submittal?
    Why was the 1996 15 Percent ROP Target Level for Lake and Porter 
Counties recalculated?
    How was the 1996 Target Emission Level for Lake and Porter 
Counties recalculated?
    How was the Post-1996 ROP Plan required emission reduction 
calculated?
    Why is EPA approving the Post-1996 ROP Plan submittal?
V. Final Rulemaking Action
VI. Administrative Requirements
    A. Executive Order 12866
    B. Executive Order 13045
    C. Executive Order 13084
    D. Executive Order 13132
    E. Regulatory Flexibility Act
    F. Unfunded Mandates
    G. Submission to Congress and the Comptroller General
    H. National Technology Transfer and Advancement Act
    I. Petitions for Judicial Review

I. General Information on this Approval

What is EPA approving?

    In today's action, EPA is approving the Lake and Porter Counties, 
Indiana Post-1996 Rate of Progress (ROP) Plan, including a 1990 
inventory adjustment, as a revision to the State Implementation Plan 
(SIP). IDEM submitted these items on December 17, 1997, and January 22, 
1998.

Why is EPA approving this submittal?

    The Post-1996 ROP Plan satisfies the requirements of the Clean Air 
Act. Specifically, the plan:
    <bullet> Revises the 1990 base year emission inventory,
    <bullet> Identifies control measures to achieve a projected 9% VOC 
emission reduction in Lake and Porter Counties,
    <bullet> Documents the 9% reductions to occur by November 15, 1999, 
and,
    <bullet> Identifies a 1999 mobile source emissions budget for VOC.
    EPA found that the Post-1996 ROP Plan contains 77,660 pounds VOC/
day of emission reductions in Lake and Porter Counties that are 
creditable. This exceeds the required reduction of 77,366 pounds VOC/
day. The Act requires these reductions because VOC emissions combine 
with oxides of nitrogen in the atmosphere to form ground-level ozone, a 
pollutant which can cause inflammation of the lungs, decrease lung 
capacity, and aggravate asthma.
    Section 182(c)(2)(B) of the Act requires submittal of a 
demonstration that the SIP will result in a 9% emission reduction by 
November 15, 1999. This 9% needs to be in addition to the emission 
reduction requirement for a 15% reduction by November 15, 1996. Indiana 
submitted the demonstration as part of the Post-1996 ROP Plan.

Who is affected by this action?

    The Post-1996 ROP Plan refers to various emission control 
regulations which IDEM estimates will achieve the 9% emission 
reductions for Lake and Porter Counties. The regulations, both Federal 
and State, impact a wide variety of industries and businesses. For the 
most part, these regulations have already been implemented. All of them 
have already been approved into the SIP or promulgated by EPA. Today's 
approval does not establish any new requirements. The plan identifies 
and documents how existing SIP and Federal regulations achieve the 
necessary 9% emission reductions. The plan, by documenting emission 
reductions, demonstrates the progress being made toward cleaner air for 
the

[[Page 4127]]

people that live and work in Lake and Porter Counties, Indiana.

II. Background on IDEM Submittal

What is a Post-1996 Rate Of Progress (ROP) Plan?

    A Post-1996 ROP Plan documents the control strategies a State is 
implementing to reduce emissions of ozone precursors by 9% from 1990 
baseline emissions. Section 182(b)(1) of the Act requires States to 
develop these Post-1996 ROP Plans for ozone nonattainment areas which 
have been classified as serious and above. Lake and Porter Counties are 
classified as severe nonattainment for ozone. To be approvable, a State 
must show that the 9% emission reduction will occur by November 15, 
1999.
    The Plan is called a ``Post-1996'' ROP Plan because the Act also 
requires that by November 15, 1996, the States implement control 
strategies achieving 15% emission reduction for ozone nonattainment 
areas classified as moderate and above. The Post-1996 ROP Plan 
continues the 3% per year reductions from November 16, 1996, through 
November 15, 1999.

What pollutants does the IDEM Post-1996 ROP Plan Reduce?

    The IDEM Post-1996 ROP Plan identifies VOC control strategies. VOC 
emissions combine with oxides of nitrogen in the atmosphere to form 
ground-level ozone. Ozone can cause inflammation of the lungs, decrease 
lung capacity, and aggravate asthma.

What geographic area does the IDEM Post-1996 ROP Plan affect?

    IDEM's Post-1996 ROP Plan is applicable to the severe ozone 
nonattainment area of Lake and Porter Counties, Indiana. Lake and 
Porter Counties are part of the Chicago-Gary-Lake County ozone 
nonattainment area, which is classified as severe nonattainment for 
ozone.

Why did IDEM submit a SIP revision request for the Post-1996 ROP Plan?

    Lake and Porter Counties are classified as severe nonattainment for 
ozone. For that reason, section 182(c)(2)(B) of the Act requires that 
these areas reduce emissions of ozone precursors by 3% per year, and 
that the State submit a Post-1996 ROP Plan to identify and document 
those reductions.

What information did IDEM submit in its request?

    On December 17, 1997, Indiana submitted to EPA the Lake and Porter 
Counties Indiana Post-1996 ROP Plan. EPA found this submittal to be 
complete in a letter to IDEM dated December 30, 1997.
    The ROP Plan contains documentation and control strategies for both 
the 9% reduction requirement and 3% contingency measures, as well as a 
revision to the 1990 VOC emission inventory. The contingency measures 
include agreed orders for Keil Chemical and United States Steel Gary 
Works. EPA will address the contingency measures and these agreed 
orders in a subsequent rulemaking action.
    The submittal also contains a mobile source emission budget for 
VOC. IDEM supplemented its submittal on January 22, 1998, to clearly 
identify the mobile source emission budget.

What Mobile Source Budget did IDEM identify in the Post-1996 ROP Plan?

    IDEM supplemented its submittal on January 22, 1998 to clearly 
identify a 1999 mobile source budget for VOCs of 40,897 pounds VOC per 
summer day, as contained in Table 16 of the Post-1996 ROP Plan.

What action has EPA previously taken on the mobile source budget?

    At the time that EPA received this submittal, the transportation 
rules (62 FR 43780) required EPA to review mobile source budgets within 
45 days of submittal. After receiving the supplemental submittal 
regarding the budget on January 22, 1998, EPA completed that review of 
the budget. EPA found the 1999 VOC budget of 40,897 pounds VOC per 
summer day adequate in a February 2, 1998, letter. Since that time, 
Lake and Porter Counties have been required to restrict their 1999 
modeled mobile source VOC emissions to below that budget.

What public review opportunities did IDEM provide for the Post-1996 ROP 
Plan?

    On October 13, 1997, IDEM published a notice of public hearing for 
the Post-1996 ROP Plan and opened a public comment period through 
December 1, 1997. IDEM held a public hearing on the proposed ROP Plan 
on November 13, 1997. The submittal summarizes the public comments and 
IDEM's responses to those comments.

What prior action has EPA taken on Rate of Progress Plans for Lake and 
Porter Counties Indiana?

    On April 3, 1997, EPA proposed approval and solicited public 
comment on Indiana's 15% ROP plan. EPA finalized approval of the 15% 
ROP plan on July 18, 1997 (62 FR 38457). The 15% ROP plan was designed 
to reduce VOC emissions in Lake and Porter Counties by 68,242 pounds 
per day.

III. Content of IDEM Submittal

What changes did IDEM make to the 1990 VOC emission inventory in this 
submission?

    IDEM has revised the 1990 Lake and Porter Counties base year VOC 
emissions inventory. The revision increases the base year VOC emissions 
inventory by 195,349 pounds/day, a 46% increase. The resulting 1990 VOC 
emissions inventory for Lake and Porter Counties is 620,070 pounds/day 
(typical weekday emissions during the period of June through August).
    Both the 15 percent ROP plan and the Post-1996 ROP Plan depend on 
the level of the 1990 base year VOC emissions. EPA has encouraged the 
States to update the 1990 base year emissions as needed, and to make 
appropriate changes in ROP plans. EPA recognizes that the base year 
emissions estimates (or the estimated emissions for any other year) are 
not fixed over time and that new data can improve these estimates. Such 
is the case in this ROP submittal.
    In July and August 1993, the United States Steel Corporation (US 
Steel) commented to IDEM on the 1990 base year inventory. US Steel 
stated that the 1990 base year emissions inventory underestimated VOC 
emissions from the US Steel coke oven by-product recovery plant. When 
IDEM received these comments, it was in the final stages of preparing 
the base year emissions inventory and did not have time to further 
investigate US Steel's claim prior to submitting the inventory to the 
EPA.
    EPA approved IDEM's 1990 base year emissions inventory for Lake and 
Porter Counties on January 4, 1995 (60 FR 375). The rulemaking 
suggested that IDEM give further consideration to the comments of US 
Steel and acknowledged that IDEM would need extra time to consider 
relevant data prior to amending the base year emissions inventory, if 
warranted.
    After taking a more detailed look at the emissions from the coke 
oven by-product recovery sector, IDEM concluded that it was appropriate 
to revise the 1990 base year emissions inventory. Both State rule 326 
IAC 14-9 and the Federal National Emission Standard for Hazardous Air 
Pollutants (NESHAP) regulate benzene emissions from coke oven by-
product recovery plants. The rules were implemented in 1991 and not 
1990, as assumed in the original 1990 base year emissions inventory. 
IDEM is now correcting this

[[Page 4128]]

assumption, resulting in the need to increase the 1990 base year 
emissions.
    To accurately reflect the overall emissions from this category, 
IDEM increased the resolution of the emissions inventory for the 
emissions from coke oven by-product recovery plants. These enhanced 
emission calculations provided the context for the compliance data from 
US Steel, allowing IDEM to more accurately determine the correct 1990 
emissions level.
    IDEM concluded that the 1990 base year emissions were significantly 
higher than the base year inventory originally adopted and has 
requested that the 1990 SIP base year inventory be adjusted 
accordingly.

What control strategies did IDEM implement to achieve reductions?

The Post-1996 ROP Plan Control Strategies and their Emission 
Reductions.

------------------------------------------------------------------------
                                       Emission
                                      Reductions        Date of EPA
         Control Strategies          (Pounds VOC/     Promulgation or
                                         day)             Approval
------------------------------------------------------------------------
Coke Oven By-Product Recovery Plant        55,371  Promulgated September
 NESHAP (40 CFR Part 61 Subpart L).                 14, 1989 (54 FR
                                                    38044) Amended
                                                    September 19, 1991
                                                    (56 FR 47404)
Inland Steel Coke Battery Shutdowns         6,666  Approved June 15,
 (326 IAC 6-1-10.1(k)(5)) (40 CFR                   1995 (60 FR 31412)
 52.770(c)(99)).
Reformulated Gasoline Use in Small            575  Promulgated February
 Engines (40 CFR Part 80).                          16, 1994 (59 FR
                                                    7716)
New Small Engine Emission Standards         6,034  Promulgated July 3,
 (40 CFR Part 90).                                  1995 (60 FR 34581)
Volatile Organic Liquid Storage             2,700  Approved January 17,
 Reasonably Available Control                       1997 (62 FR 2593)
 Technology (326 IAC 8-9) (40 CFR
 52.770(c)(111)).
Coke Oven NESHAP (40 CFR Part 63            6,314  Promulgated October
 Subpart L).                                        27, 1993 (58 FR
                                                    57911)
    Total Emission Reduction.......        77,660
------------------------------------------------------------------------

    In determining what control measures a State can use in its Post-
1996 ROP Plan strategy, emission reductions from control measures are 
creditable to the extent they occur before November 15, 1999. The 
General Preamble for the Implementation of Title I of the Act also 
interprets and clarifies the Act's requirements for crediting control 
strategies. The Preamble provides that all credited emission reductions 
must be real, permanent, and enforceable, and discusses how these 
criteria can be met with specific strategies (57 FR 13497). EPA has 
explained these requirements in more detail in the guidance documents 
listed in this Federal Register.
The Post-1996 ROP Plan Control Strategies; Emission Reduction 
Calculations
    To achieve the required 9% VOC emission reduction requirement, IDEM 
reviewed and chose the following emission control measures.
    Coke Oven By-Product Recovery Plants NESHAP. This Federal NESHAP at 
40 CFR Part 61, Subpart L, applies to all furnace and foundry coke oven 
by-product recovery plants. The NESHAP requires the use of gas 
blanketing to control emissions from tar intercepting sumps, process 
vessels, and naphthalene processing operations. The NESHAP also covers 
controlling emissions from equipment leaks, coolers, and light oil 
processes.
    As noted above, Indiana promulgated rule 326 IAC 14-9 in 1988, 
covering some of the emissions for this source category. It was 
scheduled for implementation in 1990, but was actually implemented in 
1991. EPA approved the rule as part of the State's Reasonably Available 
Control Technology (RACT) SIP on September 17, 1992 (57 FR 42889).
    IDEM has requested credit in its Post-1996 ROP Plan for reductions 
from coke oven by-product recovery plants that went beyond rule 326 IAC 
14-9. EPA believes this approach is consistent with EPA guidance which 
provides that only the emission reductions from NESHAPS that go beyond 
RACT rules in existence before November 15, 1990, can be credited in 
ROP plans. Based on this guidance, the State determined the emission 
reduction resulting from the NESHAP that went beyond that of rule 326 
IAC 14-9.
    IDEM has determined that the NESHAP has resulted in additional VOC 
emission reductions of 45,300 pounds/day at the US Steel mill and 
10,071 pounds/day at the Bethlehem Steel mill, for a total additional 
VOC emission reduction of 55,371 pounds/day.
    Furthermore, EPA has determined that while the reductions from 326 
IAC 14-9 are not creditable toward the 9% reduction requirements, they 
should be removed from the baseline emission inventory before 
determining the required reductions for the ROP purposes. This approach 
acknowledges that while these reductions were not actually made before 
1990, they are also not part of the 1990 Act's ROP process.
    Inland Steel Coke Oven Battery Shutdowns. Indiana rule 326 IAC 6-1-
10.1(k)(5) (adopted by the State in March 1993), required Inland Steel 
Flat Products to shut down coke batteries numbers 6 through 11 before 
November 1996. Inland Steel no longer holds a valid operating permit 
for these coke batteries. In addition, based on a consent decree 
between the State and Inland Steel, Inland Steel cannot bank the VOC 
emission reductions from these coke battery closures for future use. 
IDEM considers them to be permanent emission reductions.
    IDEM notes that, since it found emissions from the coke oven by-
products recovery to be higher than was originally reported in the 1990 
base year inventory, additional emission reduction credits are 
available. Note that IDEM increased the 1990 base year VOC emissions in 
this source category, as discussed above.
    To calculate the emission reduction credit for this source, IDEM 
had to take into account emission reduction credits already applied in 
prior submittals, in particular in the 15 percent ROP plan, to avoid 
double counting. IDEM increased the resolution of the emissions 
inventory for this source so that it could consider the impacts of the 
previously implemented rule 326 IAC 14-9 and previously credited 
controls.
    IDEM found that it could credit an additional VOC emission 
reduction (beyond that credited in the 15 percent ROP plan) of 6,666 
pounds/day to the Inland Steel coke oven battery shutdowns. The IDEM 
submittal credits 6,288 pounds/day to the 9 percent ROP emission 
reduction requirement, and

[[Page 4129]]

378 pounds/day to the 3 percent contingency requirement. However, EPA 
is today crediting the full 6,666 pounds VOC/day toward the 9% 
requirement. This excess reduction accounts for discrepancies 
identified in other sections of IDEM's submittal.
    IDEM had credited a VOC emission reduction of 3,984 pounds/day for 
this source closure in prior air quality plan submittals, and is not 
taking credit for that portion in the 9 percent post-1996 ROP Plan.
    Effects of Reformulated Gasoline on Small, Non-Road Engines. The 
emission reduction for this source category applies to 2-stroke and 4-
stroke non-road engines. The emission reduction results from the 
implementation of the Act's requirement for the use of reformulated 
gasoline in ozone nonattainment areas classified as severe and above.
    To determine the emission reduction credit, IDEM used August 1993 
guidance from EPA to calculate the emission reduction by engine type. 
The emission reductions only apply to exhaust and evaporative 
emissions. Based on the EPA guidance, IDEM did not account for emission 
reductions resulting from changes in refueling emissions.
    Tables 1 and 17 of the Post-1996 ROP Plan, document a VOC emission 
reduction of 1,292 pounds/day for this source category. However, the 
detailed emissions summary contained in Appendix C-1 of the submittal 
calculates a VOC emission reduction of 575 pounds per day. The emission 
reductions achieved by the use of reformulated gasoline in small, non-
road engines and the regulation for new small engines need to be 
calculated together, since both affect small engines. A calculation 
error was made when disaggregating the results of that analysis. In 
Tables 1 and 7, 715 pounds VOC/day were inadvertently shifted from the 
emissions listed for the ``new small engine standards'' to the 
emissions reduction credited for ``effects of reformulated gasoline on 
small, non-road engines.'' This approval corrects that error and 
credits the effects of reformulated gasoline on small, non-road engines 
with a 575 pound VOC/day emission reduction.
    When this error was made, an additional 2 pounds VOC/day were added 
to the effects of reformulated gasoline on small, non-road engines. 
This 2 pound deficit will be made up by the excess credit for the 
Inland Steel coke oven battery shutdowns. In IDEM's submittal, it only 
took credit for Inland Steel coke oven battery shutdowns for 6,288 out 
of a total 6,666 pounds VOC/day. This approval more than makes up the 2 
pound deficit by applying all 6,666 pounds VOC/day to the Post-1996 9% 
reduction.
    New Small Engine Standards. IDEM calculated the impact of new 
federal standards codified at 40 CFR Part 90 for small engines by 
following November 28, 1994, EPA guidance titled ``Future Non-road 
Emission Reduction Credits for Court-Ordered Non-Road Standards''. IDEM 
determined the emission impacts for each equipment type and engine type 
in Lake and Porter Counties. Appendix C-2 of the Post-1996 ROP Plan 
submittal specifies the emission reduction for each equipment and 
engine type combination by county. IDEM calculated emission impacts 
after removing the impacts of reformulated gasoline, as specified in 
the EPA guidance.
    IDEM determined, as demonstrated in Appendix C-2 of the Post-1996 
ROP Plan, that the small engine standards would reduce 1999 emissions 
by 6,034 pounds VOC/day. However, tables 1 and 18 of the Post-1996 ROP 
submittal document a VOC emission reduction from this control category 
equaling only 5,319 pounds/day.
    As noted above, IDEM inadvertently shifted 715 pounds VOC/day to 
reformulated gasoline when listing the measures in the tables. EPA has 
made this correction to the tables in today's Federal Register. The new 
small engine standard is being credited at 6,034 pounds VOC/day 
reduction.
    Volatile Organic Liquid Storage Reasonably Available Control 
Technology. The VOC impact of this control is based on the calculated 
impacts of State rule 326 IAC 8-9, adopted by the Indiana Air Pollution 
Control Board on May 3, 1995 and approved by EPA on January 17, 1997 
(62 FR 2593). This rule became effective in Indiana on October 1, 1995, 
and was to be phased in over several years, with most sources needing 
to comply by May 1, 1996. The rule applies to storage vessels with a 
capacity greater than 39,000 gallons that are used to store volatile 
organic liquids with a maximum true vapor pressure of 1.52 pounds per 
square inch or greater.
    The rule requires the use of internal floating roofs with vapor-
mounted primary and secondary seals with controlled fittings in fixed 
roof tanks. It also requires the replacement of vapor-mounted primary 
seals with liquid-mounted primary seals or shoe seals and installation 
of secondary seals with controlled fittings in external floating roof 
tanks.
    The emission reduction total for this control measure assumes a VOC 
emission reduction of 96 percent in fixed roof tanks, 29 percent in 
internal floating roof tanks, and 65 percent for external floating roof 
tanks. The emission reduction calculation also assumes an 80 percent 
rule effectiveness level.
    All external floating roof tanks have to comply with the State rule 
by May 1, 1996. Existing internal floating roof tanks have up to 10 
years to comply with the rule. IDEM only claims an emission reduction 
credit for external floating roof tanks and fixed roof tanks.
    This approval credits a VOC emission reduction of 2,700 pounds VOC/
day for this source control measure in 1999, documented in Table 21 and 
Appendix C-5 of the Post-1996 ROP submittal.
    Coke Oven Batteries NESHAP. The coke oven batteries NESHAP, 
promulgated by EPA on October 27, 1993, and codified at 40 CFR Part 63, 
Subpart L, applies to all coke oven batteries in existence prior to 
December 4, 1992, including by-product and nonrecovery coke oven 
batteries, and to all new coke oven batteries constructed on or after 
December 4, 1992. The rule mandates emission limits and/or controls for 
door leaks, topside port leaks, offtake system leaks, visible 
emissions, and charging systems.
    IDEM calculated the emission reductions based on EPA guidance in 
the preamble to the 1993 NESHAP (58 FR 57898). Appendix C-4 of the ROP 
Plan submittal documents in detail the individual source calculations 
used by IDEM to calculate the total VOC emission reduction. This 
approval credits a total VOC reduction of 6,314 pounds/day.

IV. EPA Analysis of IDEM Submittal

What guidance documents and requirements apply to the Post-1996 ROP 
Plan submittal?

    EPA has developed a number of guidelines specifically addressing 
the review of Post-1996 ROP Plans. In addition, EPA guidelines 
concerning the review of 15 percent ROP plans (1996 ROP plans) address 
many issues of relevance in the review of the Post-1996 ROP Plans. 
These documents address such topics as: (1) the requirements of the 
Act; (2) development of baseline and target emission estimates; (3) 
emission inventory projection procedures; and, (4) recommended emission 
reduction levels for various emission control measures.

Rate-of-Progress Plan Policy References

    1. Clean Air Act (42 U.S.C. 7401-7626), as amended November 15, 
1990.

[[Page 4130]]

    2. Procedures for Preparing Emissions Projections, EPA-450/4-91-
019, Environmental Protection Agency, July 1991.
    3. ``State Implementation Plans; General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 
Proposed Rule, Federal Register, 57 FR 13498, April 16, 1992.
    4. Memorandum, ``November 15, 1992, Deliverables for Reasonable 
Further Progress and Modeling Emission Inventories,'' from J. David 
Mobley, Edwin L. Meyer, and G.T. Helms, Office of Air Quality 
Planning and Standards, Environmental Protection Agency, August 7, 
1992.
    5. 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, October 1992.
    6. Memorandum, ``Quantification of Rule Effectiveness 
Improvements,'' from G.T. Helms, Office of Air Quality Planning and 
Standards, Environmental Protection Agency, October 1992.
    7. Guidance for Growth Factors, Projections, and Control 
Strategies for the 15 Percent Rate-of-Progress Plans, EPA-452/R-93-
002, March 1993.
    8. Memorandum, ``Correction to `Guidance on the Adjusted Base 
Year Emissions Inventory and the 1996 Target for the 15 Percent Rate 
of Progress Plans','' from G.T. Helms, Office of Air Quality 
Planning and Standards, Environmental Protection Agency, March 2, 
1993.
    9. Memorandum, ``15 Percent Rate-of-Progress Plans,'' from G.T. 
Helms, Office of Air Quality Planning and Standards, Environmental 
Protection Agency, March 16, 1993.
    10. 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, May 1993.
    11. Memorandum, ``Credit Toward the 15 Percent Rate-of-Progress 
Reductions from Federal Measures,'' from G.T. Helms, Ozone/Carbon 
Monoxide Programs Branch, and Susan Wyatt, Chemicals and Petroleum 
Branch, Office of Air Quality Planning and Standards, Environmental 
Protection Agency, May 6, 1993.
    12. Guidance on Preparing Enforceable Regulations and Compliance 
Programs for the 15 Percent Rate-of-Progress Plans, EPA-452/R-93-
005, June 1993.
    13. Memorandum, ``Correction Errata to the 15 Percent Rate-of-
Progress Plan Guidance Series,'' from G.T. Helms, Office of Air 
Quality Planning and Standards, Environmental Protection Agency, 
July 28, 1993.
    14. Memorandum, ``Early Implementation of Contingency Measures 
for Ozone and Carbon Monoxide (CO) Nonattainment Areas,'' from G.T. 
Helms, Office of Air Quality Planning and Standards, Environmental 
Protection Agency, August 13, 1993.
    15. Memorandum, ``Region III Questions on Emission Projections 
for the 15 Percent Rate-of-Progress Plans,'' from G.T. Helms, Office 
of Air Quality Planning and Standards, Environmental Protection 
Agency, August 17, 1993.
    16. Memorandum, ``VOC Emission Benefits for Nonroad Equipment 
with the Use of Federal Phase I Reformulated Gasoline,'' from Phil 
Lorang, Office of Mobile Sources, Environmental Protection Agency, 
August 18, 1993.
    17. Memorandum, ``Guidance on Issues Related to 15 Percent Rate-
of-Progress Plans,'' from Michael H. Shapiro, Acting Assistant 
Administrator for Air and Radiation, Environmental Protection 
Agency, August 23, 1993.
    18. Memorandum, ``Credit Toward the 15 Percent Requirements from 
Architectural and Industrial Maintenance Coatings,'' from John S. 
Seitz, Office of Air Quality Planning and Standards, Environmental 
Protection Agency, September 10, 1993.
    19. Memorandum, ``Reclassification of Areas to Nonattainment and 
15 Percent Rate-of-Progress Plans,'' from John S. Seitz, Office of 
Air Quality Planning and Standards, Environmental Protection Agency, 
September 20, 1993.
    20. Memorandum, ``Clarification of Guidance for Growth Factors, 
Projections and Control Strategies for the 15 Percent Rate of 
Progress Plans,'' from G.T. Helms, Office of Air Quality Planning 
and Standards, Environmental Protection Agency, October 6, 1993.
    21. Memorandum, ``Review and Rulemaking on 15 Percent Rate-of-
Progress Plans,'' from G.T. Helms, Office of Air Quality Planning 
and Standards, Environmental Protection Agency, October 6, 1993.
    22. Memorandum, ``Questions and Answers from the 15 Percent 
Rate-of-Progress Plan Workshop,'' from G.T. Helms, Office of Air 
Quality Planning and Standards, Environmental Protection Agency, 
October 29, 1993.
    23. Memorandum, ``Rate-of-Progress Plan Guidance on the 15 
Percent Calculations,'' from D. Kent Berry, Acting Director, Air 
Quality Management Division, Environmental Protection Agency, 
October 29, 1993.
    24. Memorandum, ``Clarification of Issues Regarding the 
Contingency Measures That are Due November 15, 1993, for Moderate 
and Above Ozone Nonattainment Areas,'' from D. Kent Berry, Acting 
Director, Air Quality Management Division, Environmental Protection 
Agency, November 8, 1993.
    25. Memorandum, ``Credit for 15 Percent Rate-of-Progress Plan 
Reductions from the Architectural and Industrial Maintenance (AIM) 
Coating Rule,'' from John S. Seitz, Director, Office of Air Quality 
Planning and Standards, Environmental Protection Agency, December 9, 
1993.
    26. Memorandum, ``Transmittal of NO<INF>X</INF> Substitution 
Guidance, `` from John S. Seitz, Director, Office of Air Quality 
Planning and Standards, Environmental Protection Agency, December 9, 
1993.
    27. Guidance on the Post-1996 Rate-of-Progress Plan and the 
Attainment Demonstration, EPA-452/R-93-015, January 1994.
    28. Memorandum, ``Rule Effectiveness Guidance: Integration of 
Inventory, Compliance, and Assessment Applications,'' from G.T. 
Helms, Office of Air Quality Planning and Standards, Environmental 
Protection Agency, January 21, 1994.
    29. Memorandum, ``Post-1996 Rate-of-Progress Plan Guidance for 
Ozone Nonattainment Areas,'' from G.T. Helms, Office of Air Quality 
Planning and Standards, Environmental Protection Agency, January 24, 
1994.
    30. Memorandum, ``Guidance on Projection of Nonroad Inventories 
to Future Years,'' from Philip A. Lorang, Director, Emission 
Planning and Strategies Division, Office of Air and Radiation, 
Environmental Protection Agency, February 4, 1994.
    31. Memorandum, ``Post-1996 Rate-of Progress Plan Guidance for 
Ozone Nonattainment Areas,'' from G.T. Helms, Office of Air Quality 
Planning and Standards, Environmental Protection Agency, February 
22, 1994.
    32. Memorandum, ``Clarification of Policy for Nitrogen Oxides 
(NO<INF>X</INF>) Substitution,'' from John S. Seitz, Director, 
Office of Air Quality Planning and Standards, Environmental 
Protection Agency, August 5, 1994.
    33. Memorandum, ``Future Nonroad Emission Reduction Credits for 
Court-Ordered Nonroad Standards,'' from Philip A. Lorang, Director, 
Emission Planning and Strategies Division, Office of Air and 
Radiation, Environmental Protection Agency, November 28, 1994.
    34. Memorandum, ``Credit for the 15 Percent Rate-of-Progress 
Plans for Reductions from the Architectural and Industrial 
Maintenance (AIM) Coating Rule and the Autobody Refinishing Rule,'' 
from John S. Seitz, Director, Office of Air Quality Planning and 
Standards, Environmental Protection Agency, November 29, 1994.
    35. Memorandum, ``Transmittal of Rule Effectiveness Protocol for 
1996 Demonstrations,'' from Susan E. Bromm, Director, Chemical, 
Commercial Services and Municipal Division, Office of Compliance, 
Environmental Protection Agency, December 22, 1994.
    36. Memorandum, ``Future Nonroad Emission Reduction Credits for 
Locomotives,'' from Philip A. Lorang, Director, Emission Planning 
and Strategies Division, Office of Air and Radiation, Environmental 
Protection Agency, January 3, 1995.
    37. Memorandum, ``Ozone Attainment Demonstration,'' from Mary 
Nichols, Assistant Administrator, Office of Air and Radiation, 
Environmental Protection Agency, March 2, 1995.
    38. Memorandum, ``Credit for the 15 Percent Rate-of-Progress 
Plans for Reductions from the Architectural and Industrial 
Maintenance (AIM) Coating Rule,'' from John S. Seitz, Director, 
Office of Air Quality Planning and Standards, Environmental 
Protection Agency, March 22, 1995.
    39. Memorandum, ``Fifteen Percent Rate-of-Progress Plans--
Additional Guidance,'' from John S. Seitz, Director, Office of Air 
Quality Planning and Standards, Environmental Protection Agency, May 
5, 1995.
    40. Memorandum, ``Regulatory Schedule for Consumer and 
Commercial Products under Section 183(e) of the Clean Air Act,'' 
from John S. Seitz, Director, Office of Air Quality Planning and 
Standards,

[[Page 4131]]

Environmental Protection Agency, June 22, 1995.
    41. Memorandum, ``Update on the Credit for the 15 Percent Rate-
of-Progress Plans for Reductions from the Architectural and 
Industrial Maintenance Coating Rule,'' from John S. Seitz, Director, 
Office of Air Quality Planning and Standards, Environmental 
Protection Agency, March 7, 1996.

Why Was the 1996 15 Percent ROP Target Level for Lake and Porter 
Counties Recalculated?

    The 15% plan target emission level needed to be recalculated 
because IDEM has revised the 1990 VOC emission inventory. The Post-1996 
ROP Plan uses the 15% plan's 1996 target level as a starting point. 
IDEM calculated the 1999 target emission level directly from this 1996 
target level. IDEM then subtracted the 1999 target emission level from 
the projected 1999 inventory to determine how much VOC emission 
reductions are needed. In this manner, instead of revisiting the 15% 
plan, the Post-1996 ROP Plan has to provide for ample reductions to 
meet the 1999 target.

How Was the 1996 Target Emission Level for Lake and Porter Counties 
Recalculated?

------------------------------------------------------------------------
                                                             Pounds  VOC/
        Recalculation of 1996 target emission level              day
------------------------------------------------------------------------
1990 Total VOC Emissions...................................      620,070
1990 Rate-Of-Progress Emissions (A) (Anthropogenic               577,190
 Emissions Only)...........................................
1990-1996 Non-creditable Reductions........................      187,591
1990 Adjusted Base Year Emissions (B) (1990 ROP Emissions        389,599
 minus non-creditable reductions)..........................
15 Percent of 1990 Adjusted Base Year Emissions (C)........       58,440
1996 Target Emission Level (B)-(C).........................     331,159
------------------------------------------------------------------------
1990-1996 Non-Creditable Reductions: Coke Oven By-Product
  Recovery=129,913 pounds VOC/day; Federal Motor Vehicle Control Program
  (FMVCP)=59,950 pounds VOC/day; Reid Vapor Pressure (RVP)=728 pounds
  VOC/day.

    To determine the 1990 adjusted base year inventory, IDEM started 
with the 1990 base year emission inventory approved by EPA on January 
4, 1995 (60 FR 375), which EPA found met the requirements of sections 
172(c)(3) and 182(a)(1) of the Act for Lake and Porter Counties. IDEM 
then revised the inventory as described earlier. The revision resulted 
in total 1990 adjusted base year emissions of 620,070 pounds VOC/day. 
IDEM subtracted biogenic emissions and emissions from outside Lake and 
Porter Counties from the 1990 base year inventory to determine that the 
1990 ROP inventory level is 577,190 pounds VOC/day.
    IDEM used EPA's Mobile Source Emissions Model (MOBILE) 5a to 
calculate the emission reductions from the pre-1990 FMVCP and 1990 RVP 
regulations; IDEM then subtracted these reductions and the emission 
reductions from coke oven by-product recovery plants from the 1990 ROP 
inventory level to find the 1990 adjusted base year inventory level of 
389,599 lbs VOC/day.
    IDEM then multiplied the adjusted base year emissions by 15% 
resulting in a required reduction of 58,440 pounds VOC/day. To obtain 
the 1996 emission target level, IDEM subtracted the 15% required 
emission reductions from the 1990 ROP emissions resulting in a 1996 
target level of 331,159 pounds VOC/day.

How Was the Post-1996 ROP Plan Required Emission Reduction Calculated?

               9% ROP Summary For Lake and Porter Counties
------------------------------------------------------------------------
                                                             Pounds  VOC/
           Calculation of reduction needs by 1999                day
------------------------------------------------------------------------
1990 Lake and Porter Counties Total VOC Emissions (A)......      620,070
1990 Rate-Of-Progress Emissions (B) (Anthropogenic               577,190
 Emissions Only)...........................................
1990-1999 Non-creditable Reductions........................      224,841
1990 Adjusted Base Year Emissions (C) (1990 ROP Emissions        352,349
 minus Noncreditable Reductions)...........................
9 Percent of 1990 Adjusted Base Year Emissions (D).........       31,711
FMVCP Fleet Turnover Correction (The difference between            7,427
 1996 and 1999 FMVCP implementation).......................
1996 Emission Target Level.................................      331,159
1999 Target Emission Level (E) (1996 Emissions Target Level      292,021
 minus 9% and fleet turnover)..............................
Projected 1999 VOC Emissions (F) (1990 Adjusted Base Year        369,387
 Emissions plus Growth Factors)............................
ROP Reduction Requirement to achieve 9 percent net of            77,366
 growth (G) (1999 Projected Emission (F) minus 1999 Target
 Level (E))................................................
------------------------------------------------------------------------
1990-1999 Non-Creditable Reductions: Coke Oven By-Product
  Recovery=159,736 pounds VOC/day; Federal Motor Vehicle Control Program
  (FMVCP)=64,377 pounds VOC/day; Reid Vapor Pressure (RVP)=728 pounds
  VOC/day.
(A) IDEM revised the ``1990 Lake and Porter Counties total VOC
  emissions'', as described earlier, resulting in 1990 emissions of
  620,070 pounds VOC/day.
(B) IDEM determined the ``1990 ROP emissions'' (577,190 pounds VOC/day)
  by subtracting from the 1990 total emissions the biogenic emissions
  and emissions outside of the nonattainment area.
(C) IDEM calculated the ``1990 adjusted base year emissions'' as 351,440
  pounds VOC/day by subtracting from the 1990 ROP inventory any non
  creditable emission reductions which are projected to occur between
  1990 and 1999. EPA slightly revised IDEM's calculations when a
  computational error was found. The corrected ``1990 adjusted base year
  emissions'' are 352,349 pounds VOC/day. This correction results in a
  higher adjusted base year and affects each of the remaining
  computations, except for the 1999 projected VOC emissions.
(D) EPA calculated the ``9% of adjusted base year emissions'' as 31,711
  pounds VOC/day by multiplying the 1990 adjusted base year inventory by
  9%.
(E) EPA calculated the ``1999 emissions target level'' as 292,021 pounds
  VOC/day by subtracting from the 1996 emission target level inventory
  the FMVCP fleet turnover correction and the 9% reduction requirement.
(F) IDEM calculated the ``1999 projected VOC emissions'' as 369,387
  pounds VOC/day. In the Post-1996 ROP Plan, IDEM projected the point,
  area, and non-road mobile source emission inventories using either
  source-supplied data, population forecasts, historical data, or, the
  U.S. Department of Commerce Bureau of Economic Analysis (BEA) regional
  growth data. IDEM included in the Post-1996 ROP Plan the growth
  factors used together with documentation for the assumptions made.
IDEM projected the on-road mobile source emission inventory using
  MOBILE5a. IDEM calculated these growth estimates in a manner
  consistent with EPA's guidance documents.
(G) EPA then determined the ``ROP reduction requirement to achieve 9
  percent net of growth'' as 77,366 pounds VOC/day by subtracting the
  1999 emission target level from the 1999 projected VOC emissions.

Why is EPA approving the Post-1996 ROP Plan submittal?

    The Post-1996 ROP Plan satisfies the requirements of the Clean Air 
Act. Specifically, the plan:
    <bullet> Revises the 1990 base year emission inventory,
    <bullet> Identifies control measures to achieve a projected 9% VOC 
emissions reductions in Lake and Porter Counties,
    <bullet> Documents the 9% reductions to occur by November 15, 1999, 
and,
    <bullet> Identifies a 1999 mobile source emissions budget for VOC.
    The Post-1996 ROP Plan projects reductions in VOC emissions in Lake 
and Porter Counties of 77,660 pounds VOC/day. This exceeds the required 
reduction of 77,366 pounds VOC/day. Indiana can use the excess 
reduction of 294 pounds VOC/day toward meeting future ROP emission 
reduction requirements.

[[Page 4132]]

    Section 182(c)(2)(B) of the Act requires submittal of a 
demonstration that the SIP will result in a 9% emission reduction by 
November 15, 1999. This 9% needs to be in addition to the emission 
reduction requirement for a 15% reduction by November 15, 1996. Indiana 
submitted the demonstration as part of the Post-1996 ROP Plan.

V. Final Rulemaking Action

    EPA approves Indiana's Post-1996 ROP Plan, including the 1990 
inventory adjustments, submitted December 17, 1997, and January 22, 
1998, for Lake and Porter Counties, as a revision to the SIP. Final 
approval of the Post-1996 ROP Plan also approves the 1999 mobile source 
emission budget of 40,897 pounds VOC per summer day.
    This action will be effective on March 27, 2000.
    EPA is publishing this action without prior proposal because EPA 
views this as a noncontroversial revision and anticipates no adverse 
comments. However, in a separate document in this Federal Register 
publication, EPA is proposing to approve the SIP revision should 
adverse written comments be filed. This action will be effective 
without further notice unless EPA receives relevant adverse written 
comment by February 25, 2000. Should the Agency receive such comments, 
it will publish a withdrawal informing the public that this action will 
not take effect. Any parties interested in commenting on this action 
should do so at this time. If no such comments are received, this 
action will be effective on March 27, 2000.

VI. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order (E.O.) 12866, entitled 
``Regulatory Planning and Review.''

B. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is 
determined to be ``economically significant'' as defined under E.O. 
12866, and (2) concerns an environmental health or safety risk that EPA 
has reason to believe may have a disproportionate effect on children. 
If the regulatory action meets both criteria, the Agency must evaluate 
the environmental health or safety effects of the planned rule on 
children, and explain why the planned regulation is preferable to other 
potentially effective and reasonably feasible alternatives considered 
by the Agency.
    This rule is not subject to E.O. 13045 because it does not involve 
decisions intended to mitigate environmental health or safety risks.

C. Executive Order 13084

    Under E.O. 13084, EPA may not issue a regulation that is not 
required by statute, that significantly affects or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments. If the mandate is unfunded, 
EPA must provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation.
    In addition, E.O. 13084 requires EPA to develop an effective 
process permitting elected and other representatives of Indian tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory policies on matters that significantly or uniquely affect 
their communities.'' Today's rule does not significantly or uniquely 
affect the communities of Indian tribal governments. Accordingly, the 
requirements of section 3(b) of E.O. 13084 do not apply to this rule.

D. Executive Order 13132

    Federalism (64 FR 43255, August 10, 1999) revokes and replaces E.O. 
12612 (Federalism) and E.O. 12875 (Enhancing the Intergovernmental 
Partnership). E.O. 13132 requires EPA to develop an accountable process 
to ensure ``meaningful and timely input by State and local officials in 
the development of regulatory policies that have federalism 
implications.'' ``Policies that have federalism implications'' is 
defined in the E.O. to include regulations that have ``substantial 
direct effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.'' Under E.O. 
13132, EPA may not issue a regulation that has federalism implications, 
that imposes substantial direct compliance costs, and that is not 
required by statute, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by State and 
local governments, or EPA consults with State and local officials early 
in the process of developing the proposed regulation. EPA also may not 
issue a regulation that has federalism implications and that preempts 
State law unless the Agency consults with State and local officials 
early in the process of developing the proposed regulation.
    This final rule will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in E.O. 13132, because it 
merely approves a state rule implementing a federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. Thus, the 
requirements of section 6 of the E.O. do not apply to this rule.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions.
    This final rule will not have a significant impact on a substantial 
number of small entities because SIP approvals under section 110 and 
subchapter I, part D of the Clean Air Act do not create any new 
requirements but simply approve requirements that the State is already 
imposing. Therefore, because the Federal SIP approval does not create 
any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities.
    Moreover, due to the nature of the Federal-State relationship under 
the Clean Air Act, preparation of flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
Clean Air Act forbids EPA to base its actions concerning SIPs on such 
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 
42 U.S.C. 7410(a)(2).

F. Unfunded Mandates 

    Under Section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must

[[Page 4133]]

prepare a budgetary impact statement to accompany any proposed or final 
rule that includes a Federal mandate that may result in estimated 
annual costs to State, local, or tribal governments in the aggregate; 
or to the private sector, of $100 million or more. Under Section 205, 
EPA must select the most cost-effective and least burdensome 
alternative that achieves the objectives of the rule and is consistent 
with statutory requirements. Section 203 requires EPA to establish a 
plan for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated annual costs of 
$100 million or more to either State, local, or tribal governments in 
the aggregate, or to the private sector. This Federal action approves 
pre-existing requirements under State or local law, and imposes no new 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

G. Submission to Congress and the Comptroller General 

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This rule is not a ``major'' rule as defined by 5 U.S.C. 
804(2).

H. National Technology Transfer and Advancement Act 

    Section 12 of the National Technology Transfer and Advancement Act 
(NTTAA) of 1995 requires Federal agencies to evaluate existing 
technical standards when developing a new regulation. To comply with 
NTTAA, EPA must consider and use ``voluntary consensus standards'' 
(VCS) if available and applicable when developing programs and policies 
unless doing so would be inconsistent with applicable law or otherwise 
impractical.
    EPA believes that VCS are inapplicable to this action. Today's 
action does not require the public to perform activities conducive to 
the use of VCS.

I. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by March 27, 2000. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Intergovernmental relations, Ozone.

    Dated: January 6, 2000.
Francis X. Lyons,
Regional Administrator, Region 5.

    For the reasons stated in the preamble, part 52, chapter I, title 
40 of the Code of Federal Regulations 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 52.777 is amended by adding paragraph (u) to read as 
follows:


Sec. 52.777  Control Strategy: Photochemical oxidants (hydrocarbon).

* * * * *
    (u) On December 17, 1997, and January 22, 1998, Indiana submitted 
the Post-1996 rate-of-progress plan for the Lake and Porter Counties 
portion of the Chicago-Gary-Lake County ozone nonattainment area. This 
plan satisfies the counties' requirements under section 182(c)(2)(B) of 
the Clean Air Act, as amended in 1990. The plan contains a 1999 mobile 
source vehicle emission budget for volatile organic compounds of 40,897 
pounds per average summer day.
[FR Doc. 00-1558 Filed 1-25-00; 8:45 am]
BILLING CODE 6560-50-P