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Citation: 62 Fed. Reg. 24816 1997
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## 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(1) ofthe Actrequire that each SIPrevision meetreasonable notice and public hearingrequirements. The State ofIndiana submitted a portion ofthe Clark and Floyd Counties 15% ROP plan SIPrevision 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 at40 CFR Part 51, Appendix V (1991), as amended by 57 FR42216 (August 26, 1991). Because Indiana had not included fully adopted rules for allthe plan's control
measures, norheld a public hearing on the plan, the submittal was deemed incomplete. Subsequently, Indiana held

apublic 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 ofEnvironmental Management's (IDEM)response to comments were submitted onJuly 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 aJuly 17, 1995, letter to Indiana, the State was informed that the SIP submittal was deemed complete.

Indiana submitted a contingency plan with the 15% ROPplan pursuant to section 172(c)(9). EPAwill take action

on this plan in a separate rulemaking action. The contingency plan is a separate requirement ofthe Act, and approval ofthe contingency plan is not

aprerequisite for approval ofthe 15% ROP plan.


### III. Criteriafor15%ROPPlan Approvals

The requirements for 15% ROP plans

arefound in section 182(b)(1) ofthe Act, and the followingEPA guidance documents: 1.Procedures forPreparing Emissions Projections,EPA-450/4-91-019, Environmental Protection Agency, July 1991.

2. State Implementation Plans; General Preamble for the Implementation ofTitle I ofthe Clean Air Act Amendments of 1990; Proposed rule (57FR 13498), Federal Register, April 16, 1992 (General Preamble).

3. "November 15, 1992, Deliverables for Reasonable Further Progress and Modeling Emission Inventories," memorandum fromJ. David Mobley, Edwin L. Meyer, and G. T. Helms, Office ofAir Quality Planning and Standards, Environmental Protection Agency, August 7, 1992.

4. Guidanceon theAdjusted Base YearEmissionsInventoryandthe1996 Target forthe 15PercentRateof ProgressPlans,EPA-452/R-92-005, Environmental Protection Agency, October 1992.

5. "Quantification ofRule Effectiveness Improvements," memorandum from G.T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch, Office ofAir Quality Planning and Standards, Environmental Protection Agency, October 1992. 6. Guidance forGrowthFactors, Projections,and ControlStrategies for the 15PercentRate-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 ofProgress 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 ofAir Quality Planning and Standards, Environmental Protection Agency, March 16, 1993.

9. Guidanceon theRelationship Between the 15PercentRate-of-Progress PlansandOtherProvisionsofthe Clean AirAct, 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. GuidanceonPreparing EnforceableRegulationsand CompliancePrograms forthe 15Percent Rate-of-ProgressPlans,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 ofAir Quality Planning and Standards, Environmental Protection Agency, September 10, 1993.

17. "Reclassification ofAreas to Nonattainment and 15Percent Rate-ofProgress Plans," memorandum from John S. Seitz, Director, Office ofAir 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 AirQuality 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 ofAir 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 ProtectionAgency, October 29, 1993.

21. "Rate-of-Progress Plan Guidance

on the 15Percent Calculations," memorandum from D. Kent Berry, Acting Director, Air Quality Management Division, Environmental Protection Agency, October 29, 1993.

22. "Clarification ofIssues 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 ofAir 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,

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Director, Emission Planning and Strategies Division, Office ofAir 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 ofAir 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 ofAir 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 fromJohn S. Seitz, Director, Office ofAir Quality Planning and Standards,Environmental Protection Agency, November 29, 1994.

28. "Transmittal ofRule Effectiveness Protocol for 1996 Demonstrations," memorandum from Susan E. Bromm, Director, Chemical, Commercial Services and Municipal Division, Office ofCompliance, 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 ofAir 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 fromJohn S. Seitz, Director, Office ofAir Quality Planning and Standards,Environmental Protection Agency, March 22, 1995.

31. "Fifteen Percent Rate-of-Progress Plans-Additional Guidance," memorandum fromJohn S. Seitz, Director, Office ofAir 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 fromJohn S. Seitz, Director, Office ofAir 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 ofMobile Sources, and John S. Seitz, Director, Office ofAir Quality Planning and Standards, Environmental Protection Agency, August 13, 1996. 34. "Sample City Analysis: Comparison ofEnhanced Inspection and Maintenance (I/M)Reductions Versus Other 15 Percent Rate ofProgress 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) StateImplementation Plan (SIP) Approvals and the 'As Soon As Practicable' Test," memorandum from John S. Seitz, Director, Office ofAir Quality Planning and Standards, and Richard B. Ossias, Deputy Associate General Counsel, Division ofAir and Radiation, Office ofGeneral 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 byNovember 15, 1996, and how the plan's control strategy will

secure that reduction. The procedure for calculating the needed emission reduction is asfollows: (A) Calculate the "1990 ROP inventory" by subtracting from the area's "1990 base year inventory" I 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 occurbetween 1990 and 1996;2

1Sections 172(c)(3) and 182(a)(1) ofthe Act require that nonattainment plan provisions include

a comprehensive, accurate inventory of actual emissions which occurred in 1990 from all sources ofrelevant pollutants in thenonattainment area. This inventory provides an estimate ofthe amount ofVOC and oxides ofnitrogen produced by emission sources such as automobiles, powerplants and the use of consumer solvents in the household. Because the approval ofsuch 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 tobe calculated, as specified under section 182(b)(1)(B) of the Act. 

### (C)Calculate "15% ofadjusted base year emissions" bymultiplying the 1990 adjusted baseyear inventory by 15%;

(D) Calculatethe "total required reductions by 1996" by addingemission reductions from thepre-1990 FMVCP and 1990 RVP federalrules tothe 15% ofadjusted base year emissions calculation; 3



### (E)Calculatethe "1996 emissions targetlevel" by subtracting from the 1990 ROP baseyear inventory thetotal required reductionsby 1996; (F) Calculatethe "1996 projected emission estimate" by anumber of methods, such as adding growth factors tothe 1990 adjusted base-year inventory,or addinggrowth factors and required emission reductions to the 1990 ROP inventory; and

(G) Calculatethe "reduction required by 1996 to achieve 15% net ofgrowth" by subtracting the 1996target emissions levelfrom the 1996 projected emissions level.

In determining what control measures
a State canuse in its 15% ROPplan strategy, theAct provides under section 182(b)(1)(C) thatemission reductions fromcontrol measures are creditable to theextent that theyhave actually occurred before November 15, 1996. In keeping with this requirement, the General Preamble states that all credited emission reductions mustbereal, permanent, and enforceable, and that regulations needed to implement the plan's control strategy mustbe adopted and implemented bythe State by November 15, 1996.

The EPAhas reviewed the State's submittal for consistency with the requirements oftheAct andEPA guidance. A summaryofEPA's analysis isprovided below.

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

mean the total amounts ofactual VOC emissions from all anthropogenic sources in the ozone nonattainment areas during the calendar yearof 1990, excluding emissions that are eliminated by thepre-1990 FMVCP and 1990 RVP regulations. In the General Preamble, EPA interprets "calendar year" emissions to consist oftypical ozone season weekday emissions, based on the fact thatthe ozone National Ambient Air Quality Standard (NAAQS) (0.12parts per million, one-hour averaged) is generally exceeded or violated during ozone season weekdays when ozone precursoremissions and meteorological conditions are mostconducive to

ozoneformation. 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 ofemission reduction by 1996 for the area. 

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IV. Analysis ofClarkandFloyd Counties 15%ROPPlan

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 Clarkand 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 BaseYearEmissions ............................................................................................................................................... 10,175 Total Expected Emission Reductions by 1996 (15% ofAdjusted 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 toAchieve 15 Percent Netof Growth (1996 Projected Emissions minus 1996 Target Level)

........................... 17,109 

### Expected Reduction From Mandatory Controls Point Sources: VolatileOrganic Liquid (VOL) Storage Tanks Rule (326 IAC8-9)

............................................................................................. 142 Shipbuilding andShip RepairRule (326 IA C 8- 12)

.................................................................................................................... 1,164 Wood FurnitureCoating Rule (326 IA C8-11)

............................................................................................................................. 2,445 Area Sources: Automobile Refinishing Rule (326 IA C8- 10)

.............................................................................................................................. 1,172 Federal Architectural and Industrial Maintenance (AIM) Coatings Rule

...................................................................................... 750

Subtotal- Reductions From MandatoryControls

..................................................................................................................... 5,673 

### Expected ReductionsFrom Non MandatoryControls Mobile Sources: Low Reid Vapor Pressure (RVP) Gasoline Rule- Mobile Sources (326IAC 13-3)

................................................................... 3,800 Improved Basic Vehicle Inspection and Maintenance (I/M) Program (326 IAC 13-1.1)

............................................................. 2,200 Commuter Credits from K entucky Motorists

................................................................................................................................ 700 Ridesh aring Progra m .................................................................................................................................................................... 55 Area Sources: Stage IIGasoline Vapor Recovery Rule (326 IAC 8-4-6)

.......................................................................................................... 2,290 Lower RVP Gasoline Rule-Area Sources (326 IAC 13-3)

........................................................................................................ 787 ResidentialO penBurning (326 IA C4- 1)

..................................................................................................................................... 704 Municipal Solid Waste (MSW) Landfill Rule (326 IAC8-8)

......................................................................................................... 345 Point Sources: Rhodes,Inc. (Rhodes)ConstructionPermit

................................................................................................................................. 661

Subtotal- Reduction From Non MandatoryControls

............................................................................................................... 11,542

Total Creditable Reductions From 15%ROP Plan

.................................................................................................................. 17,215

A. Calculationofthe 1990Adjusted Base YearEmissionInventory

To determine the 1990 adjusted base year inventory, Indiana used its 1990 base year emission inventory as a startingpoint. This inventory was found by EPAto meet therequirements of sections 172(c)(3) and 182(a)(1) ofthe 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 ofthe inventory and made corrections to the inventory, accordingly. These corrections were included with the Clark and Floyd 15% ROPplan submittal and are being approved in today's action as a revision to the SIP (See section V ofthisrulemaking 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 theinventory.

Indiana used EPA's Mobile Source Emissions Model (MOBILE)5a emission factor model to determine the emission reductions from pre-1990 FMVCP and 1990 RVPregulations; the 1990 ROP inventory level minus these reductions equates to a 1990 adjusted base year inventory level of67,830 lbs VOC/day. Indiana's documentation includes the actual 1990motor 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 byEPA. 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 1990RVP.

B. 1996ROPTargetEmissionLevel

To calculate the 1996 target emission level for Clark and Floyd Counties, Indiana first multiplied the 1990 adjusted base year inventory by 0.15to determine that the 15% required emission reduction by 1996 is 10,175 lbs VOC/day. Then, 18,985 lbs VOC/day ofreductions from noncreditable control

measures (pre-1990FMVCP 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

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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 statingthe origin ofthe number used in the calculations.

C.ProjectedEmissionInventory

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 toproject, the U.S. Department ofCommerce Bureau ofEconomic 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. CreditableReductionsFrom Control Measures

From the calculation ofthe 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% ROPplan does meet this requirement. The total creditable emission reduction achieved bythe 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 ofthe sources or source categories which are expected tobe affected by each control measure, the sources' projected 1996 emissions without controls, and the assumptions used to estimatehow 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" (MRIdocument), which

was contracted byEPA to assist Indiana in developing the 15% ROP plan.

A review ofthe emission reduction credit taken for each control measure follows:
VOL Storage Rule
SIPrule 326 IAC 8-9 requires special roofdesign and sealing requirements for certain VOL storage vessels. Indiana is only taking credit from controls on fixed rooftanks located in Floyd County. The rule's control requirements for fixed rooftanks are assumed to have an overall control efficiency estimate of 96%, with a rule effectiveness of80%. An emission reduction of 142 lbs VOC/ day has been claimed from this rule, which is acceptable. Shipbuilding and Ship Repair Rule

SIPrule 326 IAC 8-12 requires shipbuilding and ship repair operations
to comply with certain low-VOCcoating requirements, coating thinning limitations, and VOC-reducing work practices. One source, Jeffboat, is affected by this rule.Jeffboat isrequired to usewater based weld-through (shop) preconstruction primer with aVOC
content ofzero. This limitis significantly tighter than EPA's Control Techniques Guideline limit of5.42 lbs VOC/gallon forpreconstruction 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
SIPrule 326 IAC 8-11 requires wood furniture coatingoperations to comply with certain low-VOCcoating 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 of32% is a more accurate estimate. The rule effectiveness is assumed tobe 80%. An emission reduction claim of2,445 lbs VOC/day from this rule is acceptable.

Federal AIM Coatings Rule

Pursuant to section 183(e) ofthe Act, EPA proposed on June 25, 1996 (61 FR 32729) a national rule requiring manufacturers ofAIM coatings to meet certain VOCcontent limitations. The March 7, 1996, EPA memorandum "Update on the Creditfor the 15Percent 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 ofthe rule has been delayed. Based on this policy, Indiana has claimed 750 lbs VOC/day in emission reduction, which is acceptable.

Automobile Refinishing Rule

SIPrule 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 workpractices toreduce VOC. To improverule effectiveness, this rule also requires refinishing coating suppliers in the area to sell only coatings which meet the VOClimits 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 bythis 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
SIPrule 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 tobe 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 topreexisting I/Mprograms in their 15% ROP plans because such improvements achieve more VOC emission reductions than most, if not all other, control

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strategies. Formany States, however, actual emission reductions from these improvements will not occur until after 1996. This is due to the substantial amount oftime needed to re-design I/M programs in response to the September 18, 1995, revisions to EPA's I/M regulations (60 FR48029) and/or the
enactment ofthe National Highway Systems Designation Act of 1995 (NHSDA),to secure State legislative approval when necessary, and to set up the infrastructure to perform thetesting program.

Given the heavy reliance by many States on upgrading I/Mto help satisfy 15% ROP planrequirements, and the
recent NHSDA and regulatory changes regarding I/M, EPAhas recognized that it is not possible for many States to achieve emission reductions attributable
to I/M improvements byNovember 15, 1996. Under these circumstances, disapproval ofthe 15% ROP plan SIPs would serve no purpose. Consequently, under certain circumstances, EPA will allow States thatpursue re-design of their I/M program toreceive emission reduction credit for their 15% ROP plans, even though the emission reductions from I/Mwill occur after November 15, 1996.

Specifically, the EPA will approve a 15% ROP SIP if the emission reductions from a revised I/Mprogram, as well as from the other 15% ROP plan measures, will achieve the 15% level as soon after November 15, 1996, aspracticable. To make this "as soon as practicable" determination, theEPA must determine that the 15% ROPplan contains all VOC control strategies that arepracticable 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 ofreductions.

Revisions to Clark and Floyd Counties' I/Mprogram (326 IAC 13-1.1)

were approved byEPA 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 ofall 1976 and newer gasoline powered light dutypassenger

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 thatincludes 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 allthe 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 ofthe modeling included: aJuly 1997, program start date; start-up cutpoints as recommended byEPA; 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. (SeeEPA's August 13, 1996, policy memorandum titled "Date by Which States Need to Achieve allthe Reductions Needed for the 15% Plan from I/M and Guidance for Recalculation," for further discussion

on the acceptability oftheNovember 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 ofEnhanced I/M Reductions Versus other 15Percent 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 ofemission 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 1990base 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/Mpressure 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% ROPplan takes credit for aridesharing 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 bythis 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 ofthis analysis, KIPDA isolated the impacts of the ridesharingprogram on roadways in Clark and Floyd Counties regardless of

4MPOs can utilizeUnited States Department of Transportation (DOT)funds from CMAQ. CMAQ is

afederal program which provides funding for transportation related projects and programs designed to contribute to attainment ofair quality standards.

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whether employment locations are based in Indiana or Kentucky. This impact is estimated tobe an emission reduction of55 lbs VOC/day.

This program was submitted with the Clark and Floyd 15% ROPplan as a transportation control measure (TCM) to be included in the SIP. EPA is, in today's action, approving the TCM as a SIPrevision (see section V ofthe rulemaking). The TCM has been implemented since 1994 and was initially programmed and funded in the Louisville metropolitan area 1994-1997 TIP. Thisprogram's continued operation will be ensured through federal transportation conformity requirements. The emission reduction claimed from the program is acceptable. Stage II Gasoline VaporRecovery Rule

SIP rule 326 IAC 8-4-6 requires facilities that sell more than 10,000 gallons ofgasoline per month to operate Stage II gasoline vaporrecovery systems certified to have a control effectiveness ofat least 95%. Indiana has estimated that the rule has an 84% program in-use efficiency, accounting for annual inspection program effects and the exemption offacilities with a monthly gasoline throughput ofless than 10,000 gallons. The State's emission reduction claim of2,290 lbs VOC/day from this rule is acceptable.
Residential Open Burning Rule

Under SIP rule 326 IAC4-1, residential openburning 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 ofnon-methane organic compounds per year and with a minimum design capacity of 100,000 megagrams ofsolid waste. The rule requires the operation ofalandfill gas collection system and combustion device. Based on a destruction efficiency of98% 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 of80%

.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 aheatset web offset printing operation. In 1990, the source
was emitting approximately 125 tons of VOC per year aftercontrols. Beginning in October 15, 1991, Rhodes began a series ofreplacements and new installation ofpresses. 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 byinstalling and operating two thermal incinerators with

a98% VOC destruction efficiency to control ink emissions from allpresses in the plant.

Indiana estimated emission reductions from the VOC control improvements using aJuly 1, 1994, report submitted by Rhodes to IDEM pursuant to the State's emission
statement program. 5This 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 ofVOC per year aftercontrols, 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 by771 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 thepermits. In today's action, EPAis approving the Rhodes construction permits as revisions to the Indiana ozone SIP (see section Vofthis 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, EPAis 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. EnforceabilityIssues

All measures and other elements in the SIP mustbe enforceable by the State and EPA (see sections 172(c)(6), 110(a)(2)(A) ofthe Act, and 57 FR 13556). The EPA criteria addressing the enforceability ofSIPs 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 ofthe control

measures and other elements in the SIP [see section 110(a)(2)(C) ofthe 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 ofthe Act, and the measure's overall enforceability. Rulemaking action on each control

measure is as follows:

Control measure

VOL Storage Vessel Rule (326 IAC8-9)

........... Shipbuilding and Ship Repair Rule (326 IAC 8-

12). Wood Furniture Coating Rule (326 IAC 8-11)

... Federal Architectural and Industrial Maintenance Coatings Rule.

Automobile Refinishing Rule (326 IAC8-10)

..... Date of EPA approval
January 17, 1997 (62 FR 2593) January 22, 1997 (62 FR 3216)

October30, 1996 (61 FR 55889) 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). June 13, 1996 (61 FR 29965)

5Indiana's emission statementprogram (326 IAC statements, in a formatrequired under 326 IAC 2 2 6) was adopted pursuant to section 182(a)(3)(B) 6, showing actual emissions ofNG, and/or VOC of theAct. Under this program, owners and from the sources.EPA approved Indiana's emission operators ofstationary sources ofVOC or oxides of statement program on June 10, 1994 (59 FR 29953). nitrogen (NOx)are required to provide annual 

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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) July28, 1995 (60 FR 38700) (Louisville Hybrid I/M) KIPDA Ridesharing Program

.............................. Date of EPA approval action is date oftoday's Federal Register. Seediscussion below. Stage IIVapor 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 oftoday's Federal Register. Seediscussion below.

F. TransportationConformity 1996 take into account the amount ofon-road G. Conclusion MobileSourceEmissionsBudget mobile source emissions that can be emitted in accordance with SIP The EPAhas reviewed the Clark and Section 176(c)requires States to emission reduction milestones. For Floyd Counties 15% ROP plan SIP submit SIPrevisions establishing the purposes ofEPAtransportation revision submitted to EPA as described State's criteria and procedures for conformity determinations, the 1996 above, and finds that the plan satisfies assessing the conformity offederal emission level for on-road mobile the applicable requirements ofthe Act, actions (transportation and general) to sources that is achieved from the 15% as well as EPA guidance for such plans. the SIP's purpose ofeliminating or ROP plan constitutes the 1996 VOC Therefore, the EPA, in this action, is reducing the severity and number of mobile source emission budget for Clark approving these plans as a revision to violations oftheNational Ambient Air and Floyd Counties. This level, which is the Indiana ozone SIP. Quality Standards and achieving derived from MOBILE5a using 1996 expeditious attainment ofsuch estimated emissions with improved I/M, V. Other Rulenaking Actions standards. These conformity SIP 7.8 low RVP, and Kentucky commuter A. Correctionsto 1990Base Year revisions must assure that federal credits, is 17,340 lbs VOC/day. EmissionsInventory actions will not: (1) cause or contribute Therefore, final approval ofthe 15%
to any new violation ofany standard in ROP plan also approves the 1996 mobile Corrections for Clark and Floyd any area, (2) increase the frequency or source VOC emission budget. Counties 1990 base year emissions severity ofany existing violation ofany For years after 1996, conformity inventory were submitted as Appendix standard in any area, or (3) delay timely determinations addressing VOCs must Bin the 15% ROP plan submittal. In attainment ofany standard or any demonstrate consistency with this plan today's action, EPAis approving the required interim emission reductions or revision's motor vehicle emissions revised 1990base year emissions other milestones in any area. To assure budget, and satisfaction ofthe build/no- inventory as a revision to the SIP. The conformity with the SIP, conformity build test, asdefined under 40 CFRpart following table explains the revisions: analyses for transportation projects must 93.

REVISIONS TO CLARK AND FLOYD COUNTIES' 

### 1990 BASE-YEAR EMISSION INVENTORY

Sources affected Explanation ofchanges

Service station tank breathing area Controlled emissionsfrom service station tank breathing were erroneously included inthe 1990 base year

sources. emissions inventory and have now been removed. Ashland

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

............................................ Rhodeswas not included in the 1990 base year emissions inventory. Emissionsfrom the source have now been added. Louisville Hardwoods, Inc

............... Because Louisville Hardwoods' 1990 emissionswere less than the 10 tons VOC/year point source inventory cut off,the source's emissions have been shifted fromthe pointsource inventory to the area source inventory.

B. Ridesharing Program

Included as arequested SIPrevision in the Clark and Floyd 15% ROP plan submittal is a ridesharingprogram, 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, theprogram must be approved by EPA as aTransportation Control Measure (TCM) and incorporated in the SIP. EPA's requirements for TCMs are summarized in theJune 1993, EPA guidance document, Guidanceon Preparing EnforceableRegulationsand CompliancePrograms forthe 15Percent Rate-of-ProgressPlans.The required elements are (1) A complete description ofthemeasure, and, if possible, its estimated emissions reduction benefits; (2) evidence that themeasure was properly adopted by ajurisdiction(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 toplan, implement, and enforce the measure has been adopted by the implementing agencies; and (6) a description ofany 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% ROPplan 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 hasbeen adopted

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

by KIPDA, the authorized MPO for Louisville; (3) theprogram is currently operating and has received federal CMAQ program money for operation; (4) allnecessary approvals havebeen obtained from DOT on theFY 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 CFRpart 93 provide that TCMs in an approved SIP must be implemented on schedulebefore a conformity determination can be made by DOT); and (6) the CMAQ program requires monitoring ofprograms funded under CMAQ and annual reports to DOT on achieved emission reductions. The Commuter Pool TCM, therefore, is approvable.

C.RhodesPermits

Rhodes' heatset web offsetprinting operations are subject to three construction permits issued under 326 IAC 2-1 oftheIndiana 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 of84% minimum. Rhodes was required to conduct an initial compliance stack test for each incinerator. Daily record keeping ofthe incinerators' minimum operating inlet temperature and minimum duct velocity must be kept for
atleast 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 RulemakingAction

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 ofthis 15% ROPplan 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, theRhodes permits, and the ridesharing program TCM included in the 15% ROP submittal.

The EPAis publishing this action without priorproposal because EPA views this as a noncontroversial revision and anticipates no adverse
comments. However, in a separate document in this Federal Register publication, theEPA isproposing to approve the SIPrevision should adverse

or critical comments be filed. This action will be effective onJuly 7, 1997 unless, byJune 6, 1997, adverse or critical comments on the approval are received.

Ifthe 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 atthis time. Ifno such comments are received, the public is advised that this action will be effective onJuly 7, 1997.

Nothing in this action should be construed as permitting, allowing or establishing aprecedent for any future request for revision to any SIP. Each request for revision to the SIP shall be considered separately in light ofspecific technical, economic, and environmental factors and in relation to relevant statutory and regulatory requirements.
VII. Administrative Requirements

A. Executive Order12866

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 aJuly 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. RegulatoryFlexibility

Under the Regulatory Flexibility Act, 5 U.S.C. section 600 etseq., EPAmust prepare aregulatory flexibility analysis assessing theimpact ofany 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 ofsmall entities. 

### Small entities include small businesses, small not-for-profit enterprises, and government entities withjurisdiction

overpopulations ofless than 50,000.

SIP approvals under section 110 and subchapter I,part D ofthe Act do not create any new requirements, but simply approve requirements that the State is already imposing. Therefore, because the Federal SIP approval does
notimpose any new requirements, the Administrator certifies that it does not have a significant impact on any small entities affected. Moreover, due to the
nature oftheFederal-State relationship under the Act, preparation ofa flexibility analysis would constitute Federal inquiry into the economic reasonableness ofthe State action. The Clean Air Actforbids EPA to baseits actions concerning SIPs on such grounds. UnionElectricCo. v. EPA., 427 U.S. 246, 256-66 (1976); 42 U.S.C. 7410(a)(2).
C. UnfundedMandates

Under Section 202 ofthe Unfunded Mandates Reform Act of 1995, signed into law on March 22, 1995, EPAmust undertake various actions in association with any proposed or final rule that includes aFederal mandate that may result in estimated costs to state, local,

or tribal governments in the aggregate;

or to theprivate sector, of$100 million

or more. ThisFederal 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, orthe private sector, result from this action.

D.Submissionto Congressandthe GeneralAccountingOffice

Under Section 801(a)(1)(A) as added by the Small Business Regulatory Enforcement Fairness Act of 1996, EPA submitted areport containing this rule and otherrequired information to the U.S. Senate, the U.S. House of Representatives and the Comptroller General ofthe General Accounting Office prior topublication ofthe rule in 

### today's FederalRegister. This ruleis
not amajor rule asdefined by Section 804(2).

F. Petitions forJudicialReview
Under section 307(b)(1) oftheAct, petitions forjudicial review ofthis action must be filed in theUnited States Court ofAppeals for the appropriate circuit byJuly 7, 1997. Filing apetition forreconsideration by the Administrator ofthis final rule does not affect the finality ofthisrule forthe purposes of judicialreview nordoes it extend the timewithin which a petition forjudicial 

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

review may befiled, and shall not postpone theeffectiveness ofsuch rule

oraction. This action may notbe challenged later in proceedings to enforce itsrequirements. (See Section 307(b)(2)).
ListofSubjects in40 CFRPart52

Environmental protection, Air pollution control, Hydrocarbons, Intergovernmental relations, Incorporation byreference, Ozone, Reporting and recordkeeping requirements.

Dated: April 16, 1997. William E Muno, ActingRegional Administrator.

For the reasons stated in the preamble, part 52, chapter I, title 40 of the Code ofFederal Regulations is amended as follows:


### PART52-[AMENDED]

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

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

2. Section 52.770 is amended by addingparagraph (c)(1 18) to read as follows: 

### §52.770 IdentificationofPlan.

(c) * * * (118) On July 12, 1995, Indiana submitted as arevision to the State 

### Implementation Plan construction permits CP 019-2110, CP 019-2696, and CP 019-4362, issued under Indiana rule 326 IAC2-1. The permits establish volatile organic compound control requirements for Rhodes Incorporated's heatset web offset printing presses.

(i) Incorporationby 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 addingparagraph (in) to read as follows: 

### §52.777 ControlStrategy: Photochemical Oxidants(hydrocarbon).

(in) On July 12, 1995, Indiana submitted a 15percent rate-of-progress plan for the Clark and Floyd Counties portion ofthe Louisville ozone nonattainment area. This plan satisfies Clark and Floyd Counties' requirements under section 182(b) ofthe Clean Air Act, as amended in 1990.

4. Section 52.777 is amended by addingparagraph (n) toread as follows: 

### §52.777 ControlStrategy: Photochemical Oxidants(hydrocarbon).

(n) On July 12, 1995, Indiana submitted corrections to the 1990base 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 addingparagraph (o) toread as follows: 

### §52.777 ControlStrategy: Photochemical Oxidants(hydrocarbon).

(o) On July 12, 1995, Indiana submitted as arevision to theIndiana 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 52and 60 [UT-001-0003a; FRL-5818-6]
Clean AirActApproval and Promulgation ofState Implementation Plan; UT; Standards ofPerformance for New StationarySources AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule.
SUMMARY: EPA approves the State Implementation Plan (SIP) revision submitted by the State ofUtah with a letter dated November 20, 1996. The submittal included the State adoption of



### anew rule, R307-18-1, which incorporates by reference the Federal

new source performance standards (NSPS)in 40 CFRpart 60, as in effect

on March 12, 1996. EPA is approving the State's submittal because itis consistent with the requirements ofthe Clean Air Act, as amended (Act). DATES: This action will become effective

on July 7, 1997, unless comments are received in writingby 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, atthe EPARegional Office listed below. Copies ofthe State's submittal and other information are available for inspection during normal business hours atthe following locations: Air Program, Environmental Protection Agency, Region VIII, 999 18th Street, suite 500, Denver, Colorado 80202-2405; Division ofAir Quality, Utah Department ofEnvironmental 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, DC20460. FOR FURTHER INFORMATION CONTACT: Vicki Stamper, EPA Region VIII, (303) 312-6445.
SUPPLEMENTARY INFORMATION:
I. Analysis ofState'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(1) oftheAct provide that each implementation plan

orplan revision submitted by a State
mustbe adopted afterreasonable notice and public hearing. In accordance with the completeness criteria in 40 CFRpart 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 oflaw if a completeness determination is not made byEPA six months after receipt ofthe submission.

To entertain public comment, the State ofUtah, after providing adequate notice, held a public hearing on July 16, 1996 on the proposed revision to the Utah Air Conservation Regulations. Following thepublic hearing, the State adopted the rule revision on September 9, 1996. The Governor ofUtah submitted the SIP revision on November 20, 1996, and supporting documentation

was submitted bythe Director ofthe Utah Division ofAir Quality on December 2, 1996. The SIP revision was reviewed byEPA to determine completeness in accordance with the completeness criteria set out at 40CFR part 51, appendix V. The submittal was found to be complete and aletter dated March 28, 1997 was forwarded to the Governor finding the submittal complete.

B. ThisAction

The State ofUtah adopted a new rule, R307-18-1, which incorporates by reference the Federal NSPS in 40CFR part 60, asin effect on March 12, 1996. The State had previously relied on Utah AirConservation Regulations R307-1-1 and R307-1-3.1.8.B. to provide authority for implementation and enforcement oftheNSPS. Under these

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