[Federal Register Volume 62, Number 64 (Thursday, April 3, 1997)]
[Rules and Regulations]
[Pages 15844-15852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8383]



[[Page 15844]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IN53-1a; FRL-5710-1]


Approval and Promulgation of State Implementation Plan; Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: In this action, EPA is approving the following as revisions to 
the Indiana ozone State Implementation Plan (SIP): a Rate-Of-Progress 
(ROP) plan to reduce Volatile Organic Compounds (VOC) emissions in Lake 
and Porter Counties by 15 percent (%) by November 15, 1996; a 
contingency plan to reduce VOC emissions by an additional 3% beyond the 
ROP plan, and an Indiana agreed order requiring VOC emission controls 
on Keil Chemical Division, Ferro Corporation, located in Lake County 
(Keil Chemical). The 15% ROP plan, 3% contingency plan, and the agreed 
order were submitted together on June 26, 1995. The plans and agreed 
order help to protect the public's health and welfare by reducing the 
emissions of VOC that contribute to the formation of ground-level 
ozone, commonly known as urban smog.

DATES: This final rule is effective June 2, 1997 unless adverse 
comments are received by May 5, 1997. If the effective date is delayed, 
timely notice will be published in the Federal Register.

ADDRESSES: Comments may be mailed to: J. Elmer Bortzer, Chief, 
Regulation Development Section, United States Environmental Protection 
Agency, Region 5, Air and Radiation Division, Air Programs Branch (AR-
18J), 77 West Jackson Boulevard, Chicago, Illinois, 60604.
    Copies of the documents relevant to this action are available at 
the above address for public inspection during normal business hours.

FOR FURTHER INFORMATION CONTACT: Mark J. Palermo, Environmental 
Protection Specialist, at (312) 886-6082.

SUPPLEMENTARY INFORMATION:

I. Background on 15% ROP and Contingency Plans Requirements

    On November 15, 1990, Congress enacted amendments to the 1977 Clean 
Air Act (Act); Public Law 101-549, 104 Stat. 2399, codified at 42 
U.S.C. 7401-7671q. Section 182(b)(1) requires states with ozone 
nonattainment areas classified as moderate and above to submit a SIP 
revision known as a 15% ROP plan. This plan must reflect an actual 
reduction in typical ozone season weekday VOC emissions of at least 15% 
in the area during the first 6 years after enactment (i.e., by November 
15, 1996). The emission reductions needed to achieve the 15% 
requirement must be calculated using a 1990 anthropogenic VOC emissions 
inventory as a baseline, minus emissions that have been reduced by: (1) 
The Federal Motor Vehicle Control Program (FMVCP) measures for the 
control of motor vehicle exhaust or evaporative emissions promulgated 
before January 1, 1990; and (2) gasoline Reid Vapor Pressure (RVP) 
regulations promulgated by November 15, 1990 (See 55 FR 23666, June 11, 
1990). In addition, the plan must account for net growth in emissions 
within the nonattainment area between 1990 and 1996.
    Section 172(c)(9) of the Act requires states with moderate and 
above areas to adopt a contingency plan by November 15, 1993, which 
provides for specific control measures to be implemented if an area 
fails to achieve ROP requirements or attain the National Ambient Air 
Quality Standard in the time frames specified under the Act. In 
addition, section 182(c)(9) of the Act requires that contingency plans 
for serious or above ozone nonattainment areas to provide for specific 
measures to be implemented if an area fails to meet an applicable 
milestone under the Act. These sections require that contingency 
measures must be able to take effect when a failure occurs without 
further action by the State or the Administrator.
    In Indiana, two ozone nonattainment areas are subject to the 15% 
ROP and contingency plans requirements: the Lake and Porter Counties 
portion of the Chicago severe ozone nonattainment area, and the Clark 
and Floyd Counties portion of the Louisville moderate ozone 
nonattainment area. This rulemaking action addresses only the plans for 
Lake and Porter Counties; Clark and Floyd Counties will be addressed in 
a separate Federal Register.

II. Indiana's 15% ROP and Contingency Plans Submittal

    The Act requires States to observe certain procedural requirements 
in developing SIPs and SIP revisions for submission to EPA. Section 
110(a)(2) and section 110(l) of the Act require that each State's SIP 
revision submitted under the Act be adopted by the State after 
reasonable notice and public hearing. The State of Indiana submitted a 
portion of the Lake and Porter Counties 15% ROP and contingency plan 
SIP revisions on January 13, 1994. The SIP revisions were reviewed by 
EPA to determine completeness shortly after submittal, in accordance 
with the completeness criteria set out at 40 CFR Part 51, Appendix V 
(1991), as amended by 57 FR 42216 (August 26, 1991). However, the 
submittal was deemed incomplete because the plans had not yet gone 
through public hearing and did not include fully adopted rules for all 
of the plans' control measures. Indiana held a public hearing on the 
plans on March 29, 1994. A summary of comments from that hearing and 
the Indiana Department of Environmental Management's (IDEM) response 
was submitted on July 5, 1994. IDEM sent a supplemental submittal on 
June 26, 1995, which included fully adopted rules for the Lake and 
Porter Counties 15% ROP and contingency plans. In a July 17, 1995, 
letter to Indiana, the State was notified that the SIP submittal was 
deemed complete.

III. Criteria for 15% ROP and Contingency Plans Approvals

    The requirements for 15% ROP and 3% contingency plans are found in 
section 172(c)(9), 182(b)(1), and 182(b)(9) of the Act, and the 
following EPA guidance documents:
    1. Procedures for Preparing Emissions Projections, EPA-450/4-91-
019, Environmental Protection Agency, July 1991.
    2. State Implementation Plans; General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990; 
Proposed rule (57 FR 13498), Federal Register, April 16, 1992.
    3. ``November 15, 1992, Deliverables for Reasonable Further 
Progress and Modeling Emission Inventories,'' memorandum from J. David 
Mobley, Edwin L. Meyer, and G.T. Helms, Office of Air Quality Planning 
and Standards, Environmental Protection Agency, August 7, 1992.
    4. Guidance on the Adjusted Base Year Emissions Inventory and the 
1996 Target for the 15 Percent Rate of Progress Plans, EPA-452/R-92-
005, Environmental Protection Agency, October 1992.
    5. ``Quantification of Rule Effectiveness Improvements,'' 
memorandum from G.T. Helms, Chief, Ozone/Carbon Monoxide Programs 
Branch, Office of Air Quality Planning and Standards, Environmental 
Protection Agency, October 1992.
    6. Guidance for Growth Factors, Projections, and Control Strategies 
for the 15 Percent Rate-of-Progress Plans, EPA-452/R-93-002, March 
1993.
    7. ``Correction to `Guidance on the Adjusted Base Year Emissions 
Inventory

[[Page 15845]]

and the 1996 Target for the 15 Percent Rate of Progress Plans','' 
memorandum from G.T. Helms, Chief, Ozone/Carbon Monoxide Programs 
Branch, Office of Air Quality Planning and Standards, Environmental 
Protection Agency, March 2, 1993.
    8. ``15 Percent Rate-of-Progress Plans,'' memorandum from G.T. 
Helms, Chief, Ozone/Carbon Monoxide Programs Branch, Office of Air 
Quality Planning and Standards, Environmental Protection Agency, March 
16, 1993.
    9. Guidance on the Relationship Between the 15 Percent Rate-of-
Progress Plans and Other Provisions of the Clean Air Act, EPA-452/R-93-
007, Environmental Protection Agency, May 1993.
    10. ``Credit Toward the 15 Percent Rate-of-Progress Reductions from 
Federal Measures,'' memorandum from G.T. Helms, Chief, Ozone/Carbon 
Monoxide Programs Branch, Environmental Protection Agency, May 6, 1993.
    11. Guidance on Preparing Enforceable Regulations and Compliance 
Programs for the 15 Percent Rate-of-Progress Plans, EPA-452/R-93-005, 
Environmental Protection Agency, June 1993.
    12. ``Correction Errata to the 15 Percent Rate-of-Progress Plan 
Guidance Series,'' memorandum from G.T. Helms, Chief, Ozone and Carbon 
Monoxide Programs Branch, Environmental Protection Agency, July 28, 
1993.
    13. ``Early Implementation of Contingency Measures for Ozone and 
Carbon Monoxide (CO) Nonattainment Areas,'' memorandum from G.T. Helms, 
Chief, Ozone/Carbon Monoxide Programs Branch, Environmental Protection 
Agency, August 13, 1993.
    14. ``Region III Questions on Emission Projections for the 15 
Percent Rate-of-Progress Plans,'' memorandum from G.T. Helms, Chief, 
Ozone/Carbon Monoxide Programs Branch, Office of Air Quality Planning 
and Standards, Environmental Protection Agency, August 17, 1993.
    15. ``Guidance on Issues Related to 15 Percent Rate-of-Progress 
Plans,'' memorandum from Michael H. Shapiro, Acting Assistant 
Administrator for Air and Radiation, Environmental Protection Agency, 
August 23, 1993.
    16. ``Credit Toward the 15 Percent Requirements from Architectural 
and Industrial Maintenance Coatings,'' memorandum from John S. Seitz, 
Director, Office of Air Quality Planning and Standards, Environmental 
Protection Agency, September 10, 1993.
    17. ``Reclassification of Areas to Nonattainment and 15 Percent 
Rate-of-Progress Plans,'' memorandum from John S. Seitz, Director, 
Office of Air Quality Planning and Standards, Environmental Protection 
Agency, September 20, 1993.
    18. ``Clarification of `Guidance for Growth Factors, Projections 
and Control Strategies for the 15 Percent Rate-of-Progress Plans','' 
memorandum from G.T. Helms, Chief, Ozone/Carbon Monoxide Programs 
Branch, Office of Air Quality Planning and Standards, Environmental 
Protection Agency, October 6, 1993.
    19. ``Review and Rulemaking on 15 Percent Rate-of-Progress Plans,'' 
memorandum from G.T. Helms, Chief, Ozone/Carbon Monoxide Programs 
Branch, Office of Air Quality Planning and Standards, Environmental 
Protection Agency, October 6, 1993.
    20. ``Questions and Answers from the 15 Percent Rate-of-Progress 
Plan Workshop,'' memorandum from G.T. Helms, Chief, Ozone/Carbon 
Monoxide Programs Branch, Environmental Protection Agency, October 29, 
1993.
    21. ``Rate-of-Progress Plan Guidance on the 15 Percent 
Calculations,'' memorandum from D. Kent Berry, Acting Director, Air 
Quality Management Division, Environmental Protection Agency, October 
29, 1993.
    22. ``Clarification of Issues Regarding the Contingency Measures 
that are due November 15, 1993 for Moderate and Above Ozone 
Nonattainment Areas,'' memorandum from D. Kent Berry, Acting Director, 
Air Quality Management Division, Environmental Protection Agency, 
November 8, 1993.
    23. ``Credit for 15 percent Rate-of-Progress Plan Reductions from 
the Architectural and Industrial Maintenance (AIM) Coating Rule,'' 
memorandum from John S. Seitz, Director, Office of Air Quality Planning 
and Standards, Environmental Protection Agency, December 9, 1993.
    24. ``Guidance on Projection of Nonroad Inventories to Future 
Years,'' memorandum from Philip A. Lorang, Director, Emission Planning 
and Strategies Division, Office of Air and Radiation, Environmental 
Protection Agency, February 4, 1994.
    25. ``Discussion at the Division Directors Meeting on June 1 
Concerning the 15 Percent and 3 Percent Calculations,'' memorandum from 
G.T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch, Office of Air 
Quality Planning and Standards, Environmental Protection Agency, June 
2, 1994.
    26. ``Future Nonroad Emission Reduction Credits for Court-Ordered 
Nonroad Standards,'' memorandum from Philip A. Lorang, Director, 
Emission Planning and Strategies Division, Office of Air and Radiation, 
Environmental Protection Agency, November 28, 1994.
    27. ``Credit for the 15 Percent Rate-of-Progress Plans for 
Reductions from the Architectural and Industrial Maintenance (AIM) 
Coating Rule and the Autobody Refinishing Rule,'' memorandum from John 
S. Seitz, Director, Office of Air Quality Planning and Standards, 
Environmental Protection Agency, November 29, 1994.
    28. ``Transmittal of Rule Effectiveness Protocol for 1996 
Demonstrations,'' memorandum from Susan E. Bromm, Director, Chemical, 
Commercial Services and Municipal Division, Office of Compliance, 
Environmental Protection Agency, December 22, 1994.
    29. ``Future Nonroad Emission Reduction Credits for Locomotives,'' 
memorandum from Philip A. Lorang, Director, Emission Planning and 
Strategies Division, Office of Air and Radiation, Environmental 
Protection Agency, January 3, 1995.
    30. ``Credit for the 15 Percent Rate-of-Progress Plans for 
Reductions from the Architectural and Industrial Maintenance (AIM) 
Coating Rule,'' memorandum from John S. Seitz, Director, Office of Air 
Quality Planning and Standards, Environmental Protection Agency, March 
22, 1995.
    31. ``Fifteen Percent Rate-of-Progress Plans--Additional 
Guidance,'' memorandum from John S. Seitz, Director, Office of Air 
Quality Planning and Standards, Environmental Protection Agency, May 5, 
1995.
    32. ``Update on the credit for the 15 percent Rate-of-Progress 
Plans for Reductions from the Architectural and Industrial Maintenance 
Coatings Rule,'' memorandum from John S. Seitz, Director, Office of Air 
Quality Planning and Standards, Environmental Protection Agency, March 
7, 1996.
    33. ``Date by which States Need to Achieve all the Reductions 
Needed for the 15% Plan from Inspection and Maintenance (I/M) and 
Guidance for Recalculation,'' memorandum from Margo Oge, Director, 
Office of Mobile Sources, and John S. Seitz, Director, Office of Air 
Quality Planning and Standards, Environmental Protection Agency, August 
13, 1996.
    34. ``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.
    35. ``15% Volatile Organic Compound (VOC) State Implementation Plan 
(SIP) Approvals and the `As Soon As

[[Page 15846]]

Practicable' Test,'' memorandum from John S. Seitz, Director, Office of 
Air Quality Planning and Standards, and Richard B. Ossias, Deputy 
Associate General Counsel, Division of Air and Radiation, Office of 
General Counsel, Environmental Protection Agency, February 12, 1997.
    36. ``Sample City Analysis: Comparison of Enhanced Inspection and 
Maintenance (I/M) Reductions Versus Other 15 Percent Rate of Progress 
(ROP) Plan Measures,'' E.H. Pechan, 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 the 15% 
emission reduction by November 15, 1996, and how the plan's control 
strategy will secure that reduction.
    The procedure for calculating the needed emission reduction is as 
follows:
    (A) Calculate the ``1990 ROP inventory'' by subtracting from the 
area's ``1990 base year inventory'' (required to be submitted under 
sections 172(c)(3) and 182(a)(1) of the Act <SUP>1) biogenic emissions, 
emissions outside of the nonattainment area, and pre-enactment banked 
emission credits;
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    \1\ Sections 172(c)(3) and 182(a)(1) of the Act require that 
nonattainment plan provisions include a comprehensive, accurate 
inventory of actual emissions which occurred in 1990 from all 
sources of relevant pollutants in the nonattainment area. This 
inventory provides an estimate of the amount of VOC and oxides of 
nitrogen produced by emission sources such as automobiles, 
powerplants and the use of consumer solvents in the household. 
Because the approval of such inventories is necessary to an area's 
15% ROP plan and attainment demonstration, the emission inventory 
must be approved prior to or with the 15% ROP plan submission.
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    (B) Calculate the ``1990 adjusted base year inventory'' by 
subtracting from the 1990 ROP inventory any emission reductions from 
the pre-1990 FMVCP and 1990 RVP Federal regulations which occur between 
1990 and 1996;
    (C) Calculate ``15% of adjusted base year emissions'' by 
multiplying the 1990 adjusted base year inventory by 15%;
    (D) Calculate the ``total required reductions by 1996'' by adding 
emission reductions from the 1990 FMVCP and 1990 RVP federal rules to 
the 15% of adjusted base year emissions calculation (as provided under 
section 182(b)(1)(D) of the Act);
    (E) Calculate the ``1996 emissions target level'' by subtracting 
from the 1990 ROP base year inventory the total required reductions by 
1996;
    (F) Calculate the ``1996 projected emission estimate'' by a number 
of methods, such as adding growth factors to the 1990 adjusted base-
year inventory, or adding growth factors and required emission 
reductions to the 1990 ROP inventory; and
    (G) Calculate the ``reduction required by 1996 to achieve 15% net 
of growth'' by subtracting the 1996 target emissions level from the 
1996 projected emissions level.
    In determining what control measures a State can use in its 15% ROP 
plan strategy, the Act provides under section 182(b)(1)(C) that 
emission reductions from control measures are creditable to the extent 
that they have actually occurred before November 15, 1996. In keeping 
with this requirement, the General Preamble states that all credited 
emission reductions must be real, permanent, and enforceable, and that 
regulations needed to implement the plan's control strategy must be 
adopted and implemented by the State by November 15, 1996.
    As for the contingency plan, the General Preamble states that the 
contingency measures must provide reductions of 3% of the emissions 
from the 1990 adjusted base year inventory. While all contingency 
measures must be fully adopted rules or measures, the State can use 
these measures in two different ways. The State can use its discretion 
to implement any contingency measures before 1996. Alternately, the 
State may decide not to implement a measure until the area has failed 
to secure the 15% emission reduction, attain the National Ambient Air 
Quality Standards (NAAQS) for ozone, or meet any other applicable 
milestone under the Act. In that situation, the reductions must be 
achieved through triggered, prior adopted rules within one year from 
the date in which the failure has been identified.
    The EPA has reviewed the State's submittal for consistency with the 
requirements of the Act and EPA guidance. A summary of EPA's analysis 
is provided below.

IV. Analysis of Lake and Porter Counties 15% ROP and Contingency 
Plans

    Indiana's 15% ROP summary for Lake and Porter Counties is provided 
in the following table:

              15% ROP Summary for Lake and Porter Counties              
------------------------------------------------------------------------
                                                             Lbs VOC/day
------------------------------------------------------------------------
           CALCULATION OF REDUCTION NEEDS BY 1996                       
                                                                        
1990 Lake and Porter Counties Total VOC Emissions..........      424,721
1990 ROP Emissions (Anthropogenic only)....................      381,841
1990-1996 Noncreditable Reductions (Reductions from 1990                
 RVP and Pre-1990 FMVCP Regulations).......................       58,838
1990 Adjusted Base Year Emissions (1990 ROP Emissions minus             
 Noncreditable Reductions).................................      323,003
15% of Adjusted Base Year Emissions........................       48,450
Total Required Emission Reductions by 1996 (15% of Adjusted             
 Base Year Emissions plus Noncreditable Reductions)........      107,288
1996 Target Level (1990 ROP Emissions minus Total Required              
 Emission Reductions by 1996)..............................      274,553
1996 Projected Emissions (1990 Adjusted Base Year Emissions             
 plus Growth Factors)......................................      342,683
REDUCTION NEEDS BY 1996 TO ACHIEVE 15 PERCENT NET OF GROWTH             
 (1996 Projected Emission minus 1996 Target Level).........       68,130
                                                                        
        CREDITABLE REDUCTION FROM MANDATORY CONTROLS                    
                                                                        
Mobile Sources:                                                         
    Enhanced Vehicle Inspection and Maintenance (I/M)                   
     Program (326 IAC 13-1.1)..............................        6,817
    Federal Reformulated Gasoline Program (40 CFR Part 80,              
     Subpart D)............................................       14,905
Area Sources:                                                           
    Stage II Gasoline Vapor Recovery (326 IAC 8-4-6).......        9,824
    Federal Architectural and Industrial Maintenance (AIM)              
     Coatings Rule.........................................        2,920
Point Sources:                                                          
    Non-Control Techniques Guideline (CTG) Reasonably                   
     Available Control Technology (RACT) Rule (326 IAC 8-7)        4,559
                                                            ------------

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      SUBTOTAL--REDUCTIONS FROM MANDATORY CONTROLS.........       39,025
                                                                        
     CREDITABLE REDUCTIONS FROM NON MANDATORY CONTROLS                  
                                                                        
Point Sources:                                                          
    Keil Chemical Agreed Order.............................        5,327
    Coke Oven Battery Shutdowns at Inland Steel Flat                    
     Products \2\ (326 IAC 6-1-10.1(k)(5)).................       22,850
Area Sources:                                                           
    Residential Open Burning (326 IAC 4-1).................          929
                                                            ------------
      SUBTOTAL--REDUCTION FROM NON MANDATORY CONTROLS......       29,106
                                                            ------------
      TOTAL CREDITABLE REDUCTIONS FROM 15% ROP PLAN........      68,130 
------------------------------------------------------------------------
\2\ Total reductions from the coke oven battery closures are 23,609 lbs 
  VOC/day. Reductions not counted toward the 15% ROP plan are being used
  as a contingency measure.                                             

A. Calculation of the 1990 Adjusted Base Year Emission Inventory

    To determine the 1990 adjusted base year inventory, Indiana used 
the 1990 base year emission inventory approved by EPA on January 4, 
1995 (60 FR 375), which was found to meet the requirements of sections 
172(c)(3) and 182(a)(1) of the Act for Lake and Porter Counties. Total 
VOC emissions estimated from this inventory are 424,721 lbs VOC/day. 
Indiana 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 381,841 lbs VOC/day. No pre-enactment 
banked emission credit was included in this inventory.
    Indiana used EPA's Mobile Source Emissions Model (MOBILE)5a to 
calculate the emission reductions from the pre-1990 FMVCP and 1990 RVP 
regulations; these reductions were subtracted from the 1990 ROP 
inventory level to find the 1990 adjusted base year inventory level of 
323,003 lbs VOC/day. Indiana's documentation includes the actual 1990 
motor vehicle emissions using 1990 vehicle miles traveled (VMT) and 
MOBILE5a emission factors, and the adjusted emissions using 1990 VMT 
and the MOBILE5a emission factors in calendar year 1996 with the 
appropriate RVP for the nonattainment area as mandated by EPA. The plan 
includes adequate documentation showing how the MOBILE5a model was run 
to calculate the expected emission reductions from FMVCP and RVP.

B. 1996 ROP Target Emission Level

    To calculate the 1996 target emission level for Lake and Porter 
Counties, Indiana first multiplied the 1990 adjusted base year 
inventory by 0.15 to determine that the 15% required emission reduction 
by 1996 is 48,450 lbs VOC/day. Then, 58,838 lbs VOC/day of reductions 
from non-creditable control measures (pre-1990 FMVCP and 1990 RVP) were 
added to the 15% required reduction to find that the total required 
reductions by 1996 is 107,288 lbs VOC/day. Finally, Indiana subtracted 
the 1996 total required emission reductions from the 1990 ROP emission 
inventory to determine that the 1996 emission target level for Lake and 
Porter Counties is 274,553 lbs VOC/day.
    The 15% ROP plan submittal adequately documents the calculations 
used to determine the Lake and Porter Counties target level by showing 
each step, discussing any assumptions made, and stating the origin of 
the numbers used in the calculations.

C. Projected Emission Inventory

    To determine the 1996 projected emission inventory, Indiana has 
included in the 15% ROP plan the growth factors used together with 
documentation for the assumptions made. The point, area, and non-road 
mobile source emission inventories were projected using either source 
supplied data, population forecasts, historical data, or, where 
historical data were unavailable or not suitable to project, the U.S. 
Department of Commerce, Bureau of Economic Analysis (BEA), regional 
growth data were used. The on-road mobile source emission inventory was 
projected using MOBILE5a. The State's calculations for growth in the 
on-road mobile, off-road mobile, industrial, and area source sectors is 
10,180 lbs VOC/day, 1,298 lbs VOC/day, 4,692 lbs VOC/day, and 3,510 lbs 
VOC/day, respectively, for a total of 19,680 lbs VOC/day. These growth 
estimates were calculated in a manner consistent with EPA's guidance 
documents. The projected emissions were added to the 1990 adjusted 
base-year inventory to determine that the 1990 projected emission 
inventory level is 342,683 lbs VOC/day.

D. Contingency Measure Provisions

    Indiana's contingency plan summary for Lake and Porter Counties is 
shown in the following table:

        Contingency Measure Summary for Lake and Porter Counties        
------------------------------------------------------------------------
                                                             Lbs VOC/day
------------------------------------------------------------------------
    CALCULATION OF CONTINGENCY MEASURE REDUCTION NEEDED                 
                                                                        
1990 Adjusted Base Year Emissions..........................      342,683
3 Percent of 1990 Adjusted Base Year Emissions.............        9,690
                                                                        
      CREDITABLE REDUCTIONS FROM CONTINGENCY MEASURES                   
                                                                        
Remaining Coke Oven Battery Shutdowns at Inland Steel (326              
 IAC 6-1-10.1(k)(5)).......................................          759
Municipal Solid Waste (MSW) Landfill Rule (326 IAC 8-8)....        1,132
Coke Oven National Emission Standard for Hazardous Air                  
 Pollutants (NESHAP) \3\ (40 CFR Part 63, Subpart L).......        1,226
Automobile Refinishing Rule (326 IAC 8-10).................        4,679

[[Page 15848]]

                                                                        
Volatile Organic Liquid (VOL) Storage Rule (326 IAC 8-9)...        2,620
                                                            ------------
    TOTAL CREDITABLE CONTINGENCY REDUCTIONS................      10,416 
------------------------------------------------------------------------
\3\ Although the purpose of NESHAP rules are to control the emissions of
  hazardous air pollutants (HAP), pursuant to section 112 of Title III  
  of the Act, much of the HAPs controlled under the coke oven NESHAP are
  also VOC.                                                             

E. Creditable Reductions From Control Measures

    From the calculation of the 1996 target emission level and 1996 
projected emission level, Indiana must reduce emissions in Lake and 
Porter Counties by 68,130 lbs VOC/day, to secure the 15% ROP reduction, 
and an additional 9,690 lbs VOC/day, to secure the required 3% 
contingency reduction. The Lake and Porter Counties 15% ROP and 3% 
contingency plans do meet this requirement. The total creditable 
emission reduction achieved by the 15% ROP and 3% contingency plans are 
68,130 lbs VOC/day, and 10,416 lbs VOC/day, respectively. Emission 
reductions not needed to meet the 3% contingency requirement will be 
applied toward achieving post-1996 ROP reductions, leading to 
attainment of the ozone air quality standard.
    The SIP submittal includes documentation indicating the sources or 
source categories which are expected to be affected by each control 
measure, the sources' projected 1996 emissions without controls, and 
the assumptions used to estimate how much the sources' 1996 emissions 
would be reduced by each control measure. These assumptions were 
derived primarily from Midwest Research Institute's April 30, 1993, 
document entitled ``Support Document for Indiana's Lake and Porter 
Nonattainment Area 1996 Rate of Progress Plan,'' which was contracted 
by EPA to assist Indiana in developing the 15% ROP and contingency 
plans. A review of the emission reduction credit taken for each control 
measure follows:
Enhanced I/M Program
    Of the 15% ROP plans originally submitted to EPA, most contain 
enhanced I/M programs because they achieve more VOC emission reductions 
than most, if not all other, control strategies. However, because most 
states experienced substantial difficulties implementing enhanced I/M 
programs, only a few States are currently actually testing cars using 
the original enhanced I/M protocol.
    On September 18, 1995 (60 FR 48029), EPA finalized revisions to its 
enhanced I/M rule allowing States significant flexibility in designing 
I/M programs appropriate for their needs. Further, Congress enacted the 
National Highway Systems Designation Act of 1995 (NHSDA), which 
provides States with more flexibility in determining the design of 
enhanced I/M programs. The substantial amount of time needed by States 
to re-design enhanced I/M programs in accordance with the final 
enhanced I/M rules and/or the guidance contained within the NHSDA, to 
secure State legislative approval when necessary, and set up the 
infrastructure to perform the testing program has precluded States from 
obtaining emission reductions from enhanced I/M by November 15, 1996.
    Given the heavy reliance by many States on enhanced I/M programs to 
help satisfy 15% ROP plan requirements, and the recent NHSDA and 
regulatory changes regarding enhanced I/M programs, EPA has recognized 
that it is not possible for many States to achieve the portion of the 
15% ROP reductions that are attributed to enhanced I/M by November 15, 
1996. Under these circumstances, disapproval of the 15% ROP plan SIPs 
would serve no purpose. Consequently, under certain circumstances, EPA 
will allow States that pursue re-design of enhanced I/M programs to 
receive emission reduction credit from these programs in their 15% ROP 
plans, even though the emission reductions from the I/M program will 
occur after November 15, 1996.
    Specifically, the EPA will approve 15% ROP SIPs if the emission 
reductions from the revised, enhanced I/M programs, as well as from the 
other 15% ROP plan measures, will achieve the 15% level as soon after 
November 15, 1996, as practicable. To make this ``as soon as 
practicable'' determination, the EPA must determine that the 15% ROP 
plan contains all VOC control strategies that are practicable for the 
nonattainment area in question and that meaningfully accelerate the 
date by which the 15% level is achieved. The EPA does not believe that 
measures meaningfully accelerate the 15% date if they provide only an 
insignificant amount of reductions.
    Indiana's enhanced I/M program for Lake and Porter Counties was 
approved by EPA on March 19, 1996 (61 FR 11142), and the State began 
testing vehicles under the new program on January 1, 1997. A single 
contractor, Envirotest, Inc., operates a test-only centralized network 
for inspections and re-inspection. The Indiana I/M program requires 
coverage of all 1976 and newer gasoline powered light duty passenger 
cars and light duty trucks up to 9,000 pounds Gross Vehicle Weight 
Rating (GVWR). All applicable 1981 and newer vehicles will be subject 
to a transient, mass emissions tailpipe test that includes the purge 
and pressure test. All applicable 1976 through 1980 vehicles will be 
subject to a BAR90 single-speed idle test that includes the pressure 
test. The I/M contractor has acquired all the emission test sites 
required under the State I/M contract, and all the test stations 
required have been constructed.
    EPA has analyzed Indiana's enhanced I/M program to predict when the 
emission reductions claimed in the Lake and Porter Counties 15% ROP 
plan for the program will actually be secured. This analysis was based 
on the methodology specified in EPA's policy memoranda, ``Date by Which 
States Need to Achieve all the Reductions Needed for the 15% Plan from 
I/M and Guidance for Recalculation,'' August 13, 1996, and ``Modeling 
15% VOC Reduction(s) from I/M in 1999--Supplemental Guidance,'' 
December 23, 1996. MOBILE5b runs were used to evaluate the credit using 
inputs that reflect actual program startup. Some of the input 
parameters of the modeling included: a January 1, 1997, program start 
date; start-up cutpoints as recommended by EPA; and expected 
evaporative test procedures available at start-up. The State has taken 
credit in the Lake and Porter Counties 15% ROP plan for 6,817 lbs VOC/
day, or 3.41 tons per day reductions from enhanced I/M. Based on EPA's 
analysis, the emission reduction claimed will be secured by November 
1999. (See EPA's August 13, 1996, policy memorandum titled ``Date by 
Which States Need to Achieve all the Reductions Needed for the 15% Plan 
from I/M and Guidance for

[[Page 15849]]

Recalculation,'' for further discussion on the November 1999 date).
    To determine whether there are other available potential control 
measures which can meaningfully accelerate the date by which 15% 
emission reduction in Lake and Porter Counties can be achieved, EPA 
compared the Lake and Porter Counties 15% ROP and contingency plans 
with control measures included in 15% ROP plans nation-wide, which are 
listed in EPA's report, ``Sample City Analysis: Comparison of Enhanced 
I/M Reductions Versus other 15 Percent ROP Plan Measures,'' 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 Lake and Porter Counties 15% ROP and 
contingency plans which can secure a significant amount of emission 
reduction before November 1999.
    Because Indiana's enhanced I/M program will secure emission 
reductions claimed under the Lake and Porter Counties 15% ROP plan by 
November 1999, and because 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 
Lake and Porter Counties 15% ROP plan does secure 15% emission 
reductions as soon as practicable. On this basis, the emission 
reduction claimed for the Lake and Porter Counties enhanced I/M program 
under the 15% ROP plan is approvable.
Federal Reformulated Gasoline Program
    The federal reformulated gasoline program (40 CFR part 80, subpart 
D) requires gasoline providers in Lake and Porter Counties to sell only 
gasoline which meets certain blending requirements to reduce pollution. 
The VOC reduction from reformulated gasoline was determined using the 
MOBILE5a model to estimate the difference between 1996 highway mobile 
source emissions at RVP 9.0, the level of control upon gasoline in Lake 
and Porter Counties before the reformulated gasoline requirement, and 
1996 highway mobile source emissions with reformulated gasoline. 
Indiana has credited a 14,905 lbs/day emission reduction from this 
program, which is acceptable.
Stage II Gasoline Vapor Recovery Rule
    Indiana's Stage II rule (326 IAC 8-4-6) requires facilities that 
sell more than 10,000 gallons of gasoline per month to operate Stage II 
vapor recovery systems certified to have a control effectiveness of at 
least 95%. Indiana has estimated that the rule has a 84% program in-use 
efficiency, accounting for annual inspection program effects and the 
exemption of facilities with a monthly gasoline throughput of less than 
10,000 gallons. Indiana has credited a 9,824 lbs VOC/day emission 
reduction from this rule, which is acceptable.
Federal AIM Coatings Rule
    Pursuant to section 183(e) of the Act, EPA proposed on June 25, 
1996 (61 FR 32729), a national rule requiring manufacturers of AIM 
coatings to meet VOC content limitations. The March 7, 1996, EPA 
memorandum ``Update on the Credit for the 15 Percent Rate-of-Progress 
Plans for Reductions from the Architectural and Industrial Maintenance 
Coatings Rule'' allows States to take credit for a 20% reduction in AIM 
coating emissions, even though promulgation of the rule has been 
delayed. Based on this policy, Indiana has taken an emission reduction 
credit of 2,920 lbs VOC/day, which is acceptable.
Non-CTG RACT Rule
    Indiana's Non-CTG RACT rule (326 IAC 8-7) requires VOC controls on 
sources which have the potential to emit 25 tons of VOC emissions per 
year, and are not already covered under an existing CTG or part of a 
post-1990 CTG category. <SUP>4 Sources subject to this rule are allowed 
to demonstrate compliance by choosing among any one of the following 
three available options: (1) achieve an overall VOC reduction in 
baseline actual emissions of 98% by the addition of add-on controls or 
documented reduction in VOC-containing materials used; (2) achieve a 
level of reduction equal to 81% of baseline actual emission by the same 
means as stated above, where it is demonstrated that a 98% reduction in 
source emissions is not achievable; or (3) achieve an alternative 
overall emission reduction by the application of RACT as determined by 
the State and EPA. Indiana estimates that the rule's overall control 
efficiency is 81%, and has a rule effectiveness of 80%. Indiana has 
credited 4,559 lbs VOC/day in emission reductions from this rule, which 
is acceptable.
---------------------------------------------------------------------------

    \4\ RACT is the lowest emission limitation that a particular 
source is capable of meeting by the application of control 
technology that is reasonably available, considering technological 
and economic feasibility. CTGs are EPA documents which provide 
recommendations on what EPA considers the presumptive norm for RACT 
for particular industries. Indiana was required to adopt the Non-CTG 
RACT rule by section 182(b)(2) of the Act.
---------------------------------------------------------------------------

Keil Chemical Agreed Order
    Keil Chemical is required under a July 29, 1994, agreed order 
(Cause No. A-2250) to limit emissions from its Pyro-Chek stack to 15 
tons of VOC/year by operating a carbon adsorption add-on control 
device. Indiana credits this device to reduce emissions by 5,327 lbs 
VOC/day, which is acceptable.
Coke Oven Battery Shutdowns at Inland Steel Flat Products
    Inland Steel is required under Indiana's Particulate Matter rule 
326 IAC 6-1-10.1(k)(5) to shut down numbers 6 through 11 coke batteries 
before 1996. The 1990 base-year inventory emissions from these coke 
batteries, 23,609 lbs VOC/day, are being credited as emission 
reductions. Indiana is using 22,850 lbs VOC/day towards the 15% ROP 
plan, and 759 lbs VOC/day as a contingency measure. These reductions 
are acceptable.
Residential Open Burning Rule
    Under Indiana's rule 326 IAC 4-1, residential open burning is 
banned in Lake and Porter Counties. Indiana estimates 80% emission 
reduction and 80% rule effectiveness from this rule. An emissions 
reduction credit of 929 lbs VOC/day from the rule is acceptable.
Municipal Solid Waste Landfills Rule
    The State rule 326 IAC 8-8 applies to new and existing municipal 
solid waste landfills emitting greater than 55 tons of non-methane 
organic compounds per year and with a minimum design capacity of 
100,000 megagrams of solid waste. The rule requires the operation of a 
landfill gas collection system and combustion device. Based on a 
destruction efficiency of 98% and collection efficiencies ranging from 
50% to 60%, Indiana estimates that an overall VOC emission control 
efficiency of 49% may be achieved, with 80% rule effectiveness. Indiana 
has credited an emission reduction of 1,132 lbs VOC/day from this rule, 
which is acceptable.
Coke Oven NESHAP
    This federal rule (40 CFR part 63, subpart L) applies to all by-
product coke ovens and nonrecovery coke ovens as stipulated in the 
rule. The hazardous air pollutants regulated under the rule are also 
VOC. The rule is estimated to have a 15% and 52% control efficiency for 
topside leaks and charging, respectively, along with 80% rule 
effectiveness. An emission reduction of 1,226 lbs VOC/day has been 
credited from this rule, which is acceptable.

[[Page 15850]]

Automobile Refinishing Rule
    The State rule 326 IAC 8-10 requires automobile and mobile 
equipment refinishing shops to use lower VOC coatings, less-emitting 
spray-gun and spray-gun cleaning equipment, and improved work practices 
to reduce VOC. To improve rule effectiveness, this rule also requires 
refinishing coating suppliers in the area to sell only coatings which 
meet the VOC limits required in the rule. In addition to documentation 
contained in the submittal, Indiana submitted supplemental 
documentation which indicates that an overall 77.8% emission reduction 
can be expected from all the control measures required by this rule, 
with 100% rule effectiveness. This documentation has been included in 
the docket for this rulemaking. Indiana has taken an emission reduction 
credit of 4,679 lbs VOC/day from this rule, which is acceptable.
VOL Storage Rule
    The State rule 326 IAC 8-9 requires special roof design and sealing 
requirements for certain VOL storage vessels. Indiana is only taking 
credit from controls on external floating roof tanks and fixed roof 
tanks, assuming 96% and 50% control efficiency, respectively, as 
contingency measures. The emission credit taken for the VOL storage 
rule, 2,620 lbs VOC/day, is acceptable.
    The Lake and Porter Counties 15% ROP and contingency plans contain 
adequate documentation on how the expected emission reductions from the 
control measures were calculated. These expected reductions are 
approvable.

F. Enforceability Issues

    All measures and other elements in the SIP must be enforceable by 
the State and EPA (See sections 172(c)(6), 110(a)(2)(A) of the Act, and 
57 FR 13556). The EPA criteria addressing the enforceability of SIPs 
and SIP revisions were stated in a September 23, 1987 memorandum (with 
attachments) from the Assistant Administrator for Air and Radiation 
(see 57 FR 13541). Nonattainment area plan provisions must also contain 
a program that provides for enforcement of the control measures and 
other elements in the SIP [see section 110(a)(2)(C) of the Act].
    The control measures included in the Lake and Porter 15% ROP and 
contingency plans have been fully adopted by Indiana and have been 
submitted to EPA as revisions to the State's ozone SIP. The EPA has 
independently reviewed each control measure to determine conformance 
with SIP requirements under section 110 and part D of the Act, and the 
overall enforceability of the measure's requirements. Rulemaking action 
on each control measure is as follows:

----------------------------------------------------------------------------------------------------------------
                    Control measure                                        Date of EPA approval                 
----------------------------------------------------------------------------------------------------------------
Enhanced I/M Program (326 IAC 13-1.1)..................  March 19, 1996 (61 FR 11142).                          
Reformulated Gasoline (40 CFR Part 80, Subpart D)......  Federal regulation promulgated February 16, 1994, (59  
                                                          FR 7716).                                             
Stage II Gasoline Vapor Recovery (326 IAC 8-4-6).......  April 28, 1994 (59 FR 21942).                          
Federal AIM Coatings Rule..............................  Proposed federal regulation for which Indiana can take 
                                                          credit. (See memorandum dated March 7, 1996, from John
                                                          Seitz, Director, Office of Air Quality Planning and   
                                                          Standards to Regional Air Division Directors.)        
Non-CTG RACT (326 IAC 8-7).............................  July 5, 1995 (60 FR 34857).                            
Keil Chemical July 29, 1994, Agreed Order..............  Date of EPA approval action is date of today's Federal 
                                                          Register. See discussion below.                       
Residential Open Burning Ban (326 IAC 4-1).............  February 1, 1996 (61 FR 3581).                         
Coke Oven Battery Shutdown (326 IAC 6-1-10.1(k)(5))....  June 15, 1995 (60 FR 31412).                           
Municipal Solid Waste Landfills (326 IAC 8-8)..........  January 17, 1997 (62 FR 2591).                         
Coke Oven NESHAP (40 CFR Part 60, Subpart L)...........  Federal regulation promulgated October 27, 1993 (58 FR 
                                                          57911).                                               
Auto Refinishing (326 IAC 8-10)........................  June 13, 1996 (61 FR 29965).                           
Volatile Organic Liquid Storage Tanks (326 IAC 8-9)....  January 17, 1997 (62 FR 2593).                         
----------------------------------------------------------------------------------------------------------------

    The agreed order for Keil Chemical is being approved in today's 
direct final rulemaking action. A discussion of this approval is 
included in part V of this rulemaking action.

G. Transportation Conformity 1996 Mobile Source Emissions Budget

    Section 176(c) requires States to submit SIP revisions establishing 
the State's criteria and procedures for assessing the conformity of 
federal actions (transportation and general) to the SIP's purpose of 
eliminating or reducing the severity and number of violations of the 
NAAQS and achieving expeditious attainment of such standards, and that 
such activities will not: (1) Cause or contribute to any new violation 
of any standard in any area, (2) increase the frequency or severity of 
any existing violation of any standard in any area, or (3) delay timely 
attainment of any standard or any required interim emission reductions 
or other milestones in any area. To assure conformity with the SIP, 
conformity analyses for transportation projects must take into account 
the amount of on-road mobile source emissions that can be emitted in 
accordance with SIP emission reduction milestones. For the purposes of 
EPA transportation conformity determinations, the 1996 emission level 
for on-road mobile sources that is achieved from the 15% ROP plan, 
constitutes the 1996 VOC mobile source emission budget for Lake and 
Porter Counties. This level, which is derived from MOBILE5a using 1996 
projected on-road mobile source emissions with reformulated gasoline 
and enhanced I/M, is 50,015 lbs/day. Therefore, final approval of the 
15% ROP plan also approves the 1996 mobile source VOC emission budget.
    For years after 1996, conformity determinations addressing VOCs 
must demonstrate consistency with this plan revision's motor vehicle 
emissions budget, and satisfaction of the build/no-build test. Final 
approval of this 15% ROP plan would not eliminate the need for a build/
no-build test for oxides of nitrogen.

H. Concluding Statement on 15% ROP and Contingency Plans

    The EPA has reviewed the Lake and Porter Counties 15% ROP and 
contingency plans SIP revisions submitted to EPA as described above, 
and finds that the plans satisfy the requirements of sections 
172(c)(9), 182(b)(1), and 182(c)(9) of the Act, as well as EPA guidance 
for such plans. Therefore, the EPA, in this action, is approving these 
plans as revisions to the Indiana ozone SIP.

[[Page 15851]]

V. Analysis of Keil Chemical Agreed Order

    A July 29, 1994, agreed order (Cause No. A-2250) between IDEM and 
Keil Chemical was included in the Lake and Porter Counties 15% ROP and 
contingency plans SIP submittal as a control measure for the 15% ROP 
plan. Keil Chemical operates a Pyro-Chek manufacturing process in 
Hammond, Lake County, Indiana. The 1990 plant VOC emissions from the 
Pyro-Chek stack were estimated to be 5,060 lbs VOC/day, and, if left 
uncontrolled, were projected to be approximately 5,464 lbs VOC/day in 
1996. Pursuant to the agreed order with IDEM, Keil Chemical installed 
and began operation of a carbon adsorption system to limit VOC 
emissions from the Pyro-Chek process stack to 15 tons of VOC per year. 
The agreed order also requires Keil Chemical to implement a fugitive 
emission control program and limits total emissions from the plant to 
25 tons of VOC per year. In today's action, EPA is approving the July 
29, 1994, Agreed Order as a revision to the Indiana ozone SIP. As a 
result of the control placed on the Pyro-Chek stack, Indiana is 
claiming 5,327 lbs VOC/day in emissions reductions from the stack.

VI. Final Rulemaking Action

    The EPA approves Indiana's 15% ROP plan for Lake and Porter 
Counties, 3% contingency plan for Lake and Porter Counties, and the 
Keil Chemical Agreed Order, as revisions to the SIP. For transportation 
conformity purposes, final approval of the 15% ROP plan also approves 
the 1996 mobile source emission budget of 50,015 lbs VOC/day.
    The EPA is publishing this action without prior proposal because 
EPA views this as a noncontroversial revision and anticipates no 
adverse comments. However, in a separate document in this Federal 
Register publication, the EPA is proposing to approve the SIP revision 
should adverse or critical comments be filed. This action will be 
effective on June 2, 1997 unless, by May 5, 1997, adverse or critical 
comments are received.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent rulemaking that 
will withdraw the final action. All public comments received will be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. The EPA will not institute a second comment period on 
this action. Any parties interested in commenting on this action should 
do so at this time. If no such comments are received, the public is 
advised that this action will be effective on June 2, 1997.
    Nothing in this action should be construed as permitting, allowing 
or establishing a precedent for any future request for revision to any 
SIP. Each request for revision to the SIP shall be considered 
separately in light of specific technical, economic, and environmental 
factors and in relation to relevant statutory and regulatory 
requirements.

VII. Administrative Requirements

A. Executive Order 12866

    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995, memorandum from Mary D. Nichols, Assistant Administrator 
for Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from Executive Order 12866 review.

B. Regulatory Flexibility

    Under the Regulatory Flexibility Act, 5 U.S.C. section 600 et seq., 
EPA must prepare a regulatory flexibility analysis assessing the impact 
of any proposed or final rule on small entities. 5 U.S.C. sections 603 
and 604. Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under section 110 and subchapter I, part D of the Act 
do not create any new requirements, but simply approve requirements 
that the State is already imposing. Therefore, because the Federal SIP 
approval does not impose any new requirements, the Administrator 
certifies that it does not have a significant impact on any small 
entities affected. Moreover, due to the nature of the Federal-State 
relationship under the Act, preparation of a flexibility analysis would 
constitute Federal inquiry into the economic reasonableness of the 
State action. The Clean Air Act forbids EPA to base its actions 
concerning SIPs on such grounds. Union Electric Co. v. EPA., 427 U.S. 
246, 256-66 (1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

    Under Section 202 of the Unfunded Mandates Reform Act of 1995, 
signed into law on March 22, 1995, EPA must undertake various actions 
in association with any proposed or final rule that includes a Federal 
mandate that may result in estimated costs to state, local, or tribal 
governments in the aggregate; or to the private sector, of $100 million 
or more. This Federal action approves pre-existing requirements under 
state or local law, and imposes no new requirements. Accordingly, no 
additional costs to state, local, or tribal governments, or the private 
sector, result from this action.

D. Submission to Congress and the General Accounting Office

    Under section 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives and the Comptroller General of the 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a major rule as defined by section 
804(2).

E. Petitions for Judicial Review

    Under section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 2, 1997. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. (See Section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Intergovernmental relations, Incorporation by reference, Ozone.

    Dated: February 19, 1997.
Michelle D. Jordan,
Acting Regional Administrator.

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

PART 52--[AMENDED]

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

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

    2. Section 52.770 is amended by adding paragraph (c)(112) to read 
as follows:

[[Page 15852]]

Sec. 52.770  Identification of plan.

* * * * *
    (c) * * *
    (112) On June 26, 1995, Indiana submitted an agreed order with Keil 
Chemical Division, Ferro Corporation (Keil Chemical) requiring volatile 
organic compound emission control at Keil Chemical's Pyro-Chek 
manufacturing process, located in Hammond, Lake County, Indiana.
    (i) Incorporation by reference. Agreed Order of the Indiana 
Department of Environmental Management, Cause No. A-2250, adopted and 
effective, July 29, 1994.
    3. Section 52.777 is amended by adding paragraphs (k) and (l) to 
read as follows:


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

* * * * *
    (k) On June 26, 1995, Indiana submitted a 15 percent 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(b)(1) of the Clean Air Act, as 
amended in 1990.
    (l) On June 26, 1995, Indiana submitted a 3 percent contingency 
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 172(c)(9) and 182(c)(9) of the Clean Air 
Act, as amended in 1990.

[FR Doc. 97-8383 Filed 4-2-97; 8:45 am]
BILLING CODE 6717-01-P