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April 28, 2000

Honorable Frank O'Bannon
Governor of Indiana
Indianapolis, Indiana 46204-2797

Dear Governor O'Bannon:

I am writing to inform you that you have the opportunity to recommend 8-hour ozone air quality standard attainment/unclassifiable or nonattainment designations until June 30, 2000.

On March 28, 2000, the Environmental Protection Agency (EPA) issued guidance regarding designations for the
8-hour ozone ambient air quality standard. These documents and a fact sheet are enclosed.

In 1999 the U.S. Court of Appeals for the D.C. Circuit remanded the 8-hour ozone standard. However, the Court of Appeals did not question the need for the new standard or the science behind it. The court also affirmed EPA’s responsibility to make designations.

The designation process has several steps. On June 25, 1999, we issued a guidance memorandum requesting that States submit the most recent ozone monitoring data identifying the monitors where exceedances of the 8-hour ozone standard have occurred. Now, Governors or their designees have the opportunity to recommend designations and submit supporting documentation until June 30, 2000.

EPA will review the recommended designations and may make modifications as deemed necessary. If EPA determines that a modification to the recommendation is necessary, EPA will notify the State at least 120 days prior to promulgating a designation, which will provide an opportunity for the State to demonstrate why EPA’s modification is not appropriate. In the case where a State does not submit recommendations, EPA will promulgate the designations it deems appropriate. After EPA makes the final designations, we will publish them in the Federal Register and set a date on which they become effective. Historically, the effective date of a rule is 30 to 60 days after publication, but it can be later.

Given this process, designations could not become effective prior to early 2001, nor would conformity or other requirements become applicable prior to that time. In the process of determining when to finalize the proposed designations and make them effective, EPA will carefully consider time needed to prepare for any applicable requirements, as well as the status of ongoing litigation and administrative proceedings.

We have also transmitted this information to the Indiana Department of Environmental Management (IDEM). We look forward to receiving your recommendations and supporting materials. If you have any questions about the enclosed material, please do not hesitate to contact me or Ryan Bahr, Environmental Engineer, of my staff, at
(312) 353-4366.



Francis X. Lyons
Regional Administrator, Region 5



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This Information Last Modified On: 09/18/2008 04:03 PM