Federal Highway Funding Assistance Limitations and Emissions Offset Requirements; Indiana

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The U.S. Environmental Protection Agency (USEPA) is proposing this action to impose sanctions on Indiana under the discretionary sanction authority provided under the Clean Air Act, as amended in 1990, (CAA or Act) for failure by the State to submit a complete SIP revision for an enhanced motor vehicle inspection and maintenance (I/M) program as required by the Act for certain ozone nonattainment areas. On December 2, 1992, the Indiana Department of Environmental Management (IDEM), acting as the governor's designee, submitted a commitment (Committal SIP) to adopt an I/M program to meet the requirement of the Act and the I/M rule by November 15, 1993. The committal SIP provides for the adoption and implementation of an enhanced I/M program meeting all requirements of USEPA's I/M regulations and includes an implementation schedule. On September 9, 1993, USEPA proposed to disapprove this SIP revision and on November 29, 1993, USEPA disapproved this SIP revision based on the failure by the State to meet milestones contained in the committal SIP's implementation schedule pertaining to the enactment of necessary legislative authority. A full SIP revision including State legislative autho