[Federal Register Volume 62, Number 28 (Tuesday, February 11, 1997)]
[Rules and Regulations]
[Pages 6126-6127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3254]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IL154-1a; FRL-5685-7]
Approval and Promulgation of Implementation Plans; Illinois
AGENCY: U.S. Environmental Protection Agency (USEPA).
ACTION: Direct final rule.
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SUMMARY: On October 11, 1996, Illinois submitted a negative declaration
regarding the need for rules controlling air emissions from sources
classified as part of the ``Shipbuilding and Ship Repair Industry''
(SSRI) or ``Marine Coatings'' category in the Standard Industrial
Classification (SIC) Manual. This negative declaration indicates that
the State of Illinois has determined that there are no major sources
(sources with a potential to emit twenty-five or more tons per year of
volatile organic material (VOM)) in Illinois' ozone nonattainment
areas. In this action, USEPA is approving the State's finding that no
additional control measures are needed through a ``direct final''
rulemaking; the rationale for this approval is set forth below.
Elsewhere in this Federal Register, USEPA is proposing approval and
soliciting comment on this direct final action; if adverse comments are
received, USEPA will withdraw the direct final rulemaking and address
the comments received in a new final rule; otherwise, no further
rulemaking will occur on this requested negative declaration.
DATES: This action will be effective April 14, 1997 unless adverse
comments not previously addressed by the State or USEPA are received by
March 13, 1997. If the effective date of this action is delayed due to
adverse comments, timely notice will be published in the Federal
Register.
ADDRESSES: Written comments should be sent to: J. Elmer Bortzer, Chief,
Regulation Development Section, Air Programs Branch (AR-18J), U.S.
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,
Illinois, 60604.
Copies of the Illinois submittal are available for public review
during normal business hours, between 8:00 a.m. and 4:30 p.m., at the
above address.
FOR FURTHER INFORMATION CONTACT: Randolph O. Cano, Regulation
Development Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois, 60604.
Telephone: (312) 886-6036.
SUPPLEMENTARY INFORMATION:
I. Background
Section 183(b)(3) of the Clean Air Act requires the Administrator
of USEPA to issue a Control Technique Guideline (CTG) for controlling
VOM emissions from the Marine Coatings SIC category sources. Illinois
was required to adopt rules controlling VOM emissions from sources in
this SIC category with a potential to emit twenty-five or more tons per
year of VOM (major sources) and located in either of Illinois' ozone
nonattainment areas. The Chicago ozone nonattainment area is comprised
of Cook, DuPage, Kane, Lake, McHenry, Will Counties and Aux Sable and
Goose Lake Townships in Grundy County and Oswego Township in Kendall
County. The Metro-East ozone nonattainment area is comprised of
Madison, Monroe, and St. Clair Counties. Illinois reviewed the data in
its emissions inventory data base and determined that there were no
major sources in the marine coatings category located in Illinois ozone
nonattainment areas. Illinois also determined that should such a major
source exist it would be subject to regulation under the provisions of
the State non-CTG rules.
The USEPA has reviewed the documentation on which this Illinois
negative declaration is based. The USEPA agrees with the Illinois
finding that there are no major sources of VOM from marine coating
facilities located in Illinois' Chicago or Metro-East ozone
nonattainment areas.
II. Rulemaking Action
The USEPA approves the incorporation of Illinois' negative
declaration concerning marine coatings into the Illinois SIP for ozone.
The USEPA is publishing this action without prior proposal because
USEPA views this as a noncontroversial revision and anticipates no
adverse comments. However, in a separate document in this Federal
Register publication, the USEPA is proposing to approve the SIP
revision should adverse or critical comments be filed. This action will
be effective on April 14, 1997 unless, by March 13, 1997, adverse or
critical comments are received.
If the USEPA 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 USEPA 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 April 14, 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.
[[Page 6127]]
III. 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.,
USEPA 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, USEPA 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 USEPA 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, USEPA 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 affirms a State finding that additional
regulations covering marine coatings sources are unnecessary because no
major sources of this type are located in the Illinois ozone
nonattainment areas. No new Federal requirements are imposed.
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, USEPA 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 April 14, 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,
Ozone, and Volatile organic compounds.
Dated: January 23, 1997.
Steve Rothblatt,
Acting Regional Administrator.
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.
Subpart O--Illinois
2. Section 52.726 is amended by adding paragraph (n) to read as
follows:
Sec. 52.726 Control strategy: Ozone.
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(n) Negative declaration-- Shipbuilding and ship repair industry.
On October 11, 1996, the State of Illinois certified to the
satisfaction of the United States Environmental Protection Agency that
no major sources categorized as part of the shipbuilding and ship
repair industry are located in the Chicago, Illinois ozone
nonattainment area which is comprised of Cook, DuPage, Kane, Lake,
McHenry, Will Counties and Aux Sable and Goose Lake Townships in Grundy
County and Oswego Township in Kendall County or the Metro-East,
Illinois ozone nonattainment area which is comprised of Madison,
Monroe, and St. Clair Counties.
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[FR Doc. 97-3254 Filed 2-10-97; 8:45 am]
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