[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]



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.


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 

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.

Development Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois, 60604. 
Telephone: (312) 886-6036.


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 

[[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 

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:


    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 

Sec. 52.726  Control strategy: Ozone.

 * * * * *
    (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.
* * * * *
[FR Doc. 97-3254 Filed 2-10-97; 8:45 am]