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Citation: 58 Fed. Reg. 62532 1993

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-- The search text of this PDF is generated from uncorrected OCR text.No. 227 / Monday, November 29, 1993 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117 [CGD09-93-034] Drawbridge Operation Regulations, Chicago River, IL

AGENCY: Coast Guard, DOT. ACTION: Notice oftemporary deviation.

SUMMARY: Notice is hereby given that the Coast Guard has issued a temporary deviation tothe regulations governing the opening ofcertain drawbridges over the Chicago River, from December 1 through December 31, 1993. This deviation requires the City to open the bridges on signal after receiving an advance notice ofa vessel's intended time ofpassage through the draws without regard to the number ofvessels to be afforded passage, and establishes specific periods oftime in which these bridge openings are tobe scheduled. The City is being granted this deviation
toreduce the frequency with which it must open its drawbridges and provide time for necessary maintenance during the weekdays, Monday through Friday. EFFECTIVE DATE: The period ofdeviation is effective from December 1, 1993, and continues through December 31, 1993.
FOR FURTHER INFORMATION CONTACT: Robert W. Bloom. Jr., Bridge Program Manager, Ninth Coast Guard District. Telephone number (216)522-3933 SUPPLEMENTARY INFORMATION: The flotillas ofrecreational sailboats have all returned tothe boatyards for winter storage onthe Chicago River system. This deviation is for the purpose of providing specific times on Saturdays and Sundays for sailboat movements on the river system, while providing the City with an uninterrupted period of Mondays through Fridays to perform maintenance on its bridges. The bridges affected by thisdeviation are listed below:

MainBranch Lake Shore Drive Columbus Drive Michigan Avenue Wabash Avenue State Street Dearborn Street Clark Street La Salle Street Wells Street Franklin-Orleans Street

SouthBranch Lake Street Randolph Street Washington Street Madison Avenue Monroe Street Adams Street JacksonBoulevard Van Buren Street Eisenhower Expressway Harrison Street Roosevelt Road 18th Street Canal Street South Halsted Street South Loomis Street South Ashland Avenue

NorthBranch

Grand Avenue Ohio Street Chicago Avenue North Halsted Street

This deviation from normal operating regulations is authorized in accordance with the provisions oftitle 33 ofthe Code ofFederal Regulations, § 117.35, and applies only to the passage of recreational vessels. Under this deviation the bridges listed above operated by the City ofChicago shall operate as follows:

(a)The drawsneed open for the passage ofrecreational vessels only from 7 a.m. to2 p.m. on Saturdays and on Sundays. and only after receiving a 24 hours advance notice.

(b)The Kinzie Street bridge, mile 1.81

across the North Branch, and Cermak Road bridge, mile 4.05 across the South Branch, shall continue to operate in accordance with requirements presently established in 33 CFR 117.391.

(c) All draws shall open for commercial vessels inaccordance with current regulations in 33 CFR 117.391. In accordance with current regulations, including 33 CFR 117.391, government vessels of the United States, state and local vessels used forpublic safety. and vessels in distress shall be passed through the draws ofallbridges as soon
as possible at alltimes. (d)This period ofdeviation is effective from December 1,1993, through December 31, 1993.

Additional information may be obtained from RobertW. Bloom, Jr., Bridge Program Manager, Ninth Coast Guard District, room 2083D, 1240East Ninth Street, Cleveland, Ohio44199- 2060, telephone (216) 522-3993.

Dated: November 22. 1993. Rudy K. Peschel,
Rear Admiral,U.S. CoastGuard,Commander, Ninth CoastGuard District. [FR Doc. 93-29037 Filed 11-26-93; 8:45 am]

BILLNG CODE 4910-14-A ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part52 [CA 45-1-6978; FRL-4806-7]

Conditional Approval of California's Substitute Program forthe Clean-Fuel Fleet Program

AGENCY: Environmental Protection Agency (EPA). ACTION: Notice offinal rulemaking (NFR).

SUMMARY: EPA is finalizing the conditional approval ofrevisions to the California state implementation plan (SIP) proposed in the Federal Register

onMay 7. 1993. EPA did notreceive any written comments during the 30- day comment period.

The California AirResources Board (CARB) requested EPA's conditional approval ofits commitment to submit a substitute plan for the CleanAir Act (CAAor Act) Clean-Fuel Fleet program (fleet program). The CAA fleet program provisions require states, in orderto opt-out ofthe fleet program, to submit

a substitute program forall ora portion ofthe program(s) which achieve at least equal long-term emission reductions of ozone-producing and toxic air emissions. EPA has determined that, in limited circumstances, it may accept committal SIPs to perform CAA requirements. In this action, EPA is finalizing the conditional approval of California's commitment, thereby granting California the ability to opt-out ofthe fleet program. EFFECTIVE DATE: This action is effective

onDecember 29, 1993. ADDRESSES: Copies ofthe committal SIP and Notice ofProposed Rulemaking are available for public inspection atthe following EPA Region IXoffice during normal business hours: Mobile Sources Section, Air and Toxics Division, U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105.

FOR FURTHER INFORMATION CONTACT: Roxanne Johnson, Mobile Sources Section, (A-2-1), Air &Toxics Division, U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-1227.

SUPPLEMENTARY INFORMATION:
I. Background

On May 7, 1993 in 58FR 27254, EPA proposed to conditionally approve the* State ofCalifornia's commitment to submit a substitute plan to "opt-out" of the CAA Clean-Fuel Fleet program. The 

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fleetprogram is to introduce (in22 nonattainment cities) lower pollution emitting vehicles into centrally fueled fleets of(10 or more) vehicles in areas with the worst air quality problems. Section 246 ofthe Act directs certain states containing "covered areas," as defined in section 246(a), torevise their SIPsto require that "at least a specified percentage ofall newcovered fleet vehicles inmodel year 1998 and thereafter purchased by each covered fleet operated ineach covered area shall be clean-fuel vehicles and shall use clean alternative fuels when operating inthe covered area."

The goal ofthe fleet program isto reduce emissions ofnon-methane organic gases (NMOG) and oxides of

- nitrogen (NOx), andto demonstrate the feasibility ofusing clean-fuel vehicles in centrally-fueled fleets. A credit program for the fleet program alongwith transportation control measure exemptions for fleetvehicles was promulgated in a separate rulemaking (58 FR 11888, March 1, 1993).

California has proposed to opt-out of the fleetprogram by submitting California's low-emission vehicle (LEV) regulations as a substitute program. The SIP revision will commit California to achieve emission reductions equivalent to those predicted to occur with full implementation ofthe CAA fleet program.
H. Response to Comments

A 30-day public comment period was provided inthe May 7, 1993, 58 FR 27253. EPA did not receive any written comments during the comment period, which ended onJune 7, 1993.
HI. EPA Evaluation and Final Action

EPA is finalizing action to conditionally approve the submittal revision for inclusion into the California SIP (seeGeneral Preamble for the Implementation ofTitle Iofthe Clean Air Act Amendments of 1990,April 16, 1992, 57FR 13498, regarding the requirements ofsection 110(a)and part D ofthe CAA).

.EPA determined that ifCalifornia and other states are intending to opt-out of the fleet program they should do so by November 15, 1992, and should atthat time submit and commit to a substitute plan. EPA conditionally approved California's commitment andthe State will nowbe required to submit a fully adopted SIP revision fulfillingthat commitment-by May 15, 1994 (also the deadline for submitting SIPrevisions to implement the fleet program pursuant to section 246(a) ofthe Act). IfCalifornia fails to submit a SIP revision fulfilling its commitment ofthe substitute program by May 15, 1994, the conditional approval willbe treated as

a disapproval and the statewill have an obligation to submit afully-adopted SIP revision to implement the fleet program in accordance with section 246. EPA believes this approach is consistent with the provisions ofthe Act and will

ensure that,by May 15, 1994, a SIP revision either implementing the fleet
program or a substitute program achieving equivalent air quality benefits will have been submitted to EPA.

EPA will require much greater detail by May 15, 1994 describing why and how California's substitute program is sufficient to provide long-term reductions in ozone-producing, carbon monoxide and toxic air emissions equal
to or greater than those provided by the CAA fleet program. EPA expects that California will consider its reasonable further progress goals (as defined in section 171 ofthe CAA) in deciding whether to opt-out of the fleet program. The State can still choose to implement part or all ofthe CAA fleet program by May 15, 1994.

Nothing in this action should be construed as permitting or allowing or establishing aprecedent for any future request for revision to any SIP. Each request forrevision to the SIP shall be considered separately in light ofspecific technical, economic, and environmental factors and inrelation to relevant statutory regulatory requirements.

IV. Regulatory Process

This action has been classified as a Table 2 Action by the Regional Administrator under the procedures published in the Federal Register on January 19, 1989 (54 FR 2214-2225). On January 6. 1989, the Office of Management and Budget (OMB) waived Table 2 and Table 3 SIP revisions from the requirement ofsection 3 of Executive Order 12291 for a period of
two years. U.S. EPA has submitted a request for a permanent waiver for Table 2 and Table 3 SIP revisions. The OMB has agreed to continue the waiver until such time as it rules on U.S. EPA's request. This request continues in effect under Executive Order 12866 which superseded Executive Order 12291 on September 30, 1993.

under the Regulatory Flexibility Act, 5 U.S.C. 600 etseq., EPA must prepare

aregulatory flexibility analysis assessing the impact ofany proposed or final rule on small entities. 5 U.S.C. 603 and 604. Alternatively, EPA may certify that the plan will not have a significant impact on a substantial number ofsmall entities. Small entities include small businesses, small not-for-profit enterprises, and government entities with jurisdiction over populations less than 50,000.

Conditional approvals under section 110 and subchapter I,part D ofthe CAA do notcreate anynew requirements, but simply approve requirements that the State is already imposing. Therefore, because the federal SIP-approval does
notimpose anynew requirements, EPA certifies that this final action would not have a significant impact on any small entities affected. Moreover, due to the nature ofthe federal-state relationship under the CAA, preparation ofa regulatory flexibility analysis would constitute federal inquiry into the economic reasonableness of State action. The CAA forbids EPA tobase its actions concerning SIPson such grounds. UnionElectricCo. v U.S. E.P.A., 427 U.S. 246, 256-266 (S.Ct. 1976); 42 U.S.C. 7410(a)(2).

List ofSubjects in 40 CFRPart 52

Environmental protection, Administrative practice and procedure, Air pollution control forOzone, Hydrocarbons, Intergovernmental relations, Motor vehicles' pollution, Nitrogen oxide, Reporting and recordkeeping requirements.

Dated: November 2,1993. FeliciaMarcus, Regional Administrator. Part 52, chapter I,title 40 ofthe Code ofFederal Regulations is amended to read as follows:

PART 52-(AMENDED]

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

Authority: 42 U.S.C. 7401-7671q. Subpart F-California

2. Subpart F is amended by adding 

### §52.219 toread as follows: 

### §52.219 Identification ofplan- Conditionalapproval.

The plan revision commitments listed inparagraph (a) ofthis section were submitted on the date specified.

(a)On November 13, 1992, California submitted a commitment to prepare a revision to the California State. Implementation Plan (SIP) for the California ozone nonattainment areas to address the requirement in section 182(c)(4)(B) ofthe 1990 Clean Air Act Amendments that requires the States to develop a SIP revision for all ozone nonattainment areas classified as serious and above to opt-out ofthe Clean-Fuel Fleet Program by submitting forEPA approval a substitute program(s) resulting in as much or greater longterm reductions in ozone-producing and 

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toxic air emissions. The State submittal contained an Interim milestone to supply more accurate emission reduction data demonstrating equivalence no laterthan one year after the publication date ofthe Federal Register Notice approving the States committal SIPrevision. California is required to submit the final SIP revision byMay 15, 1994. The State held a public meeting on this committal SIP on March 17, 1992. The California SIP revisions are met automatically when the SIP revision concerns a regulation previously adopted by the Board. [FRDoc. 93-29053 Filed 11-26-93; 8:45 am! DILUnG CODE 5660-P

40 CFR Part 52

U1N21-26157: FRL-4806-0]

Basic and EnhancedVehicle Inspection and Maintenance Plan; Indiana
AGENCY: United States Environmental Protection Agency (U.S.EPA). ACTION: Final rule.
SUMMARY: This action disapproves a revisionto the Indiana State Implementation Plan (SIP) forthe attainment ofthe National Ambient Air Quality Standard for ozone. This revisionwas intended toprovide for the adoption and implementation ofa vehicle inspection/maintenance (I/M)
program meeting the requirements of U.S. EPA regulations, published in the FederalRegister on November 5, 1992, concerning vehicle I/Mprograms (I/M Regulation) for the Lake, Porter, Clark, and Floyd Counties ozone nonattainment areas. The revision was submitted on December 2, 1992 and consisted ofacommitment by the Governor's designee to the timely adoption and implementation ofan I/M program meeting all the requirements of U.S. EPA's I/M regulations and a schedule for implementation ofthe required program. U.S. EPA's disapproval ofthe submittal is based on the failure by the State ofIndiana to meet important milestones pertaining to the development and adoption of necessary rulemaking fortheI/M program. Such failure prevented the State from meeting its commitment to submit a full revised I/M SIP by November 15. 1993. U.S. EPA proposed
to disapprove the submittal on September 9, 1993. EFFECTIVE DATE: The finalrule is effective on December2-9, 1993. ADDRESSES: Materials relevant to this final rule are available atthe following address: U.S. Environmental Protection Agency, Region 5, Air and Radiation Division,Regulation Development Branch, 77West Jackson Boulevard, Chicago. Illinois 60604.The docket may be inspected between the hours of8:30

a.m. until 12 noon and from 1:30p.m. until 3:30 p.m. Monday through Friday. A reasonable fee may be charged by U.S. EPA for copying docket material.
FOR FURTHER INFORMATION CONTACT: FranciscoJ.Acevedo, Environmental Engineer, Regulation Development Section, Regulation Development Branch (5AR-18J). United States Environmental Protection Agency, Region 5. 77 West Jackson Boulevard. Chicago, Illinois 60604, (312) 886- 6061.Anyone wishingto come toRegion 5 offices should first contact Francisco J.Acevedo.
SUPPLEMENTARY INFORMATION:
I. Background

On November 5, 1992 (57 FR 52950) U.S. EPA published a final regulation establishing the I/M requirements, pursuant to section 182 ofthe Act. The I/M regulation was codified at40 CFR part 51. subpart S, and requires, among other things,that each State that is required to implement an IVM program must submit by November 15, 1992, a SIPrevision including two elements: (1) A commitment from the Governor or his/her designee to the timely adoption and implementation ofan I/M program meeting all the requirements ofthe I/M regulation; and (2) a schedule of implementation. In addition, the commitment was toprovide interim milestones that the State mustmeet withregard to the timely implementation ofany necessary legislation andregulations required to have full legal authority to implement the program. Failure by the Stateto meetany ofthe above mentioned requirements is grounds for U.S. EPA to disapprove the commitment.

Under the authority ofthe Governor. the Commissioner ofthe Indiana Department ofEnvironmental Management. on December 2. 1992. submitted a SIPrevision to satisfy certain requirements ofthe I/M regulation to U.S. EPA. A public hearing

on this submittalwas held by the State

on October 22. 1992. in Gary, Indiana. The submittal included a commitment to the timelyadoption and implementation ofanI/M program in the Lake. Porter, Clark. and Floyd Countiesozone nonattainment areas meeting allthe requirements ofthe IIM regulation and the Act by November 15. -1993, and a schedule of implementation. On June 30,1993, the Indiana legislature adjourned without taking necessary action to enable implementation ofthe T/Mprovisions mandated inthe Clean AirAct and the I/Mrule forLake and Porter Counties. This failure to provide necessary authority has prevented the State from submitting a complete SIPrevision containing all therequired elements of the program by November 15, 1993.

U.S. EPA reviewed theDecember 2, 1992 commitment and proposed to disapprove it on September 9. 1993 (58 FR 47415). based on the failure by the State to meet the commitment and schedule contained in the SIP submittal pertaining to the adoption of necessary authority to implement I/M requirements during the 1993 Indiana General legislative session.

On August 17, 1993, U.S. EPA sent a letter to Governor Bayh ofIndiana and
to the Federal Highway Administration advising them that U.S. EPA has decided to exercise its discretionary authority undersection 110(m) ofthe Act to impose sanctions at any time

once a finding ofSIP deficiency is made. Because ofthe failure ofthe Legislature toprovide necessary authority to implement an enhanced I M program in Lake andPorter Counties, it is U.S. EPA'sintent topublish a. proposed rule in the Federal Register in the near future proposing to limit certain Federal highway funding assistance statewide and to impose 2:1 emissions offset growth limitations for

new and modified major stationary

sources ofvolatile organic compounds and oxides ofnitrogen in the ozone nonattainment counties ofLake, Porter, Clark, Floyd. Marion, St.Joseph, Elkhart. and Vanderburgh Counties.A public comment period ofat least30 days and anopportunity forpublic hearing(s) will[be provided t6'solicit
comments on the proposed imposition ofsanctions.

This final disapproval ofthe State's commitment initiates the sanctions process under section 179(a). Under section 179(a), U.S. EPA is required to impose one ofthe sanctions under section 179tb) 18 months after the final disapproval ifthe deficiencies are not corrected by that time. In addition, the final disapproval triggers the Federal implementation plan requirement under section 110(c). Further, as stated above. U.S. EPA in an August 17, 1993. letter to Governor Bayh ofIndiana has indicated its decision to exercise its discretionary authority under section 110(m) ofthe Act inthis situation. Such discretionary authority allows U.S. EPA
to impose sanctions at any time once a finding ofSIP deficiency ismade,

HeinOnline -- 58 Fed. Reg. 62534 1993