Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Rules and Regulations 36343

(2) All persons and vessels shall

comply with the instructions of the

Coast Guard Captain of the Port or the

designated on-scene-patrol personnel.

These personnel comprise

commissioned, warrant, and petty

officers of the Coast Guard. Upon being

hailed by a U.S. Coast Guard vessel by

siren, radio, flashing light, or other

means, the operator of a vessel shall

proceed as directed.

Dated: May 30, 2000.

R.E. Bennis,

Captain, U.S. Coast Guard, Captain of the

Port, New York.

[FR Doc. 00–14507 Filed 6–7–00; 8:45 am]

BILLING CODE 4910–15–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[IN117–1a, FRL–6708–2]

Approval and Promulgation of

Implementation Plans; Indiana

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The EPA is approving nine

negative declarations submitted by the

State of Indiana on November 8, 1999,

and January 10, 2000. Each of these

negative declarations concerns sources

located in Lake and Porter Counties,

which are classified as a severe

nonattainment area for the pollutant

ozone. Each of the negative declarations

indicates that the State has searched its

emissions source inventory and permit

files for Lake and Porter Counties and

determined there are no sources with a

potential to emit 25 tons per year or

more of volatile organic compounds

(VOC) in the following source

categories: aerospace coating operations,

industrial clean up solvents, industrial

wastewater processes, offset

lithographic operations, business

plastics, automotive plastics, and

synthetic organic chemical

manufacturing industries (SOCMI) batch

processes, reactors and distillation

units.

DATES: This rule is effective on August

7, 2000, unless EPA receives adverse

written comments by July 10, 2000. If

adverse comment is received, EPA will

publish a timely withdrawal of the rule

in the Federal Register and inform the

public that the rule will not take effect.

ADDRESSES: Written comments should

be sent to: J. Elmer Bortzer, Chief,

Regulation Development Section, Air

Programs Branch (AR–18J),

Environmental Protection Agency, 77

West Jackson Boulevard, Chicago,

Illinois 60604.

Copies of the negative declarations are

available for inspection at the

Environmental Protection Agency,

Region 5, Air and Radiation Division, 77

West Jackson Boulevard, Chicago,

Illinois 60604. (Please telephone

Randolph O. Cano at (312) 886–6036

before visiting the Region 5 Office.)

FOR FURTHER INFORMATION CONTACT:

Randolph O. Cano, Environmental

Protection Specialist, Regulation

Development Section, Air Programs

Branch (AR–18J), EPA, Region 5,

Chicago, Illinois 60604, (312) 886–6036.

SUPPLEMENTARY INFORMATION:

Throughout this document wherever

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used we mean

EPA.

Table of Contents

I. What is the background for this action?

II. What are negative declarations and what

is their purpose?

III. What types of sources are covered by

these negative declarations?

IV. If new sources are constructed in Lake

and Porter Counties, will the VOC

emissions from these source categories

be uncontrolled?

V. EPA Rulemaking Action.

VI. Administrative Requirements.

A. Executive Order 12866

B. Executive Order 13045

C. Executive Order 13084

D. Executive Order 13132

E. Regulatory Flexibility Act

F. Unfunded Mandates

G. Submission to Congress and the

Comptroller General

H. National Technology Transfer and

Advancement Act

I. Petitions for Judicial Review

I. What Is the Background for This

Action?

The Clean Air Act (Act), as amended

in 1977, required States to adopt

emission controls reflective of

reasonably available control technology

(RACT) for sources of VOC emissions in

ozone nonattainment areas.

Subsequently, EPA issued three sets of

control technique guidelines (CTGs)

documents, establishing a ‘‘presumptive

norm’’ for RACT for various categories

of VOC sources. The three sets of CTGs

were (1) Group I—issued before January

1978 (15 CTGs); (2) Group II—issued in

1978 (9 CTGs); and (3) Group III—issued

in the early 1980’s (5 CTGs). Those

sources not covered by a CTG were

called non-CTG sources. EPA

determined that an area’s State

Implementation Plan (SIP) approved

attainment date established which

RACT rules the State needed to adopt

and implement and for which areas. In

those areas where the State sought from

EPA an extension of the attainment date

under section 172(a)(2) of the Act to as

late as December 31, 1987, the Act as

amended in 1977 required RACT for all

CTG sources and for all major VOC nonCTG sources. The 1977 amendments to

the Act defined as major any VOC nonCTG source with a potential to emit 100

tons per year or more of VOC emissions.

Indiana sought and received such an

extension from EPA for Lake and Porter

Counties.

Congress amended the Act in 1990.

The 1990 amendments to the Act

reduced the size definition of major

source to 25 tons per year or more of

VOC emissions for sources located in

severe ozone nonattainment areas.

Section 182(b)(2) of the Act, as

amended, requires States to adopt RACT

rules for all areas designated

nonattainment for ozone and classified

as moderate or above. There are three

parts to the section 182(b)(2) RACT

requirement: (1) RACT for sources

covered by an existing CTG—i.e., a CTG

issued prior to the enactment of the

amended Act of 1990; (2) RACT for

sources covered by a post-enactment

CTG; and (3) all major sources not

covered by a CTG. These section

182(b)(2) RACT requirements are

referred to as the RACT ‘‘catch-up’’

requirements.

Section 183 of the amended Act

requires EPA to issue CTGs for 13

source categories by November 15, 1993.

EPA published a CTG by this date for

the following source categories—

Synthetic Organic Chemical

Manufacturing Industry (SOCMI)

Reactors and Distillation, aerospace

manufacturing coating operation,

shipbuilding and ship repair coating

operations, and wood furniture coating

operation; however, EPA has not

completed the CTGs for the remaining

source categories. The amended Act

requires States to submit rules for

sources covered by a post-enactment

CTG in accordance with a schedule

specified in a CTG document.

The EPA created a CTG document as

appendix E to the General Preamble for

the Implementation of Title I of the

Clean Air Act Amendments of 1990. (57

FR 18070, 18077, April 28, 1992). In

appendix E, EPA interpreted the Act to

allow a State to submit a non-CTG rule

by November 15, 1992, or to defer

submittal of a RACT rule for sources

that the State anticipated would be

covered by a post-enactment CTG, based

on the list of CTGs EPA expected to

issue to meet the requirement in section

183. Appendix E states that if EPA fails

to issue a CTG by November 15, 1993

(which it did for 11 source categories),

the responsibility shifts to the State to

36344 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Rules and Regulations

1Alternative Control Documents are prepared by

EPA to provide information on emissions, controls,

control options and costs which the State can use

in developing rules based on RACT.

submit a non-CTG RACT rule for those

sources by November 15, 1994. In

accordance with section 182(b)(2),

implementation of that RACT rule

should occur by May 31, 1995.

II. What Are Negative Declarations and

What Is Their Purpose?

The EPA does not require States to

develop plans or regulations to control

emissions from sources which are not

located in the planning area. In order to

determine whether this might be the

case, the State may examine its

emissions inventory before initiating the

planning and regulation development

process. If the State finds no subject

sources, then the State may prepare and

submit to EPA, a negative declaration

stating there are no sources in the

planning area which would be subject to

the required rule, rather than a control

plan for sources in a particular category.

In addition to reviewing its emissions

inventory, Indiana reviewed its permit

files for sources with a potential to emit

25 tons or more of VOC annually

located in Lake and Porter Counties.

III. What Types of Sources Are Covered

by These Negative Declarations?

The State negative declarations

addressed two CTG categories: Control

of Volatile Organic Compound

Emissions from Industrial Wastewater

(EPA Document Number: EPA–453/D–

93–056) and Control of Volatile Organic

Emissions from Coating Operations at

Aerospace Manufacturing and Rework

Facilities (EPA Document Number:

EPA–453/R–97–004, December 1997).

The State’s negative declarations also

includes two source categories

addressed by the Alternative Control

Document: 1 Surface Coating of

Automotive/ Transportation and

Business Machine Plastic Parts (EPA

4531R–94–017, February 1994 including

page 4–3a as revised April 4, 1994). The

State negative declarations also

addressed five non-CTG source

categories because the State must

control VOC emissions from all sources

with a potential to emit 25 tons or more

of VOC annually located in Lake and

Porter Counties. Indiana searched its

inventory and determined that no

sources with a potential to emit 25 tons

or more of VOC per year were located

in Lake and Porter Counties in the

following five non-CTG source

categories: industrial clean up solvents,

offset lithography operations, and

SOCMI batch processes, reactors and

distillation units.

IV. If New Sources Are Constructed in

Lake and Porter Counties, Will the VOC

Emissions From These Source

Categories Be Uncontrolled?

No, new major sources locating in a

nonattainment area are subject to the

more stringent emission control

requirements of New Source Review

under part D of the Clean Air Act.

V. EPA Rulemaking Action

EPA has examined the State’s

negative declarations regarding the lack

of need for regulations controlling

emissions from the source categories

identified above and located in Lake

and Porter Counties. EPA also examined

the supporting evidence provided by the

State. Based on these examinations, EPA

agrees there are currently no major

sources in the nine categories for which

the State submitted negative

declarations located in the Lake and

Porter Counties severe ozone

nonattainment area. As a result, EPA

approves Indiana’s negative declarations

for these sources.

EPA is publishing this action without

prior proposal because EPA views this

as a noncontroversial revision and

anticipates no adverse comments.

However, in a separate document in this

Federal Register publication, EPA is

proposing to approve the State Plan

should adverse written comments be

filed. This action will be effective

without further notice unless EPA

receives relevant adverse written

comment by July 10, 2000. Should EPA

receive such comments, it will publish

a final rule informing the public that

this action will not take effect. 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 August 7, 2000.

VI. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from Executive Order 12866,

entitled ‘‘Regulatory Planning and

Review.’’

B. Executive Order 13045

Protection of Children from

Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997),

applies to any rule that: (1) Is

determined to be ‘‘economically

significant’’ as defined under Executive

Order 12866, and (2) concerns an

environmental health or safety risk that

EPA has reason to believe may have a

disproportionate effect on children. If

the regulatory action meets both criteria,

the Agency must evaluate the

environmental health or safety effects of

the planned rule on children, and

explain why the planned regulation is

preferable to other potentially effective

and reasonably feasible alternatives

considered by the Agency.

This rule is not subject to Executive

Order 13045 because it does not involve

decisions intended to mitigate

environmental health or safety risks.

C. Executive Order 13084

Under Executive Order 13084, EPA

may not issue a regulation that is not

required by statute, that significantly

affects or uniquely affects the

communities of Indian tribal

governments, and that imposes

substantial direct compliance costs on

those communities, unless the Federal

government provides the funds

necessary to pay the direct compliance

costs incurred by the tribal

governments, or EPA consults with

those governments. If EPA complies by

consulting, Executive Order 13084

requires EPA to provide to the Office of

Management and Budget, in a separately

identified section of the preamble to the

rule, a description of the extent of EPA’s

prior consultation with representatives

of affected tribal governments, a

summary of the nature of their concerns,

and a statement supporting the need to

issue the regulation. In addition,

Executive Order 13084 requires EPA to

develop an effective process permitting

elected officials and other

representatives of Indian tribal

governments ‘‘to provide meaningful

and timely input in the development of

regulatory policies on matters that

significantly or uniquely affect their

communities.’’

Today’s rule does not significantly or

uniquely affect the communities of

Indian tribal governments. This action

does not involve or impose any

requirements that affect Indian Tribes.

Accordingly, the requirements of

section 3(b) of Executive Order 13084

do not apply to this rule.

D. Executive Order 13132

Federalism (64 FR 43255, August 10,

1999) revokes and replaces Executive

Orders 12612 (Federalism) and 12875

(Enhancing the Intergovernmental

Partnership). Executive Order 13132

requires EPA to develop an accountable

process to ensure ‘‘meaningful and

timely input by State and local officials

in the development of regulatory

policies that have federalism

implications.’’ ‘‘Policies that have

federalism implications’’ is defined in

Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Rules and Regulations 36345

the Executive Order to include

regulations that have ‘‘substantial direct

effects on the States, on the relationship

between the national government and

the States, or on the distribution of

power and responsibilities among the

various levels of government.’’ Under

Executive Order 13132, EPA may not

issue a regulation that has federalism

implications, that imposes substantial

direct compliance costs, and that is not

required by statute, unless the Federal

government provides the funds

necessary to pay the direct compliance

costs incurred by State and local

governments, or EPA consults with

State and local officials early in the

process of developing the proposed

regulation. EPA also may not issue a

regulation that has federalism

implications and that preempts State

law unless the Agency consults with

State and local officials early in the

process of developing the proposed

regulation.

This rule will not have substantial

direct effects on the States, on the

relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132, because it

merely approves a state rule

implementing a federal standard, and

does not alter the relationship or the

distribution of power and

responsibilities established in the Clean

Air Act. Thus, the requirements of

section 6 of the Executive Order do not

apply to this rule.

E. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA)

generally requires an agency to conduct

a regulatory flexibility analysis of any

rule subject to notice and comment

rulemaking requirements unless the

agency certifies that the rule will not

have a significant economic impact on

a substantial number of small entities.

Small entities include small businesses,

small not-for-profit enterprises, and

small governmental jurisdictions.

This rule will not have a significant

impact on a substantial number of small

entities because SIP approvals under

section 110 and subchapter I, part D of

the Clean Air 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 create

any new requirements, I certify that this

action will not have a significant

economic impact on a substantial

number of small entities. Moreover, due

to the nature of the Federal-State

relationship under the Clean Air Act,

preparation of flexibility analysis would

constitute Federal inquiry into the

economic reasonableness of state action.

The Clean Air Act forbids EPA to base

its actions concerning SIPs on such

grounds. Union Electric Co., v. U.S.

EPA, 427 U.S. 246, 255–66 (1976); 42

U.S.C. 7410(a)(2).

F. Unfunded Mandates

Under sections 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany 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. Under section

205, EPA must select the most costeffective and least burdensome

alternative that achieves the objectives

of the rule and is consistent with

statutory requirements. Section 203

requires EPA to establish a plan for

informing and advising any small

governments that may be significantly

or uniquely impacted by the rule.

EPA has determined that the approval

action promulgated does not include a

Federal mandate that may result in

estimated costs of $100 million or more

to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

G. Submission to Congress and the

Comptroller General

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. EPA will submit 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 United

States prior to publication of the rule in

the Federal Register. A major rule

cannot take effect until 60 days after it

is published in the Federal Register.

This action is not a ‘‘major rule’’ as

defined by 5 U.S.C. 804(2). This rule

will be effective August 7, 2000 unless

EPA receives adverse written comments

by July 10, 2000.

H. National Technology Transfer and

Advancement Act

Section 12 of the National Technology

Transfer and Advancement Act

(NTTAA) of 1995 requires Federal

agencies to evaluate existing technical

standards when developing a new

regulation. To comply with NTTAA,

EPA must consider and use ‘‘voluntary

consensus standards’’ (VCS) if available

and applicable when developing

programs and policies unless doing so

would be inconsistent with applicable

law or otherwise impractical.

The EPA believes that VCS are

inapplicable to this action. Today’s

action does not require the public to

perform activities conducive to the use

of VCS.

I. Petitions for Judicial Review

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by August 7, 2000.

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,

Administrative practice and procedure,

Air pollution control, Hydrocarbons,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements, Volatile organic

compounds.

Dated: May 24, 2000.

Francis X. Lyons,

Regional Administrator, Region 5.

For the reasons stated in the

preamble, 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 et seq.

Subpart P—Indiana

2. Section 52.777 is amended by

adding paragraph (w) to read as follows:

§ 52.777 Control strategy: Photochemical

oxidants (hydrocarbons).

* * * * *

36346 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Rules and Regulations

(w) Negative declarations—Aerospace

coating operations, industrial clean up

solvents, industrial wastewater

processes, offset lithography operations,

business plastics, automotive plastics,

and synthetic organic chemical

manufacturing industries (SOCMI) batch

processes, reactors and distillation units

categories. On November 8, 1999, and

January 10, 2000, the State of Indiana

certified to the satisfaction of the

Environmental Protection Agency that

no major sources categorized as part of

the nine categories listed above and

have a potential to emit 25 tons or more

of volatile organic compounds annually

are located in Lake or Porter Counties in

northwest Indiana.

[FR Doc. 00–13841 Filed 6–7–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR part 52

[IN112–1a, FRL–6708–5]

Approval and Promulgation of

Implementation Plans; Indiana

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The EPA is approving nine

negative declarations submitted by the

State of Indiana on November 8, 1999.

Each of these negative declarations

concerns sources located in Clark and

Floyd Counties, which are classified as

a moderate nonattainment area for the

pollutant ozone. Each of the negative

declarations indicates that the State has

searched its emissions source inventory

and permit files for Clark and Floyd

Counties and determined that there are

no sources with a potential to emit 100

tons per year or more of volatile organic

compounds (VOC) in the following

source categories: aerospace coating

operations, industrial clean up solvents,

industrial wastewater processes, offset

lithographic printing, business plastics,

automotive plastics, and synthetic

organic chemical manufacturing

industries (SOCMI) batch processes,

reactors and distillation units.

DATES: This rule is effective on August

7, 2000 unless EPA receives adverse

written comments by July 10, 2000. If

adverse comment is received, EPA will

publish a timely withdrawal of the rule

in the Federal Register and inform the

public that the rule will not take effect.

ADDRESSES: Written comments should

be sent to: J. Elmer Bortzer, Chief,

Regulation Development Section, Air

Programs Branch (AR–18J),

Environmental Protection Agency, 77

West Jackson Boulevard, Chicago,

Illinois 60604.

Copies of the negative declarations are

available for inspection at the

Environmental Protection Agency,

Region 5, Air and Radiation Division, 77

West Jackson Boulevard, Chicago,

Illinois 60604. (Please telephone

Randolph O. Cano at (312) 886-6036

before visiting the Region 5 Office.)

FOR FURTHER INFORMATION CONTACT:

Randolph O. Cano, Environmental

Protection Specialist, Regulation

Development Section, Air Programs

Branch (AR–18J), EPA, Region 5,

Chicago, Illinois 60604, (312) 886–6036.

SUPPLEMENTARY INFORMATION:

Throughout this document wherever

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used we mean

EPA.

Table of Contents

I. What is the background for this action?

II. What are negative declarations and what

is their purpose?

III. What types of sources are covered by

these negative declarations?

IV. If new sources are constructed in Clark

and Floyd Counties, will VOC emissions

from these source categories be

uncontrolled?

V. EPA Rulemaking Action.

VI. Administrative Requirements.

A. Executive Order 12866

B. Executive Order 13045

C. Executive Order 13084

D. Executive Order 13132

E. Regulatory Flexibility Act

F. Unfunded Mandates

G. Submission to Congress and the

Comptroller General

H. National Technology Transfer and

Advancement Act

I. Petitions for Judicial Review

I. What Is the Background for This

Action?

The Clean Air Act (Act), as amended

in 1977, required States to adopt

emission controls reflective of

reasonably available control technology

(RACT) for sources of VOC emissions in

ozone nonattainment areas.

Subsequently, EPA issued three sets of

control technique guidelines (CTGs)

documents, establishing a ‘‘presumptive

norm’’ for RACT for various categories

of VOC sources. The three sets of CTGs

were (1) Group I—issued before January

1978 (15 CTGs); (2) Group II—issued in

1978 (9 CTGs); and (3) Group III—issued

in the early 1980’s (5 CTGs). Those

sources not covered by a CTG were

called non-CTG sources. EPA

determined that an area’s State

Implementation Plan (SIP) approved

attainment date established which

RACT rules the State needed to adopt

and implement and for which areas. In

those areas where the State sought an

extension of the attainment date under

section 172(a)(2) to as late as December

31, 1987, RACT was required for all

CTG sources and for all major (100 tons

per year or more of VOC emissions

under the 1977 Act) non-CTG sources.

Indiana sought and received such an

extension from EPA for Clark and Floyd

Counties.

When Congress amended the Act in

1999, it included section 182(b)(2)

which required States to adopt RACT

rules for all areas designated

nonattainment for ozone and classified

as moderate or above. There are three

parts to the section 182(b)(2) RACT

requirement: (1) RACT for sources

covered by an existing CTG— i.e., a CTG

issued prior to the enactment of the

amended Act of 1990; (2) RACT for

sources covered by a post-enactment

CTG; and (3) all major sources not

covered by a CTG. These section

182(b)(2) RACT requirements are

referred to as the RACT ‘‘catch-up’’

requirements.

Section 183 of the 1990 Amendments

required EPA to issue CTGs for 13

source categories by November 15, 1993.

EPA published a CTG by this date for

the following source categories:

Synthetic Organic Chemical

Manufacturing Industry (SOCMI)

Reactors and Distillation, aerospace

manufacturing coating operation,

shipbuilding and ship repair coating

operations, and wood furniture coating

operation; however, EPA has not

completed the CTGs for the remaining

source categories. The amended Act

requires States to submit rules for

sources covered by a post-enactment

CTG in accordance with a schedule

specified in a CTG document.

The EPA created a CTG document as

appendix E to the General Preamble for

the Implementation of Title I of the

Clean Air Act Amendments of 1990. (57

FR 18070, 18077, April 28, 1992). In

appendix E, EPA interpreted the Act to

allow a State to submit a non-CTG rule

by November 15, 1992, or to defer

submittal of a RACT rule for sources

that the State anticipated would be

covered by a post-enactment CTG, based

on the list of CTGs EPA expected to

issue to meet the requirement in section

183. Appendix E states that if EPA fails

to issue a CTG by November 15, 1993

(which it did for 11 source categories),

the responsibility shifts to the State to

submit a non-CTG RACT rule for those

sources by November 15, 1994. In

accordance with section 182(b)(2),

implementation of that RACT rule

should occur by May 31, 1995.