36340 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Rules and Regulations

(c) Regulations. (1) The general

regulations contained in 33 CFR 165.23

apply.

(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. 00–14508 Filed 6–7–00; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–00–005]

RIN 2115–AA97

Safety Zone: Coast Guard Activities

New York Annual Fireworks Displays

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is

establishing five permanent safety zones

for annual fireworks displays located on

Sandy Hook Bay, Rondout Creek,

Hempstead Harbor, the Arthur Kill, and

the Hudson River. This action is

necessary to provide for the safety of life

on navigable waters during the events.

This action is intended to restrict vessel

traffic in a portion of Sandy Hook Bay,

Rondout Creek, Hempstead Harbor, the

Arthur Kill, and the Hudson River.

DATES: This rule is effective June 8,

2000.

ADDRESSES: Comments and material

received from the public, as well as

documents indicated in this preamble as

being available in the docket, are part of

docket (CGD01–00–005) and are

available for inspection or copying at

Waterways Oversight Branch, room 204,

Coast Guard Activities New York, 212

Coast Guard Drive, Staten Island, NY

between 8 a.m. and 3 p.m., Monday

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant M. Day, Waterways

Oversight Branch, Coast Guard

Activities New York (718) 354–4012.

SUPPLEMENTARY INFORMATION:

Regulatory Information

On April 26, 2000, we published a

notice of proposed rulemaking (NPRM)

entitled Safety Zone: Coast Guard

Activities New York Annual Fireworks

Displays in the Federal Register (65 FR

24436). We received no letters

commenting on the proposed rule. No

public hearing was requested, and none

was held.

Under 5 U.S.C. 553(d)(3), the Coast

Guard finds that good cause exists for

making this rule effective less than 30

days after publication in the Federal

Register. This is due to the following

reasons: They are locally supported,

annual events with minimal impact on

the waterways, the zones are only in

affect for 11⁄2 hours and vessels can be

given permission to transit the zones

except for about 45 minutes during this

time, the public was additionally

notified of the NPRM via the First Coast

Guard District Local Notice to Mariners

Number 019, dated May 9, 2000.

Additionally, vessel traffic can transit

around the safety zones with the

exception of the locations in Sandy

Hook Bay and Rondout Creek, vessels

will not be precluded from getting

underway, or mooring at, any piers or

marinas currently located in the vicinity

of the safety zones with the exception of

the locations in Sandy Hook Bay and

Rondout Creek. The sponsors of the

displays held in Highlands, NJ and

Kingston, NY reported they have not

received any objections from the public

for these annual displays dating back to

1997. The display in Highlands, NJ has

been held in the same location for 5

years and the display in Kingston, NY

has been held in the same location for

10 years.

Background and Purpose

The Coast Guard is establishing five

permanent safety zones that will be

activated for fireworks displays

occurring at the same location and time

on an annual basis. The five locations

are Highlands, New Jersey in Sandy

Hook Bay; Kingston, New York on

Rondout Creek; Glen Cove, New York

on Hempstead Harbor; Elizabeth, New

Jersey on the Arthur Kill; and Yonkers,

New York on the Hudson River.

Establishing permanent safety zones by

notice and comment rulemaking gives

the public the opportunity to comment

on the zones, provides better notice than

promulgating temporary rules annually,

and decreases the amount of annual

paperwork required for these events.

The Coast Guard has received no prior

notice of any impact caused by the

previous events.

The sizes of these safety zones were

determined using National Fire

Protection Association and New York

City Fire Department standards for 5–12

inch mortars fired from a barge or shore,

combined with the Coast Guard’s

knowledge of tide and current

conditions in these areas. The five safety

zones are:

Clamfest Fireworks, Highlands, New

Jersey, Sandy Hook Bay

The Highlands Chamber of Commerce

and Seastreak America sponsor this

annual fireworks display. The safety

zone in Sandy Hook Bay includes all

waters of Sandy Hook Bay and the

Shrewsbury River Channel within a

150-yard radius of the fireworks barge in

approximate position 40°24′34′′ N

073°59′45′′ W (NAD 1983), about 140

yards south of Shrewsbury River

Channel Lighted Buoy 9 (LLNR 35775).

The regulation is effective annually

from 8 p.m. (e.s.t.) to 11 p.m. (e.s.t.) on

the Saturday before Father’s Day. The

safety zone closes a portion of southern

Sandy Hook Bay and the Shrewsbury

River Channel and will prevent marine

traffic from transiting a portion of these

two areas. It is needed to protect boaters

from the hazards associated with

fireworks launched from a barge in the

area.

Kingston, New York Fireworks, Rondout

Creek

The city of Kingston, New York

sponsors this annual fireworks display.

The safety zone in Rondout Creek

includes all waters of Rondout Creek

between the Kingston-Port Ewen Bridge

(mile 1.1) and the Kingston-US 9 Bridge

(mile 1.3). The fireworks are fired from

shore at the Kingston Municipal Docks.

The regulation is effective annually

from 8 p.m. (e.s.t.) to 11 p.m. (e.s.t.) on

the last Sunday in June. The safety zone

closes a portion of Rondout Creek and

prevents marine traffic from transiting

the area. It is needed to protect boaters

from the hazards associated with

fireworks launched from shore in the

area.

Glen Cove, New York July 4th Fireworks,

Hempstead Harbor

The city of Glen Cove sponsors this

annual fireworks display. The safety

zone in Hempstead Harbor includes all

waters of Hempstead Harbor within a

360-yard radius of the fireworks barge in

approximate position 40°51′58′′ N

073°39′34′′ W (NAD 1983), about 500

yards northeast of Glen Cove Breakwater

Light 5 (LLNR 27065). The regulation is

effective annually from 8 p.m. (e.s.t.) to

11 p.m. (e.s.t.) on July 1st, 2nd, 3rd, 4th,

and 5th. The safety zone prevents

Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Rules and Regulations 36341

vessels from transiting a portion of

Hempstead Harbor, and is needed to

protect boaters from the hazards

associated with fireworks launched

from a barge in the area. Marine traffic

will still be able to transit through the

western 1,075 yards of the 1,435-yard

wide Hempstead Harbor during the

event. Additionally, vessels are not

precluded from getting underway from

public or private facilities at Glen Cove

or Red Spring Point, NY, in the vicinity

of this event.

Yonkers, New York Fireworks, Hudson

River

The safety zone west of Yonkers

includes all waters of the Hudson River

within a 360-yard radius of the

fireworks barge in approximate position

40°56′14.5′′ N 073°54′33′′ W (NAD

1983), about 475 yards northwest of

Yonkers Municipal Pier, New York. The

regulation is effective annually from 8

p.m. (e.s.t.) to 11 p.m. (e.s.t.) on July 4th

and the third Saturday of September. If

either event is canceled due to

inclement weather, then this event will

be held on July 5th and the third

Sunday of September. The safety zone

prevents vessels from transiting a

portion of the Hudson River and is

needed to protect boaters from the

hazards associated with fireworks

launched from a barge in the area.

Marine traffic will still be able to transit

through the western 715 yards and

eastern 115 yards of the 1550 yard-wide

Hudson River during the event.

Additionally, vessels will not be

precluded from mooring at or getting

underway from any piers in the vicinity

of the safety zone.

Elizabeth, New Jersey July 4th

Fireworks, Arthur Kill

The city of Elizabeth sponsors this

annual fireworks display. The safety

zone on the Arthur Kill includes all

waters of the Arthur Kill within a 150-

yard radius of the fireworks land shoot

in Elizabeth, New Jersey, in

approximate position 40°38′50′′ N

074°10′58′′ W (NAD 1983), about 675

yards west of Arthur Kill Channel Buoy

20 (LLNR 36780). The regulation is

effective annually from 8 p.m. (e.s.t.) to

11 p.m. (e.s.t.) on July 4th. If the event

is canceled due to inclement weather,

then this event will be held on July 5th.

The safety zone prevents vessels from

transiting a portion of the Arthur Kill,

and is needed to protect boaters from

the hazards associated with fireworks

launched from shore in the area. Marine

traffic will still be able to transit through

the southern 90 yards of the Arthur Kill

opposite the display site in Elizabeth,

New Jersey during the event.

Additionally, vessels will not be

precluded from mooring at or getting

underway from any piers in the vicinity

of the safety zone.

The effective period for each

proposed safety zone is from 8 p.m.

(e.s.t.) to 11 p.m. (e.s.t.) However,

vessels may enter, remain in, or transit

through these safety zones during this

time frame if authorized by the Captain

of the Port New York, or designated

Coast Guard patrol personnel on scene,

as provided for in 33 CFR 165.23.

Generally, blanket permission to enter,

remain in, or transit through these safety

zones will be given except for the 45-

minute period that a Coast Guard patrol

vessel is present.

Discussion of Comments and Changes

The Coast Guard received no letters

commenting on the proposed

rulemaking. No changes were made to

this rulemaking.

Regulatory Evaluation

This rule is not a ‘‘significant

regulatory action’’ under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

Order. The Office of Management and

Budget has not reviewed it under that

Order. It is not ‘‘significant’’ under the

regulatory policies and procedures of

the Department of Transportation (DOT)

(44 FR 11040, February 26, 1979).

We expect the economic impact of

this rule to be so minimal that a full

Regulatory Evaluation under paragraph

10e of the regulatory policies and

procedures of DOT is unnecessary.

This finding is based on the minimal

time that vessels will be restricted from

the zones, and all of the zones are in

areas where the Coast Guard expects

insignificant adverse impact on all

mariners from the zones’ activation. The

sponsors of the displays held in

Highlands, NJ and Kingston, NY

reported they have not received any

objections from the public for these

annual displays dating back to 1997.

The display in Highlands, NJ has been

held in the same location for 5 years and

the display in Kingston, NY has been

held in the same location for 10 years.

The Coast Guard has not received any

negative comments on these annual

displays. Marine traffic will only be

precluded from transiting around these

safety zones in southern Sandy Hook

Bay and Rondout Creek. There is

sufficient open water for expected

marine traffic to transit around the other

three safety zones. There are no

commercial maritime facilities that will

be affected by these regulated areas.

Vessels may also still transit through

Sandy Hook Bay, Hempstead Harbor,

the Arthur Kill, and the Hudson River

during these events. Vessels will not be

precluded from getting underway, or

mooring at, any piers or marinas

currently located in the vicinity of the

safety zones with the exception of the

locations in Sandy Hook Bay and

Rondout Creek. Additionally, marine

traffic can plan their transits through

Rondout Creek, Sandy Hook Bay, and

the Shrewsbury River Channel around

the time the Kingston, New York and

Highlands, New Jersey safety zones are

in effect. The marine community will

have advance notice of these two events

as they are annual events with local

community support. Advance

notifications will also be made to the

local maritime community by the Local

Notice to Mariners, marine information

broadcasts, and facsimile broadcasts, if

needed.

The size of these safety zones were

determined using National Fire

Protection Association and New York

City Fire Department standards for 5–12

inch mortars fired from a barge or shore,

combined with the Coast Guard’s

knowledge of tide and current

conditions in these areas.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we considered

whether this rule would have a

significant economic impact on a

substantial number of small entities.

The term ‘‘small entities’’ comprises

small businesses, not-for-profit

organizations that are independently

owned and operated and are not

dominant in their fields, and

governmental jurisdictions with

populations of less than 50,000.

The Coast Guard certifies under 5

U.S.C. 605(b) that this rule will not have

a significant economic impact on a

substantial number of small entities.

This rule will affect the following

entities, some of which might be small

entities: the owners or operators of

vessels intending to transit or anchor in

a portion of Sandy Hook Bay, Rondout

Creek, Hempstead Harbor, the Arthur

Kill, and the Hudson River during the

times these zones are activated.

These safety zones will not have a

significant economic impact on a

substantial number of small entities for

the following reasons: Vessel traffic can

transit around the safety zones with the

exception of the locations in Sandy

Hook Bay and Rondout Creek. Vessels

will not be precluded from getting

underway, or mooring at, any piers or

marinas currently located in the vicinity

of the safety zones with the exception of

the locations in Sandy Hook Bay and

36342 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Rules and Regulations

Rondout Creek. The sponsors of the

displays held in Highlands, NJ and

Kingston, NY reported they have not

received any objections from the public

for these displays dating back to 1997.

The display in Highlands, NJ has been

held in the same location for 5 years and

in Kingston, NY for 10 years. There are

no commercial marine facilities that

will be affected by any of these

regulated areas. These are all annual

events with local community support

and vessels will normally be precluded

from entering any of the zones for only

a 45-minute period on an annual basis.

Additionally, the Coast Guard has not

received any negative reports from small

entities affected by these displays.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104–121),

we offered to assist small entities in

understanding the rule so that they

could better evaluate its effects on them

and participate in the rulemaking

process. However, we received no

requests for assistance from small

entities.

Small businesses may send comments

on the actions of Federal employees

who enforce, or otherwise determine

compliance with, Federal regulations to

the Small Business and Agricultural

Regulatory Enforcement Ombudsman

and the Regional Small Business

Regulatory Fairness Boards. The

Ombudsman evaluates these actions

annually and rates each agency’s

responsiveness to small business. If you

wish to comment on actions by

employees of the Coast Guard, call 1–

800–REG–FAIR (1–888–734–3247).

Collection of Information

This rule calls for no new collection

of information under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501–

3520).

Federalism

We have analyzed this rule under

Executive Order 13132 and have

determined that this rule does not have

implications for federalism under that

Order.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) governs

the issuance of Federal regulations that

require unfunded mandates. An

unfunded mandate is a regulation that

requires a State, local, or tribal

government or the private sector to

incur direct costs without the Federal

Government’s having first provided the

funds to pay those unfunded mandate

costs. This rule will not impose an

unfunded mandate.

Taking of Private Property

This rule will not effect a taking of

private property or otherwise have

taking implications under Executive

Order 12630, Governmental Actions and

Interference with Constitutionally

Protected Property Rights.

Civil Justice Reform

This rule meets applicable standards

in sections 3(a) and 3(b)(2) of Executive

Order 12988, Civil Justice Reform, to

minimize litigation, eliminate

ambiguity, and reduce burden.

Protection of Children

We have analyzed this rule under

Executive Order 13045, Protection of

Children from Environmental Health

Risks and Safety Risks. This rule is not

an economically significant rule and

does not concern an environmental risk

to health or risk to safety that may

disproportionately affect children.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that under figure 2–1,

paragraph 34(g), of Commandant

Instruction M16475.1C, this rule is

categorically excluded from further

environmental documentation. This rule

fits paragraph 34(g) as it establishes five

safety zones. A ‘‘Categorical Exclusion

Determination’’ is available in the

docket where indicated under

ADDRESSES.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

For the reasons discussed in the

preamble, the Coast Guard amends 33

CFR Part 165 as follows:

PART 165—REGULATED NAVIGATION

AREAS AND LIMITED ACCESS AREAS

1. The authority citation for Part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;

33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; 49

CFR 1.46.

2. § 165.161 is revised to read as

follows:

§ 165.161 Safety Zones: Coast Guard

Activities New York Annual Fireworks

Displays.

(a) Safety Zones. The following areas

are designated safety zones:

(1) Clamfest Fireworks, Highlands,

New Jersey, Sandy Hook Bay:

(i) Location. All waters of Sandy Hook

Bay within a 150-yard radius of the

fireworks barge in approximate position

40°24′34′′ N, 073°59′45′′ W (NAD 1983),

about 140 yards south of Shrewsbury

River Channel Lighted Buoy 9 (LLNR

35775).

(ii) Effective period. Paragraph (a)(1)(i)

is in effect annually from 8 p.m. (e.s.t.)

to 11 p.m. (e.s.t.) on the Saturday before

Father’s Day.

(2) Kingston, New York Fireworks,

Rondout Creek Safety Zone:

(i) Location. All waters of Rondout

Creek between the Kingston-Port Ewen

Bridge (mile 1.1) and the Kingston-US 9

Bridge (mile 1.3).

(ii) Effective period. Paragraph (a)(2)(i)

is in effect annually from 8 p.m. (e.s.t.)

to 11 p.m. (e.s.t.) on the last Saturday in

June.

(3) Glen Cove, New York July 4th

Fireworks Safety Zone:

(i) Location. All waters of Hempstead

Harbor within a 360-yard radius of the

fireworks barge in approximate position

40°51′58′′ N, 073°39′34′′ W (NAD 1983),

about 500 yards northeast of Glen Cove

Breakwater Light 5 (LLNR 27065).

(ii) Effective period. Paragraph (a)(3)(i)

is in effect annually from 8 p.m. (e.s.t.)

to 11 p.m. (e.s.t.) on July 1st, 2nd, 3rd,

4th, and 5th.

(4) Yonkers, New York Fireworks

Safety Zone:

(i) Location. All waters of the Hudson

River within a 360-yard radius of the

fireworks barge in approximate position

40°56′14.5′′ N, 073°54′33′′ W (NAD

1983), about 475 yards northwest of

Yonkers Municipal Pier, New York.

(ii) Effective period. Paragraph (a)(4)(i)

is in effect annually from 8 p.m. (e.s.t.)

to 11 p.m. (e.s.t.) on July 4th and the

third Saturday of September. If the

event is canceled due to inclement

weather, then paragraph (a)(4)(i) is

effective on July 5th and the third

Sunday of September.

(5) Elizabeth, New Jersey July 4th

Fireworks, Arthur Kill, Safety Zone:

(i) Location. All waters of the Arthur

Kill within a 150-yard radius of the

fireworks land shoot in Elizabeth, New

Jersey, in approximate position

40°38′50′′ N, 074°10′58′′ W (NAD 1983),

about 675 yards west of Arthur Kill

Channel Buoy 20 (LLNR 36780).

(ii) Effective period. Paragraph (a)(5)(i)

is in effect annually from 8 p.m. (e.s.t.)

to 11 p.m. (e.s.t.) on July 4th. If the

event is canceled due to inclement

weather, then paragraph (a)(5)(i) is

effective from 8 p.m. (e.s.t.) to 11 p.m.

(e.s.t.) on July 5th.

(b) Regulations. (1) The general

regulations contained in 33 CFR 165.23

apply.

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