67000 Federal Register / Vol. 62, No. 246 / Tuesday, December 23, 1997 / Rules and Regulations

appropriate circuit by February 23,

1998. 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,

Incorporation by reference,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements, Volatile organic

compounds.

Note: Incorporation by reference of the

State Implementation Plan for the State of

California was approved by the Director of

the Federal Register on July 1, 1982.

Dated: December 2, 1997.

Harry Seraydarian,

Acting Regional Administrator, Region IX.

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 F—California

2. Section 52.220 is amended by

adding paragraph (c) (239)(i)(E)(2) to

read as follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(239) * * *

(i) * * *

(E) * * *

(2) Rule 8–4, Rule 8–11, Rule 8–12,

Rule 8–13, Rule 8–14, Rule 8–19, Rule

8–20, Rule 8–23, Rule 8–29, Rule 8–31,

Rule 8–32, Rule 8–38, Rule 8–43, Rule

8–45, Rule 8–50 amended on December

20, 1995.

* * * * *

[FR Doc. 97–33324 Filed 12–22–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[IL158a; FRL–5900–3]

Approval and Promulgation of

Implementation Plans; Illinois

AGENCY: United States Environmental

Protection Agency (USEPA).

ACTION: Direct final rule.

SUMMARY: In this action, USEPA

approves a State Implementation Plan

(SIP) revision, submitted by the State of

Illinois on April 25, 1997, for the

general conformity rules. The general

conformity SIP revision enables the

State of Illinois to implement the

Federal general conformity

requirements in the nonattainment and

maintenance areas at the State level.

General Conformity assures that Federal

actions conform to the State plan to

attain and maintain the public health

based air quality standards. In this

action, USEPA is approving the Illinois

General Conformity rules through a

‘‘direct final’’ rulemaking; the rationale

for this ‘‘direct final’’ approval and

other information is set forth below.

DATES: This action is effective February

23, 1998 unless adverse written

comments are received by January 22,

1998. If the effective date is delayed,

timely notice will be published in the

Federal Register.

ADDRESSES: Comments may be mailed

to: J. Elmer Bortzer, Chief, Regulation

Development Section, United States

Environmental Protection Agency,

Region 5, Air and Radiation Division,

Air Programs Branch (AR–18J), 77 West

Jackson Boulevard, Chicago, Illinois

60604.

Copies of the SIP revision are

available for inspection at the following

address: (It is recommended that you

telephone Patricia Morris at (312) 353–

8656 before visiting the Region 5

Office.)

United States Environmental Protection

Agency, Region 5, Air and Radiation

Division, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT:

Patricia Morris, Regulation

Development Section (AR–18J), Air

Programs Branch, Air and Radiation

Division, United States Environmental

Protection Agency, Region 5, 77 West

Jackson Boulevard, Chicago, Illinois

60604, Telephone Number (312) 353–

8656.

SUPPLEMENTARY INFORMATION:

I. Background

Conformity provisions first appeared

in the Clean Air Act (CAA) amendments

of 1977 (Public Law 95–95). Although

these provisions did not define the term

conformity, they provided that no

Federal department could engage in,

support in any way or provide financial

assistance for, license or permit, or

approve any activity which did not

conform to a SIP that has been approved

or promulgated for the nonattainment

areas.

The CAA Amendments of 1990

expanded the scope and content of the

conformity provisions by defining

conformity to an implementation plan.

Conformity is defined in Section 176(c)

of the CAA as conformity to the SIP’s

purpose of eliminating or reducing the

severity and number of violations of the

National Ambient Air Quality Standards

and achieving expeditious attainment of

such standards, and that such activities

will not: (1) cause or contribute to any

new violation of any standard in any

area, (2) increase the frequency or

severity of any existing violation of any

standard in any area, or (3) delay timely

attainment of any standard or any

required interim emission reductions or

other milestones in any area.

The CAA requires USEPA to

promulgate criteria and procedures for

determining conformity of all other

Federal actions in the nonattainment or

maintenance areas (actions other than

those under Title 23 U.S.C. or the

Federal Transit Act) to a SIP. The

criteria and procedures developed for

this purpose are called ‘‘general

conformity’’ rules. The actions under

Title 23 U.S.C. or the Federal Transit

Act (referred to as transportation

conformity) will be addressed in a

separate Federal Register notice. The

USEPA published the final general

conformity rules in the November 30,

1993, Federal Register and codified

them at 40 CFR part 51, subpart W—

Determining Conformity of General

Federal Actions to State or Federal

Implementation Plans. The general

conformity rules require the States and

local air quality agencies (where

applicable) to adopt and submit a

general conformity SIP revision to the

USEPA not later than November 30,

1994.

II. Evaluation of State Submittal

Pursuant to the requirements under

Section 176(c)(4)(C) of the CAA, as

amended November 15, 1990, the

Illinois Environmental Protection

Agency (IEPA) submitted a SIP revision

to the USEPA on April 25, 1997. The
Federal Register / Vol. 62, No. 246 / Tuesday, December 23, 1997 / Rules and Regulations 67001

submittal was found complete in a letter

dated July 8, 1997. In its submittal, the

State adopted rules (35 Illinois

Administrative Code Part 255) which

repeat verbatim the USEPA general

conformity rule (40 CFR part 93, subpart

B) with only minor clarifications.

General conformity is required for all

areas which are designated

nonattainment or maintenance for any

of the six National Ambient Air Quality

Standard (NAAQS) criteria pollutants

(ozone, carbon monoxide, sulfur

dioxide, nitrogen dioxide, lead, and

particulate matter).

The IEPA held a public hearing on the

general conformity submittal on October

25, 1996. Several comments were

received on the rules and responded to

by the IEPA.

III. USEPA Action

The USEPA is approving the general

conformity SIP revision for the State of

Illinois. The USEPA has evaluated this

SIP revision and has determined that

the State has fully adopted regulations

which meet the provisions of the

Federal general conformity rules in

accordance with 40 CFR part 93, subpart

B. The appropriate public participation

and comprehensive interagency

consultations have been undertaken

during development and adoption of

this rule by the IEPA.

The USEPA is publishing this action

without prior proposal because USEPA

views this as a noncontroversial

revision and anticipates no adverse

written comments. However, in a

separate document in this Federal

Register publication, the USEPA is

proposing to approve the SIP revision

should adverse or critical written

comments be filed. This action will be

effective on February 23, 1998 unless,

by January 22, 1998, adverse or critical

written comments on the approval are

received.

If USEPA receives adverse written

comments, the approval will be

withdrawn before the effective date by

publishing a subsequent rulemaking

that will withdraw the final action. All

public written comments received will

be addressed in a subsequent final rule

based on this action serving as a

proposed rule. 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 the effective date is delayed, timely

notice will be published in the Federal

Register.

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.

IV. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

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 CAA 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 CAA, preparation of a

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of the State action. The

CAA 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 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 the

private sector, result from this action.

D. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 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 5 U.S.C.

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 February 23, 1998. 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, General conformity,

Intergovernmental relations.

Dated: December 5, 1997.

Michelle D. Jordan,

Acting Regional Administrator, Region V.

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 O—Illinois

2. Section 52.720 is amended by

adding paragraph (c)(137) to read as

follows:

§ 52.720 Identification of plan.

* * * * *

(c) * * *

(137) Approval—On April 25, 1997,

the Illinois Environmental Protection

Agency submitted a revision to the State

Implementation Plan for general

conformity rules. The general

conformity rules enable the State of

Illinois to implement the general

conformity requirements in the

nonattainment or maintenance areas at

the State or local level in accordance

with 40 CFR Part 93, Subpart B—

Determining Conformity of General
67002 Federal Register / Vol. 62, No. 246 / Tuesday, December 23, 1997 / Rules and Regulations

1Among other things, the pre-amendment

guidance consists of those portions of the proposed

post-1987 ozone and carbon monoxide policy that

concern RACT, 52 FR 45044 (November 24, 1987);

‘‘Issues Relating to VOC Regulation Cutpoints,

Deficiencies, and Deviations, Clarification to

Appendix D of November 24, 1987 Federal Register

Notice’’ (Blue Book) (notice of availability was

published in the Federal Register on May 25, 1988);

and the existing control technique guidelines

(CTGs).

2Mojave Desert retained its designation of

nonattainment and was classified by operation of

law pursuant to sections 107(d) and 181(a) upon the

date of enactment of the CAA. See 56 FR 56694

(November 6, 1991).

3EPA adopted the completeness criteria on

February 16, 1990 (55 FR 5830) and, pursuant to

section 110(k)(1)(A) of the CAA, revised the criteria

on August 26, 1991 (56 FR 42216).

Federal Actions to State or Federal

Implementation Plans.

(i) Incorporation by reference.

(A) Illinois Administrative Code, Title

35: Environmental Protection, Subtitle

B: Air Pollution, Chapter 2:

Environmental Protection Agency, Part

255 General Conformity: Criteria and

Procedures. Adopted at 21 Ill. Reg.

effective March 6, 1997.

[FR Doc. 97–33322 Filed 12–22–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA179–0052a] [FRL–5911–2]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision, Mojave

Desert Air Quality Management District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action on a revision to the California

State Implementation Plan (SIP). The

revision concerns Rule 1115 from the

Mojave Desert Air Quality Management

District (MDAQMD). This approval

action will incorporate Rule 1115 into

the federally approved SIP. The

intended effect of approving this rule is

to regulate emissions of volatile organic

compounds (VOCs) in accordance with

the requirements of the Clean Air Act,

as amended in 1990 (CAA or the Act).

The revised rule controls VOC

emissions from metal parts and

products coating operations. Thus, EPA

is finalizing the approval of this revision

into the California SIP under provisions

of the CAA regarding EPA action on SIP

submittals, SIPs for national primary

and secondary ambient air quality

standards and plan requirements for

nonattainment areas.

DATES: This action is effective on

February 23, 1998, unless adverse or

critical comments are received by

January 22, 1998. If the effective date is

delayed, a timely notice will be

published in the Federal Register.

ADDRESSES: Comments must be

submitted to Andrew Steckel at the

Region IX office listed below. Copies of

the rule revisions and EPA’s evaluation

report for each rule are available for

public inspection at EPA’s Region IX

office during normal business hours.

Copies of the submitted rule revisions

are available for inspection at the

following locations:

Rulemaking Office (AIR–4), Air

Division, U.S. Environmental

Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA

94105

Environmental Protection Agency, Air

Docket (6102), 401 ‘‘M’’ Street, S.W.,

Washington, D.C. 20460

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 2020 ‘‘L’’ Street,

Sacramento, CA 92123–1095

Mojave Desert Air Quality Management

District, 15428 Civic Drive, Suite 200,

Victorville, CA 92392

FOR FURTHER INFORMATION CONTACT:

Jerald S. Wamsley, Rulemaking Office,

AIR–4, Air Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105, Telephone: (415)

744–1226.

SUPPLEMENTARY INFORMATION:

I. Applicability

The rule being approved into the

California SIP is Rule 1115, Metal Parts

and Products Coating Operations. This

rule was submitted by the California Air

Resources Board (CARB) to EPA on July

23, 1996.

II. Background

On March 3, 1978, EPA promulgated

a list of ozone nonattainment areas

under the provisions of the Clean Air

Act, as amended in 1977 (1977 Act or

pre-amended Act), that included the

Mojave Desert portion of San

Bernardino County, California (see 43

FR 8964, 40 CFR 81.305). On May 26,

1988, EPA notified the Governor of

California, pursuant to section

110(a)(2)(H) of the 1977 Act, that the

above district’s portion of the California

SIP was inadequate to attain and

maintain the ozone standard and

requested that deficiencies in the

existing SIP be corrected (EPA’s SIPCall). On November 15, 1990, the Clean

Air Act Amendments of 1990 were

enacted. Pub. L. 101–549, 104 Stat.

2399, codified at 42 U.S.C. 7401–7671q.

In amended section 182(a)(2)(A) of the

CAA, Congress statutorily adopted the

requirement that nonattainment areas

fix their deficient reasonably available

control technology (RACT) rules for

ozone and established a deadline of May

15, 1991 for states to submit corrections

of those deficiencies.

Section 182(a)(2)(A) applies to areas

designated as nonattainment prior to

enactment of the amendments and

classified as marginal or above as of the

date of enactment. It requires such areas

to adopt and correct RACT rules

pursuant to pre-amended section 172(b)

as interpreted in pre-amended

guidance.1 EPA’s SIP-Call used that

guidance to indicate the necessary

corrections for specific nonattainment

areas. The Mojave Desert portion of San

Bernardino County is classified as

‘‘severe’’.2 Therefore, this area was

subject to the RACT fix-up requirement

and the May 15, 1991 deadline.

The State of California submitted

many revised RACT rules for

incorporation into its SIP on July 23,

1996, including the rule being acted on

in this document. This document

addresses EPA’s direct-final action for

MDAQMD Rule 1115, Metal Parts and

Products Coating Operations. MDAQMD

revised and adopted Rule 1115 on April

22, 1996. This submitted rule was found

to be complete on October 30, 1996

pursuant to EPA’s completeness criteria

that are set forth in 40 CFR part 51

Appendix V 3 and is being finalized for

approval into the SIP.

MDAQMD Rule 1115 is a prohibitory

rule governing the use and application

of coating compounds containing

photochemically reactive volatile

organic compounds (VOCs) in the metal

parts and products coating industry.

VOCs contribute to the production of

ground level ozone and smog. This rule

was originally adopted as part of the

MDAQMD effort to achieve the National

Ambient Air Quality Standard (NAAQS)

for ozone and in response to EPA’s SIPCall and the section 182(a)(2)(A) CAA

requirement.

Formerly, on January 5, 1993, EPA

proposed a limited approval/

disapproval of MDAQMD’s Rule 1115

(see 58 FR 322). This version of Rule

1115 was adopted by MDAQMD on

March 2, 1992 and submitted by the

CARB to EPA on June 19, 1992 as a

revision to the California SIP. EPA has

not taken final action on the January 5,

1993 proposal.

In response to EPA’s January 5, 1993

proposal, the MDAQMD Board amended

Rule 1115 and adopted these revisions