Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Rules and Regulations 6127

III. Administrative Requirements

A. Executive Order 12866

This action has been classified as a

Table 3 action for signature by the

Regional Administrator under the

procedures published in the Federal

Register on January 19, 1989 (54 FR

2214–2225), as revised by a July 10,

1995, memorandum from Mary D.

Nichols, Assistant Administrator for Air

and Radiation. The Office of

Management and Budget (OMB) has

exempted this regulatory action from

Executive Order 12866 review.

B. Regulatory Flexibility

Under the Regulatory Flexibility Act,

5 U.S.C. section 600 et seq., USEPA

must prepare a regulatory flexibility

analysis assessing the impact of any

proposed or final rule on small entities.

5 U.S.C. sections 603 and 604.

Alternatively, USEPA may certify that

the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

SIP approvals under section 110 and

subchapter I, part D of the Act do not

create any new requirements, but

simply approve requirements that the

State is already imposing. Therefore,

because the Federal SIP approval does

not impose any new requirements, the

Administrator certifies that it does not

have a significant impact on any small

entities affected. Moreover, due to the

nature of the Federal-State relationship

under the Act, preparation of a

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of the State action. The

Clean Air Act forbids USEPA to base its

actions concerning SIPs on such

grounds. Union Electric Co. v. EPA., 427

U.S. 246, 256–66 (1976); 42 U.S.C.

7410(a)(2).

C. Unfunded Mandates

Under Section 202 of the Unfunded

Mandates Reform Act of 1995, signed

into law on March 22, 1995, USEPA

must undertake various actions in

association with any proposed or final

rule that includes a Federal mandate

that may result in estimated costs to

state, local, or tribal governments in the

aggregate; or to the private sector, of

$100 million or more. This Federal

action affirms a State finding that

additional regulations covering marine

coatings sources are unnecessary

because no major sources of this type

are located in the Illinois ozone

nonattainment areas. No new Federal

requirements are imposed. Accordingly,

no additional costs to state, local, or

tribal governments, or the private sector,

result from this action.

D. Submission to Congress and the

General Accounting Office

Under section 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996,

USEPA submitted a report containing

this rule and other required information

to the U.S. Senate, the U.S. House of

Representatives and the Comptroller

General of the General Accounting

Office prior to publication of the rule in

today’s Federal Register. This rule is

not a major rule as defined by section

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 April 14, 1997. Filing a

petition for reconsideration by the

Administrator of this final rule does not

affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2)).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons, Ozone,

and Volatile organic compounds.

Dated: January 23, 1997.

Steve Rothblatt,

Acting Regional Administrator.

Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart O—Illinois

2. Section 52.726 is amended by

adding paragraph (n) to read as follows:

§ 52.726 Control strategy: Ozone.

* * * * *

(n) Negative declaration—

Shipbuilding and ship repair industry.

On October 11, 1996, the State of

Illinois certified to the satisfaction of the

United States Environmental Protection

Agency that no major sources

categorized as part of the shipbuilding

and ship repair industry are located in

the Chicago, Illinois ozone

nonattainment area which is comprised

of Cook, DuPage, Kane, Lake, McHenry,

Will Counties and Aux Sable and Goose

Lake Townships in Grundy County and

Oswego Township in Kendall County or

the Metro-East, Illinois ozone

nonattainment area which is comprised

of Madison, Monroe, and St. Clair

Counties.

* * * * *

[FR Doc. 97–3254 Filed 2–10–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[IL153–1a; FRL–5685–1]

Approval and Promulgation of

Implementation Plans; Illinois

AGENCY: U.S. Environmental Protection

Agency (USEPA).

ACTION: Direct final rule.

SUMMARY: On October 11, 1996, Illinois

submitted a negative declaration

regarding the need for rules controlling

air emissions from sources classified as

part of the ‘‘Aerospace Manufacturing

and Rework Industry’’ (AMRI) or

‘‘Aerospace Coatings’’ category in the

Standard Industrial Classification (SIC)

Manual. This negative declaration

indicates that the State of Illinois has

determined that there are no major

sources (sources with a potential to emit

twenty-five or more tons per year of

volatile organic material (VOM)) in

Illinois’ ozone nonattainment areas. In

this action, USEPA is approving the

State’s finding that no additional control

measures are needed through a ‘‘direct

final’’ rulemaking; the rationale for this

approval is set forth below. Elsewhere

in this Federal Register, USEPA is

proposing approval and soliciting

comment on this direct final action; if

adverse comments are received, USEPA

will withdraw the direct final

rulemaking and address the comments

received in a new final rule; otherwise,

no further rulemaking will occur on this

requested negative declaration.

DATES: This action is effective April 14,

1997 unless adverse comments not

previously addressed by the State or

USEPA are received by March 13, 1997.

If the effective date of this action is

delayed due to adverse comments,

timely notice will be published in the

Federal Register.

ADDRESSES: Written comments should

be sent to: J. Elmer Bortzer, Chief,

Regulation Development Section, Air

Programs Branch (AR–18J), U.S.

Environmental Protection Agency, 77
6128 Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Rules and Regulations

West Jackson Boulevard, Chicago,

Illinois, 60604.

Copies of the Illinois submittal are

available for public review during

normal business hours, between 8:00

a.m. and 4:30 p.m., at the above address.

FOR FURTHER INFORMATION CONTACT:

Randolph O. Cano, Regulation

Development Section, Air Programs

Branch (AR–18J), U.S. Environmental

Protection Agency, 77 West Jackson

Boulevard, Chicago, Illinois, 60604.

Telephone: (312) 886–6036.

SUPPLEMENTARY INFORMATION:

I. Background

Section 183(b)(3) of the Clean Air Act

requires the Administrator of USEPA to

issue a Control Technique Guideline

(CTG) for controlling VOM emissions

from the Aerospace Coatings SIC

category sources. Illinois was required

to adopt rules controlling VOM

emissions from sources in this SIC

category with a potential to emit twentyfive or more tons per year of VOM

(major sources) and located in either of

Illinois’ ozone nonattainment areas. The

Chicago ozone nonattainment area is

comprised of Cook, DuPage, Kane, Lake,

McHenry, Will Counties and Aux Sable

and Goose Lake Townships in Grundy

County and Oswego Township in

Kendall County. The Metro-East ozone

nonattainment area is comprised of

Madison, Monroe, and St. Clair

Counties. Illinois reviewed the data in

its emissions inventory data base and

determined that there were no major

sources in the aerospace coatings

category located in Illinois ozone

nonattainment areas. Illinois also

determined that should such a major

source exist it would be subject to

regulation under the provisions of the

State non-CTG rules.

The USEPA has reviewed the

documentation on which this Illinois

negative declaration is based. The

USEPA agrees with the Illinois finding

that there are no major sources of VOM

from aerospace coating facilities located

in Illinois’ Chicago or Metro-East ozone

nonattainment areas.

II. Rulemaking Action

The USEPA approves the

incorporation of Illinois’ negative

declaration concerning aerospace

coatings into the Illinois SIP for ozone.

The USEPA is publishing this action

without prior proposal because USEPA

views this as a noncontroversial

revision and anticipates no adverse

comments. However, in a separate

document in this Federal Register

publication, the USEPA is proposing to

approve the SIP revision should adverse

or critical comments be filed. This

action will be effective on April 14,

1997 unless, by March 13, 1997, adverse

or critical comments are received.

If the USEPA receives such

comments, this action will be

withdrawn before the effective date by

publishing a subsequent rulemaking

that will withdraw the final action. All

public comments received will be

addressed in a subsequent final rule

based on this action serving as a

proposed rule. The USEPA will not

institute a second comment period on

this action. Any parties interested in

commenting on this action should do so

at this time. If no such comments are

received, the public is advised that this

action will be effective on April 14,

1997.

Nothing in this action should be

construed as permitting, allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to the SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors and in relation to relevant

statutory and regulatory requirements.

III. Administrative Requirements

A. Executive Order 12866

This action has been classified as a

Table 3 action for signature by the

Regional Administrator under the

procedures published in the Federal

Register on January 19, 1989 (54 FR

2214–2225), as revised by a July 10,

1995, memorandum from Mary D.

Nichols, Assistant Administrator for Air

and Radiation. The Office of

Management and Budget (OMB) has

exempted this regulatory action from

Executive Order 12866 review.

B. Regulatory Flexibility

Under the Regulatory Flexibility Act,

5 U.S.C. section 600 et seq., USEPA

must prepare a regulatory flexibility

analysis assessing the impact of any

proposed or final rule on small entities.

5 U.S.C. sections 603 and 604.

Alternatively, USEPA may certify that

the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

SIP approvals under section 110 and

subchapter I, part D of the Act do not

create any new requirements, but

simply approve requirements that the

State is already imposing. Therefore,

because the Federal SIP approval does

not impose any new requirements, the

Administrator certifies that it does not

have a significant impact on any small

entities affected. Moreover, due to the

nature of the Federal-State relationship

under the Act, preparation of a

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of the State action. The

Clean Air Act forbids USEPA to base its

actions concerning SIPs on such

grounds. Union Electric Co. v. EPA., 427

U.S. 246, 256–66 (1976); 42 U.S.C.

7410(a)(2).

C. Unfunded Mandates

Under Section 202 of the Unfunded

Mandates Reform Act of 1995, signed

into law on March 22, 1995, USEPA

must undertake various actions in

association with any proposed or final

rule that includes a Federal mandate

that may result in estimated costs to

state, local, or tribal governments in the

aggregate; or to the private sector, of

$100 million or more. This Federal

action affirms a State finding that

additional regulations covering

aerospace coating sources are

unnecessary because no major sources

of this type are located in the Illinois

ozone nonattainment areas. No new

Federal requirements are imposed.

Accordingly, no additional costs to

state, local, or tribal governments, or the

private sector, result from this action.

D. Submission to Congress and the

General Accounting Office

Under 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 April 14, 1997. Filing a

petition for reconsideration by the

Administrator of this final rule does not

affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to

enforce its requirements. (See Section

307(b)(2)).
Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Rules and Regulations 6129

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons, Ozone,

Volatile organic compounds.

Dated: January 23, 1997.

Steve Rothblatt,

Acting Regional Administrator.

Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart O—Illinois

2. Section 52.726 is amended by

adding paragraph (o) to read as follows:

§ 52.726 Control strategy: Ozone.

* * * * *

(o) Negative declaration— Aerospace

manufacturing and rework industry. On

October 11, 1996, the State of Illinois

certified to the satisfaction of the United

States Environmental Protection Agency

that no major sources categorized as part

of the Aerospace Manufacturing and

Rework Industry are located in the

Chicago, Illinois ozone nonattainment

area which is comprised of Cook,

DuPage, Kane, Lake, McHenry, Will

Counties and Aux Sable and Goose Lake

Townships in Grundy County and

Oswego Township in Kendall County or

the Metro-East, Illinois ozone

nonattainment area which is comprised

of Madison, Monroe, and St. Clair

Counties.

[FR Doc. 97–3252 Filed 2–10–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[AK14–7102a; FRL–5686–2]

Clean Air Act Approval and

Promulgation of Carbon Monoxide

Implementation Plan for the State of

Alaska: Anchorage and Fairbanks

Emission Inventory

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving the 1990

base year carbon monoxide (CO)

emission inventory portion of the

Anchorage and Fairbanks, Alaska CO

State Implementation Plan (SIP)

submitted on December 29, 1993, by the

State of Alaska Department of

Environmental Conservation (ADEC) for

the purpose of bringing about the

attainment of the national ambient air

quality standard (NAAQS) for CO. Also,

ADEC submitted the required Periodic

Update to its 1990 base year CO

emission inventory on September 27,

1996.

DATES: This action is effective on April

14, 1997 unless adverse or critical

comments are received by March 13,

1997. If the effective date is delayed,

timely notice will be published in the

Federal Register.

ADDRESSES: Written comments should

be addressed to: Montel Livingston, SIP

Manager, Office of Air Quality (OAQ–

107), EPA, 1200 Sixth Avenue, Seattle,

Washington 98101.

Copies of material submitted to EPA

may be examined during normal

business hours at the following

locations: EPA, Region 10, Office of Air

Quality, 1200 Sixth Avenue (OAQ–107),

Seattle, Washington 98101, and Alaska

Department of Environmental

Conservation, 410 Wiloughby Ave.,

Room 105, Juneau, Alaska.

FOR FURTHER INFORMATION CONTACT: John

Pavitt, EPA Region 10, Alaska

Operations Office (AOO/A), 222 W. 7th

Avenue, Box #19, Anchorage, AK

99513–7588, (907) 271–5083.

SUPPLEMENTARY INFORMATION:

I. Background

In a letter dated March 1, 1991 to the

EPA Region 10 Administrator, the

Governor of Alaska recommended the

Anchorage and Fairbanks areas be

designated as nonattainment for CO as

required by section 107(d)(1)(A) of the

1990 Clean Air Act Amendments

(CAAA or the Act) (Pub. L. 101–549,

104 Stat. 2399, codified at 42 U.S.C.

7401–7671q). The areas, which include

lands within the Municipality of

Anchorage and the Fairbanks North Star

Borough, were designated

nonattainment and classified as

‘‘moderate’’ under the provisions

outlined in sections 186 and 187 of the

CAA. (See 56 FR 56694, November 6,

1991, codified at 40 CFR part 81,

§ 81.302.)

Because the Anchorage area had a

design value of 13.1 ppm (based on

1989 data), it was classified as

‘‘moderate > 12.7 ppm’’ (moderate plus).

Because the Fairbanks area had a design

value of 10.4 (based on 1989 data), it

was classified as ‘‘moderate < 12.7

ppm’’ (moderate).

Under the Clean Air Act as amended,

States have the responsibility to

inventory emissions contributing to

NAAQS nonattainment, to track these

emissions over time, and to ensure that

control strategies are being implemented

that reduce emissions and move areas

towards attainment. Under section

187(a)(1), the CAAA requires moderate

CO nonattainment areas to submit a

base year CO inventory that represents

actual emissions in the CO season by

November 15, 1992. Stationary point,

stationary area, on-road mobile, and

non-road mobile sources of CO are to be

included in the inventory. This

inventory is for calendar year 1990 and

is denoted as the base year inventory.

The inventory is to address actual CO

emissions for the area during the peak

CO season. The peak CO season should

reflect the months when peak CO air

quality concentrations occur. Moderate

CO nonattainment areas are required to

submit a periodic inventory that

represents actual emissions no later

than September 30, 1995, and every

three years thereafter until the area is

redesignated to attainment (section

187(a)(5)). ADEC submitted its required

1993 Periodic Update. Areas classified

as moderate >12.7 ppm are required to

submit an attainment demonstration

plan by November 15, 1992 that

demonstrates attainment by December

31, 1995 (187(a)(7)). To make the

attainment demonstration, base year and

projected modeling inventories are

needed. The base year inventory is the

primary inventory from which the

periodic and modeling inventories are

derived. Further information on these

inventories and their purpose can be

found in the document ‘‘Emission

Inventory Requirements for Carbon

Monoxide State Implementation Plans,’’

EPA, Office of Air Quality Planning and

Standards, Research Triangle Park,

North Carolina, March 1991.

II. Today’s Action

The EPA is approving the carbon

monoxide (CO) base year 1990 emission

inventory submitted to EPA on

December 29, 1993, based on the Level

I, II, and III review findings.

III. Review of State Submittal

A. The Level I and II review process

is used to determine that all

components of the base year inventory

are present. The review also evaluates

the level of supporting documentation

provided by the State and assesses

whether the emissions were developed

according to current EPA guidance.

Alaska’s inventory satisfies both Level I

and Level II requirements. The Level III

review process is outlined here and

consists of 9 points that the inventory

must include. For a base year emission

inventory to be acceptable it must pass

all of the following acceptance criteria:

1. An approved Inventory Preparation

Plan (IPP) must be provided and the

Quality Assurance (QA) program