6126 Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Rules and Regulations

the same or contiguous grounds on

which the parent facility is located.

When an eligible entity establishes sites

which have not been inspected and

approved by VA, a request for separate

approval of such sites must be made.

The prohibitions in § 17.720 of this part

are also applicable to applications for

aid on behalf of any veterans cared for

in a new annex, branch or enlarged,

expanded or relocated facility.

(Authority: 38 U.S.C. 501, 7721, note)

§ 17.719 Amount of aid payable.

The per diem amount payable for

supportive housing is the current VA

State Home Program per diem rate for

domiciliary care as set forth in 38 U.S.C.

1741. The per diem amount payable for

supportive services, not provided in

conjunction with supportive housing, is

$1.10 for each half-hour during which

supportive services are provided, up to

$17.60 per day. These rates will be paid

provided, however, the per diem

amount for supportive housing or

supportive services (not provided in

conjunction with supportive housing)

does not exceed one-half of the cost to

the per diem recipient of providing the

services. Also, provided further, per

diem payment of supportive housing

and supportive services may be lessened

because of budget restriction as

described in § 17.715(d)(3) of this part.

Per diem payments may not be paid for

a veteran for both supportive housing

and supportive services (not in

conjunction with supportive housing).

(Authority: 38 U.S.C. 501, 7721, note)

§ 17.720 [Amended]

(4) In § 17.720, paragraphs (a)

introductory text, (a)(1) , and (a)(2) are

amended by removing ‘‘17.715(a)’’ and

adding, in their place, ‘‘17.716’’.

[FR Doc. 97–3283 Filed 2–10–97; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[IL154–1a; FRL–5685–7]

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 ‘‘Shipbuilding and Ship

Repair Industry’’ (SSRI) or ‘‘Marine

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 will be 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

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 Marine Coatings SIC category

sources. Illinois was required to adopt

rules controlling VOM emissions from

sources in this SIC category with a

potential to emit twenty-five 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 marine 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 marine 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 marine 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.
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