### 16798 Federal Register / Vol. 60, No. 63 / Monday, April 3, 1995 / Rules and Regulations

37

° 54 ′00 ′′ N, 122 ° 25 ′ 13 ′′ W; thence to 37

° 53 ′ 59 ′′ N, 122 ° 25 ′ 22 ′′ W; thence to 37

° 55 ′ 30 ′′ N, 122 ° 25 ′ 35 ′′ W; thence to 37

° 55 ′40 ′′ N, 122 ° 25 ′ 10 ′′ W; thence to 37

° 54 ′ 54 ′′ N, 122 ° 24 ′ 30 ′′ W; thence to 37

° 54 ′ 30 ′′ N, 122 ° 24 ′00 ′′ W; thence returning to the point of beginning.

Datum: NAD 83

(7) Oakland Harbor RNA. The following is a regulated navigation area—The waters bounded by a line connecting the following coordinates, beginning at:

37

° 48 ′40 ′′ N, 122 ° 19 ′ 58 ′′ W; thence to 37

° 48 ′ 50 ′′ N, 122 ° 20 ′02 ′′ W; thence to 37

° 48 ′ 20 ′′ N, 122 ° 21 ′00 ′′ W; thence to 37

° 48 ′ 15 ′′ N, 122 ° 21 ′ 30 ′′ W; thence to 37

° 48 ′ 20 ′′ N, 122 ° 21 ′ 12 ′′ W; thence to 37

° 48 ′ 26 ′′ N, 122 ° 21 ′45 ′′ W; thence to 37

° 47 ′ 55 ′′ N, 122 ° 21 ′ 26 ′′ W; thence to 37

° 48 ′03 ′′ N, 122 ° 21 ′00 ′′ W; thence to 37

° 47 ′48 ′′ N, 122 ° 19 ′ 46 ′′ W; thence to 37

° 47 ′ 55 ′′ N, 122 ° 19 ′43 ′′ W; thence returning along the shoreline to the point of the beginning.

Datum: NAD 83

(d) General Regulations. (1) A powerdriven vessel of 1600 or more gross tons, or a tug with a tow of 1600 or more gross tons, navigating within the RNAs defined in paragraph (c) of this section, shall not exceed a speed of 15 knots through the water.

(2) A power-driven vessel of 1600 or more gross tons, or a tug with a tow of 1600 or more gross tons, navigating within the RNAs defined in paragraph (c) of this section, shall have its engine(s) ready for immediate maneuver and shall operate its engine(s) in a control mode and on fuel that will allow for an immediate response to any engine order, ahead or astern, including stopping its engine(s) for an extended period of time.

(3) The master, pilot or person directing the movement of a vessel within the RNAs defined in paragraph (c) of this regulation shall comply with Rule 9 of the Inland Navigation Rules (INRs) (33 U.S.C. 2009) in conjunction with the provisions of the associated INRs.

(e) Specific Regulations. —(1) San Francisco Bay RNA: (i) A vessel shall navigate with particular caution in a precautionary area, or in areas near the terminations of traffic lanes or channels, as described in this regulation.

(ii) A power-driven vessel of 1600 or more gross tons, or a tug with a tow of 1600 or more gross tons, shall:

(A) use the appropriate traffic lane and proceed in the general direction of traffic flow for that lane;

(B) use the Central Bay Deep Water Traffic Lane if eastbound with a draft of 45 feet or greater or westbound with a draft of 28 feet or greater;

(C) not enter the Central Bay DeepWater Traffic Lane when another powerdriven vessel of 1600 or more gross tons or tug with a tow of 1600 or more gross tons is navigating therein when either vessel is:

( 1 ) carrying certain dangerous cargoes (as denoted in section 160.203 of this subchapter);

(2

) carrying bulk petroleum products;

or (3 ) a tank vessel in ballast if such entry would result in meeting, crossing, or overtaking the other vessel.

(D) normally join or leave a traffic lane at the termination of the lane, but when joining or leaving from either side, shall do so at as small an angle to the general direction of traffic flow as practicable;

(E) so far as practicable keep clear of the Central Bay Separation Zone and the Deep Water Lane Separation Zone;

(F) not cross a traffic lane separation zone unless crossing, joining, or leaving a traffic lane.

(2) Pinole Shoal Channel RNA: (i) The use of Pinole Shoal Channel RNA is reserved for navigation of vessels with a draft greater than 20 feet or tugs with tows drawing more than 20 feet. Vessels drawing less than 20 feet are not permitted within this RNA and are prohibited from crossing it at any point.

(ii) A power-driven vessel of 1600 or more gross tons or a tug with a tow of 1600 or more gross tons shall not enter Pinole Shoal Channel RNA when another power-driven vessel of 1600 or more gross tons or tug with a tow of 1600 or more gross tons is navigating therein when either vessel is:

(A) carrying certain dangerous cargoes (as denoted in section 160.203 of this subchapter);

(B) carrying bulk petroleum products;

or (C) a tank vessel in ballast if such entry would result in meeting, crossing, or overtaking the other vessel.

(iii) Vessels permitted to use this channel shall proceed at a reasonable speed so as not to endanger other vessels or interfere with any work which may become necessary in maintaining, surveying, or buoying the channel, and they shall not anchor in the channel except in case of a deviation authorized under paragraph (b) of this
section.

(iv) This paragraph shall not be construed as prohibiting any necessary use of the channel by any public vessels while engaged in official duties, or in emergencies by pilot boats.

(3) Southern Pacific Railroad Bridge (RNA): (i) When visibility is less than 1000 yards within the Southern Pacific Railroad Bridge RNA, a power-driven vessel of 1600 or more gross tons, or a tug with a tow of 1600 or more gross

tons:

(A) When eastbound, shall not transit through the RNA.

(B) When westbound: ( 1 ) During periods of reduced visibility and immediately prior to passing New York Point, the master, pilot, or person directing the movement of a vessel shall obtain a report of visibility conditions within the RNA.

(2

) If visibility within the RNA is less than 1000 yards, the vessel shall not transmit the RNA. Vessels prevented from transiting due to low visibility shall not proceed past Mallard Island until visibility improves to greater than 1000 yards within the RNA.

(3

) If a transit between New York Point and the Southern Pacific Railroad Bridge has commenced, and the visibility subsequently should become less than 1000 yards, the master, pilot, or person directing the movement of a vessel shall comply with paragraph (b) of this section and may proceed, taking all further appropriate actions in the interest of safety.

(ii) Visibility is considered to be 1000 yards or greater when both the following geographical points can be seen from the Southern Pacific Railroad Bridge:

(A) The Port of Benecia Pier, and (B) The Shell Martinez Pier. (4) Southampton Shoal/Richmond Harbor RNA: A power-driven vessel of 1600 or more gross tons, or a tug with a tow of 1600 or more gross tons, shall not enter Southampton Shoal/RichmondHarbor RNA when another powerdriven vessel of 1600 or more gross tons, or a tug with a tow of 1600 or more gross tons, is navigating therein, if such entry would result in meeting, crossing, or overtaking the other vessel.

(5) Oakland Harbor RNA: A powerdriven vessel of 1600 or more gross tons or a tug with a tow of 1600 or more gross tons shall not enter the OaklandHarbor RNA when another powerdriven vessel of 1600 or more gross tons, or a tug with a tow of 1600 or more gross tons, is navigating therein, if such entry would result in meeting, crossing, or overtaking the other vessel. R.A. Appelbaum,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard District. [FR Doc. 95–8124 Filed 3–31–95; 8:45 am]

BILLING CODE 4910–14–M

### 16799 Federal Register / Vol. 60, No. 63 / Monday, April 3, 1995 / Rules and Regulations

1 Among 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).

2 The Bay Area has 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 55 FR 56694 (November 6, 1991).

3 EPA 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). ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 83–5–6889a; FRL–5165–5]

Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision, Bay Area Air Quality Management District

AGENCY : Environmental Protection Agency (EPA).

ACTION : Direct final rule.

SUMMARY : EPA is taking direct final action on revisions to the California State Implementation Plan (SIP). The revisions concern rules from Bay Area Air Quality Management District (BAAQMD). This approval action will incorporate these rules into the federally approved SIP. The intended effect of approving these rules 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 rules control VOC emissions from organic liquid bulk plants and terminals, surface coating of miscellaneous metal parts and products, aerospace assembly and component coating operations, flexible and rigid disc manufacturing, gasoline bulk terminals, gasoline bulk plants, and gasoline delivery vehicles. One of the rules concerns the submittal of VOC and NOX emissions data to the district. Thus, EPA is finalizing the approval of these revisions 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 June 2, 1995 unless adverse or critical comments are received by May 3, 1995. If the effective date is delayed, a timely notice will be published in the Federal Register

. ADDRESSES : 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 Section (A–5–3), Air and

Toxics Division, U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105. Environmental Protection Agency, Air

Docket (6102), 401 ‘‘M’’ Street, SW., Washington, DC 20460. California Air Resources Board,

Stationary Source Division, Rule Evaluation Section, 2020 ‘‘L’’ Street, Sacramento, CA 92123–1095. Bay Area Air Quality Management

District, 939 Ellis Street, San Francisco, CA 94109.

FOR FURTHER INFORMATION CONTACT : Helen Liu, Rulemaking Section (A–5–3), Air and Toxics Division, U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105. Telephone: (415) 744–1199.

SUPPLEMENTARY INFORMATION : Applicability

The rules being approved into the California SIP include the following BAAQMD rules: Rule 8.6, Organic Liquid Bulk Terminals and Bulk Plants, Rule 8.19, Surface Coating of Miscellaneous Metal Parts and Products, Rule 8.29, Aerospace Assembly and Component Coatings Operations, Rule 8.33, Gasoline Bulk Terminals and Gasoline Delivery Vehicles, Rule 8.38, Flexible and Rigid Disc Manufacturing, Rule 8.39, Gasoline Bulk Plants and Gasoline Delivery Vehicles, and Rule 2.1, Section 429, Emissions Statement. These rules were submitted by the California Air Resources Board (CARB) to EPA on September 28, 1994, except for Rule 8.6, which was submitted on May 24, 1994, and Rule 2.1, Section 429, which was submitted October 19, 1994. 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 San Francisco-Bay Area. 43 FR 8964, 40 CFR 81.305. Because this area was unable to meet the statutory attainment date of December 31, 1982, California requested under section 172 (a)(2), and EPA approved, an extension of the attainment date to December 31, 1987. (40 CFR 52.222). On May 26, 1988, EPA notified the Governor of California, pursuant to section 110(a)(2)(H) of the 1977 Act, that the above districts’ portions of the California SIP were inadequate to attain and maintain the ozone standard and requested that deficiencies in the existing SIP be corrected (EPA’s SIP-Call). 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-amendment guidance. 1 EPA’s SIP-Call used that guidance to indicate the necessary corrections for specific nonattainment areas. The Bay Area is classified as moderate 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 May 24, 1994, September 28, 1994, and October 19, 1994, including the rules being acted on in this notice. This document addresses EPA’s direct-final action for the BAAQMD rules cited above. BAAQMD adopted Rule 8.6 on February 2, 1994, Rule 8.19, Rule 8.38, and Rule 2.1, Section 429 on June 15, 1994, and Rule 8.29, Rule 8.33, and Rule 8.39 on June 1, 1994. These submitted rules were found to be complete on July 14, 1994 (Rule 8.6), on November 22, 1994 (Rules 8.19, 8.29, 8.33, 8.38, 8.39), and on December 1, 1994 (Rule 2.1, Section 429). These rules were found complete pursuant to EPA’s completeness criteria that are set forth in 40 CFR part 51 Appendix V 3 and are being finalized for approval into the SIP.

Rule 8.6 controls volatile organic compounds (VOC) emissions from transfer operations at non-gasoline organic liquid bulk plants and terminals. Rule 8.19 limits the VOC emissions from the coating of miscellaneous metal parts and products. Rule 8.29 limits the emission of VOCs from the surface preparation and coating of aerospace components and cleanup of aerospace coating equipment. Rule 8.33

### 16800 Federal Register / Vol. 60, No. 63 / Monday, April 3, 1995 / Rules and Regulations

4 EPA has determined that emissions resulting from the higher limits do not represent a significant difference from the allowable emissions under the applicable CTG standards and that they fall within the ‘‘5% Rule’’ in the Blue Book. The ‘‘5% Rule’’ allows states to depart from a CTG standard upon a demonstration that the departure results in ‘‘no significant difference’’ in emissions (i.e. less than 5% from the CTG allowable). controls VOC emissions from transfer operations at gasoline bulk terminals. Rule 8.38 limits the emission of VOCs from the manufacture of flexible and rigid magnetic data storage discs. Rule 8.39 controls VOC emissions from transfer operations at gasoline bulk plants. Rule 2.1, Section 429 requires certain VOC and NOX facility owners to report VOC and oxides of nitrogen (NOX) emissions data annually to the district. VOC and NOX emissions contribute to the production of ground level ozone and smog. These rules were originally adopted as part of the Bay Area’s 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. The following is EPA’s evaluation and final action for these rules.

EPA Evaluation and Action

In determining the approvability of a VOC rule, EPA must evaluate the rule for consistency with the requirements of the CAA and EPA regulations, as found in section 110 and part D of the CAA and 40 CFR part 51 (Requirements for Preparation, Adoption, and Submittal of Implementation Plans). The EPA interpretation of these requirements, which forms the basis for today’s action, appears in the various EPA policy guidance documents listed in footnote 1. Among those provisions is the requirement that a VOC rule must, at a minimum, provide for the implementation of RACT for stationary sources of VOC emissions. This requirement was carried forth from the pre-amended Act.

For the purpose of assisting state and local agencies in developing RACT rules, EPA prepared a series of Control Technique Guideline (CTG) documents. The CTGs are based on the underlying requirements of the Act and specify the presumptive norms for what is RACT for specific source categories. Under the CAA, Congress ratified EPA’s use of these documents, as well as other Agency policy, for requiring States to ‘‘fix-up’’ their RACT rules. See section 182(a)(2)(A). The CTG applicable to Rule 8.19 is entitled ‘‘Control of Volatile Organic Emissions from Existing Stationary Sources—Volume VI: Surface Coating of Miscellaneous Metal Parts and Products’’ [EPA–450/2–78–015]. The CTG entitled ‘‘Control of Hydrocarbons from Tank Truck Gasoline Loading Terminals’’ [EPA– 450/2–77–026] applies to Rule 8.6 and Rule 8.33. The CTG entitled ‘‘Control of Volatile Organic Emissions from Bulk Gasoline Plants’’ [EPA–450/2–77–035] applies to Rule 8.6 and Rule 8.39. The CTG entitled ‘‘Control of Volatile Organic Compound Leaks from Gasoline Tank Trucks and Vapor Collection Systems’’ [EPA–450/2–78–051] applies to Rule 8.33 and Rule 8.39. Further interpretations of EPA policy are found in the Blue Book, referred to in footnote 1, and in ‘‘Model Volatile Organic Compound Rules for Reasonably Available Control Technology,’’ Office of Air Quality Planning Standards, June 1992. In general, these guidance documents have been set forth to ensure that VOC rules are fully enforceable and strengthen or maintain the SIP.

BAAQMD’s submitted Rule 8.6, Organic Liquid Bulk Terminals and Bulk Plants includes the following significant changes from the current SIP:

• The mass emission limit for bulk terminals was lowered from 0.65 lb/ 1000 gallons to 0.17 lb/1000 gallons,

• Mass emission limits were added for bulk plants (0.35 lb/1000 gallons) and for deliveries to storage tanks (0.17 lb/1000 gallons),

• The rule now covers liquids with vapor pressures greater than 0.5 psia.

BAAQMD’s submitted Rule 8.19, Surface Coating of Miscellaneous Metal Parts and Products includes the following significant changes from the current SIP:

• Exemptions include compliant powder coatings and low usage coatings,

• Certain coatings with limits that exceed the VOC content limits in the CTG are allowed, 4

• Petition requirements for low usage and specialty coatings are introduced,

• Emission reduction credits must be adjusted to reflect federal RACT.

BAAQMD’s submitted Rule 8.29, Aerospace Assembly and Component Coating Operations includes the following significant changes from the current SIP:

• The low usage coating exemption is 200 gallons per facility per calendar

year,

• Operations that use less than 20 gallons of coating in any calendar year are exempt from certain recordkeeping requirements,

• The abatement efficiency for control of emissions from non-compliant coatings must be at least 85%,

• Petition requirements for low usage coatings are introduced. BAAQMD’s submitted Rule 8.33, Gasoline Bulk Terminals and Gasoline Delivery Vehicles includes the following significant changes from the current SIP:

• The emission limit for vapor recovery systems was lowered from 0.55 lb/1000 gallons to 0.08 lb/1000 gallons,

• Test methods were updated. BAAQMD’s submitted Rule 8.38, Flexible and Rigid Disc Manufacturing includes the following major elements:

• Total control efficiency must be at least 85% for disc coating and polishing lines,

• Coating mixing operation requirements specify dimensions and materials for the vats.

BAAQMD’s submitted Rule 8.39, Gasoline Bulk Plants and Gasoline Delivery Vehicles includes the following significant changes from the current SIP:

• The emissions limit for vapor recovery systems was lowered from 0.55 lb/1000 gallons to 0.50 lb/1000 gallons,

• Test procedures were either added or updated.

BAAQMD’s submitted Rule 2.1, Section 429, Emissions Statement includes the following major issue:

• Certain VOC and NOX facility owners are required to report emissions data annually to the district.

EPA has evaluated the submitted rules and has determined that they are consistent with the CAA, EPA regulations, and EPA policy. Therefore, BAAQMD’s Rule 8.6, Organic Liquid Bulk Terminals and Bulk Plants, Rule 8.19, Surface Coating of Miscellaneous Metal Parts and Products, Rule 8.29, Aerospace Assembly and Component Coatings Operations, Rule 8.33, Gasoline Bulk Terminals and Gasoline Delivery Vehicles, Rule 8.38, Flexible and Rigid Disc Manufacturing, Rule 8.39, Gasoline Bulk Plants and Gasoline Delivery Vehicles, and Rule 2.1, Section 429, Emissions Statement are being approved under section 110(k)(3) of the CAA as meeting the requirements of section 110(a) and part D.

Nothing in this action should be construed as permitting or allowing or establishing a precedent for any future implementation plan. Each request for revision to the state implementation plan shall be considered separately in light of specific technical, economic, and environmental factors and in relation to relevant statutory and regulatory requirements.

EPA is publishing this notice without prior proposal because the Agency views this as a noncontroversial amendment and anticipates no adverse comments. However, in a separate document in this Federal Register

### 16801 Federal Register / Vol. 60, No. 63 / Monday, April 3, 1995 / Rules and Regulations

publication, the EPA is proposing to approve the SIP revision should adverse or critical comments be filed. This action will be effective June 2, 1995 unless, within 30 days of its publication, adverse or critical comments are received.

If the EPA receives such comments, this action will be withdrawn before the effective date by publishing a subsequent notice that will withdraw the final action. All public comments received will then be addressed in a subsequent final rule based on this action serving as a proposed rule. The EPA 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 June 2, 1995.
Regulatory Process

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., EPA must prepare a regulatory flexibility analysis assessing the impact of any proposed or final rule on small entities. 5 U.S.C. §§ 603 and 604. Alternatively, EPA may certify that the rule will not have a significant impact on a substantial number of small entities. Small entitiesinclude small businesses, small not-forprofit enterprises and government entities with jurisdiction over population of less than 50,000. SIP approvals under sections 110 and 301(a) 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, I certify 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 regulatory flexibility analysis would constitute Federal inquiry into the economic reasonableness of state action. The CAA forbids EPA to base its actions concerning SIPs on such grounds. Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256–66 (S. Ct. 1976); 42 U.S.C. 7410(a)(2).

The OMB has exempted this action from review under Executive Order 12866. 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: February 15, 1995. Felicia Marcus, Regional Administrator.

Subpart F of 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 F—California

2. Section 52.220 is amended by adding paragraphs (c) (197)(i)(B), (199)(i)(A)(5 ), (202) introductory text, and (202)(i) to read as follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * * (197) * * * (i) * * * (B) Bay Area Air Quality Management District.

( 1 ) Rule 8–6, adopted on February 2, 1994.

* * * * *

(199) * * * (i) * * * (A) * * * (5

) Rules 8–29, 8–33, and 8–39, adopted on June 1, 1994, and Rules 8– 19 and 8–38, adopted on June 15, 1994.

* * * * *

(202) New and amended regulations for the following APCDs were submitted on October 19, 1994, by the Governor’s designee.

(i) Incorporation by reference. (A) Bay Area Air Quality Management District.

( 1 ) Rule 2–1, adopted on June 15, 1994.

* * * * * [FR Doc. 95–8042 Filed 3–31–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[IL104–1–6697a; FRL–5158–7]

Approval and Promulgation of Implementation Plans; Illinois

AGENCY : Environmental Protection Agency.

ACTION : Direct final rule.

SUMMARY : On November 28, 1994, the State of Illinois submitted a State Implementation Plan (SIP) revision request to the United States Environmental Protection Agency (USEPA) for Marine Vessel Loading as part of the State’s 15 percent (%) Rate of Progress (ROP) Plan control measures for Volatile Organic Matter (VOM) emissions. A final approval action is being taken because the submittal meets all pertinent Federal requirements. The control measures require marine terminals, from May 1 through September 15, to operate a vapor collection and control system which achieves a 95% control efficiency. This type of control is not required as Reasonably Available Control Technology (RACT) under the Clean Air Act, and is therefore not subject to the same RACT stringency. In the proposed rules section of this Federal Register

, USEPA is proposing approval of and soliciting public comment on this requested SIP revision. If adverse comments are received on this action, USEPA will withdraw this final rule and address the comments received in response to this action in a final rule on the related proposed rule which is being published in the proposed rules section of this Federal Register. A second public comment period will not be held. Parties interested in commenting on this action should do so at this time.

DATES : This final rule is effective June 2, 1995, unless an adverse comment is received by May 3, 1995. If the effective date of this action is delayed due to adverse comments, timely notice will be published in the Federal Register

. ADDRESSES : Copies of the revision request and USEPA’s analysis (Technical Support Document) are available for inspection at the following address: U.S. Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. (It is recommended that you telephone Rosanne M. Lindsay at (312) 353–1151 before visiting the Region 5 Office.)

Written comments should be sent to: J. Elmer Bortzer, Chief, Regulation Development Section, Regulation Development Branch (AR–18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT : Rosanne M. Lindsay at (312) 353–1151.

SUPPLEMENTARY INFORMATION : I. Summary of State Submittal

On November 28, 1994, the Illinois Environmental Protection Agency (IEPA) submitted a SIP revision request which amends 35 Ill. Adm. Code Parts 218 and 219, to include control measures for the loading of marine vessels and, in addition, eliminates the