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 Deep

Water 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/Richmond

Harbor 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 Oakland

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

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

4EPA 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
Federal Register / Vol. 60, No. 63 / Monday, April 3, 1995 / Rules and Regulations 16801

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 entities

include 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