Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Rules and Regulations 11327

Vessel Number

Masthead

lights not

over all

other lights

and obstructions.

annex I,

sec. 2(f)

Forward

masthead

light not in

forward

quarter of

ship. annex

I, sec. 3 (a)

After masthead light

less than 1⁄2

ship’s

length aft of

forward

masthead

light. annex

I, sec. 3(a)

Percentage

horizontal

separation

attained

* * * * * * *

USS BATAAN .............................................................................. LHD 5 ...................... .................... X X 39.7

* * * * * * *

Approved:

R.R. Pixa,

Captain, JAGC, U.S. Navy, Deputy Assistant

Judge Advocate General (Admiralty).

Dated: January 29, 1997.

[FR Doc. 97–6220 Filed 3–11–97; 8:45 am]

BILLING CODE 3810–FF–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[IL138–1a; FRL–5660–2]

Approval and Promulgation of

Implementation Plans; Illinois

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The EPA approves Illinois’

May 5, 1995, May 26, 1995, and May 31,

1995, submittal of miscellaneous

amendments to Illinois’’ Volatile

Organic Material (VOM) Reasonably

Available Control Technology (RACT)

rules as requested revisions to Illinois’

State Implementation Plan (SIP) for

ozone. VOM, as defined by the State of

Illinois, is identical to ‘‘volatile organic

compounds’’ (VOC), as defined by EPA.

These amendments make certain

clarifications to the State’s VOM RACT

rules, and includes an exemption of

certain polyethylene foam packaging

operations from these rules. In this

action, EPA is approving the requested

SIP revision through a ‘‘direct final’’

rulemaking; the rationale for this

approval is set forth below. Elsewhere

in this Federal Register, EPA is

proposing approval and soliciting

comment on this direct final action; if

adverse comments are received, EPA

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 SIP revision.

DATES: This action will be effective May

12, 1997 unless adverse comments not

previously addressed by the State or

EPA are received by April 11, 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.

A copy of this SIP revision is also

available for inspection at: Office of Air

and Radiation (OAR), Docket and

Information Center (Air Docket 6102),

Room 1500, U.S. Environmental

Protection Agency, 401 M Street, S.W.,

Washington, D.C. 20460.

FOR FURTHER INFORMATION CONTACT:

Mark J. Palermo, Regulation

Development Section, Air Programs

Branch (AR–18J), U.S. Environmental

Protection Agency, 77 West Jackson

Boulevard, Chicago, Illinois, 60604.

Telephone: (312) 886–6082.

SUPPLEMENTARY INFORMATION:

I. Background

On September 9, 1994 and October

21, 1996 (59 FR at 46562 and 61 FR at

54556), the EPA approved VOM

reasonably available control technology

(RACT) rules under 35 Illinois

Administrative Code (IAC) parts 218

and 219. Part 218 covers the Chicago

ozone nonattainment area (Cook,

DuPage, Kane, Lake, McHenry, Will

Counties and Aux Sable and Goose Lake

Townships in Grundy County and

Oswego Township in Kendall County),

while part 219 covers the Metro-East

ozone nonattainment area (Madison,

Monroe, and St. Clair Counties). These

rules were submitted by Illinois in order

to comply with the RACT ‘‘fix-up’’ and

‘‘catch-up’’ requirements under sections

182(a)(2)(A) and 182(b)(2) of the Clean

Air Act (Act).

On September 12, 1994, and October

27, 1994, the Illinois Environmental

Protection Agency (IEPA) filed proposed

amendments to parts 218 and 219 with

the Illinois Pollution Control Board

(Board). These amendments were

proposed in order to clarify certain

applicability provisions, control

requirements, and compliance dates

contained within these rules. Also

included in these proposed

amendments was an exemption for

certain polyethylene foam packaging

operations from the rules’’ RACT

requirements. Public hearings on the

proposed amendments were held on

November 4, December 2, December 15,

December 16, 1994, and January 9, 1995,

in Chicago, Illinois. On April 20, 1995,

the Board adopted Final Opinions and

Orders for the proposed amendments.

The amendments became effective on

May 9, 1995, and were published in the

Illinois Register on May 19, 1995. The

IEPA formally submitted the

amendments to EPA in two submittals

dated May 5, 1995, as a revision to the

Illinois SIP for ozone; supplemental
11328 Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Rules and Regulations

submittals were submitted on May 26,

1995, and May 31, 1995.

II. State Submittal

A summary of the rule amendments

contained in the State’s requested SIP

revision follows. Where the same

change has been made in both Part 218

and Part 219, the change to both parts

is discussed together.

Section 218.106

Section 218.106(e) affects coating

operations on electromotive diesels in

Cook County, Illinois, by extending the

compliance date for meeting coating

VOM content limits specified in

sections 218.204(m) (2) and (3) to March

25, 1995. Illinois has submitted this

amendment to make its rules consistent

with a Chicago Federal Implementation

Plan (FIP) revision for General Motors

Corporation’s Electromotive Division

located in Cook County, Illinois

promulgated on March 24, 1994 (59 FR

14110).

Sections 218.480 and 219.480

These amendments affect RACT rules

under subpart T covering

pharmaceutical manufacturing in the

Chicago and Metro East ozone

nonattainment areas. Sections 218/

219.480(i) have been added to provide

that equipment and operations emitting

VOM at a source subject to the

applicability provisions for

pharmaceutical manufacturing under

sections 218/219 (a) or (c), and are used

to produce pharmaceutical products or

a pharmaceutical-like product such as a

hormone, enzyme, or antibiotic, shall be

deemed to be engaged in the

manufacture of pharmaceuticals for

purposes of this Subpart.

These amendments clarify that

equipment and processes which are

already subject to the VOM RACT

requirements for pharmaceutical

manufacturing under subpart T are not

additionally subject to subpart RR, the

requirements for miscellaneous organic

chemical manufacturing processes,

when manufacturing a pharmaceuticallike product such as a hormone,

enzyme, or antibiotic.

Section 218.686

This amendment affects aerosol can

filling lines in the Chicago ozone

nonattainment area. Section

218.686(a)(2)(B) is revised to clarify that

a source only needs to demonstrate its

inability to use the through-the-valve

filling method for a particular product

by meeting any one of the three factors

listed, rather than all three. The

previous language incorrectly used the

word ‘‘and,’’ instead of ‘‘or,’’ which

inadvertently required the source to

meet all three factors instead of just one.

Section 218.966

Section 218.966(c) specifies control

practices of components leaking VOM at

Miscellaneous Organic Chemical

Manufacturing Plants in the Chicago

ozone subject to Part 218, Subpart RR.

A compliance date of March 15, 1995,

has been added to this subsection

because Illinois inadvertently omitted

this compliance date when this

subsection was first adopted.

Sections 218.980 and Sections 219.980

Part 218/219, subpart TT contains

non-Control Techniques Guidelines

(CTG) RACT requirements for various

sources which do not fall under any

subpart of the rules. Sections 218/

219.980(f), have been revised to add

polyethylene foam packaging operations

to the list of units exempted from the

control requirements under subpart TT.

This exemption would affect only one

source, Freeflow Packaging (Freeflow),

located in the Chicago ozone

nonattainment area. Freeflow

manufactures polyethylene foam sheets

that are used as a wrapping to prevent

marring and scratching during shipment

of electronic equipment and cabinets.

VOM emissions from this operation

come mainly from the blowing agent,

isobutane, which is used to expand

polymeric resin to form the sheets.

Without this exemption, Freeflow

would be required under sections 218/

219.986 to use either an emission

capture and control techniques that

achieve an overall reduction in

uncontrolled VOC emissions of at least

81 percent from each emission unit, or

comply with an equivalent alternative

control plan which has been approved

by IEPA and EPA in a federally

enforceable permit or as a SIP revision.

In support of the rule exemption,

Illinois submitted a November 25, 1996,

RACT analysis which indicated that

Freeflow’s estimated control cost to

comply with the regulation, $10,260 to

$11,370 per ton of VOM emissions

destroyed, is economically unreasonable

for this particular source. To further

support the exemption, Illinois

investigated other state RACT

regulations which covered polyethylene

foam packaging. Two California

regulations were identified: San Joaquin

Valley Unified Air Pollution Control

District (SJVUAPCD) Rule 4682, and

South Coast Air Quality Management

District (SCAQMD) Rule 1175. Illinois

found that there were five polyethylene

foam packaging operations covered

under SJVUAPCD Rule 4682. These five

sources, however, do not manufacture

foam sheets such as Freeflow, and

therefore utilize a different operation,

which involves the extrusion of

pelletized resin using steam or heat to

form the final product without the need

to employ VOM containing blowing

agents. As for SCAQMD Rule 1175, no

affected polyethylene foam packaging

operations were identified by SCAQMD

during the rulemaking process.

Therefore, Illinois could not find any

polyethylene foam packaging operation

similar to Freeflow’s operation which is

subject to RACT regulations. Because

Illinois has found that RACT control to

be economically unreasonable for

Freeflow’s polyethylene foam packaging

operation, and that Freeflow’s particular

type of operation is not covered under

RACT in other states, Illinois is

requesting that EPA approve the

addition of polyethylene foam

packaging operations to the list of

operations exempted from control under

subpart TT.

III. Review of Submittal

The EPA finds that the amendments

contained in 35 IAC sections 218.106,

218.480, 218.686, 218.966, and 219.480

are acceptable clarifications to Illinois’’

existing VOM RACT rules and represent

no deviation from RACT. EPA also finds

that the RACT exemption for

polyethylene foam packaging operations

contained in sections 218.980(f) and

219.980(f) is adequately justified by

Illinois. EPA, therefore, approves these

amendments as a revision to the Illinois

SIP for ozone.

IV. Rulemaking Action

The EPA approves Illinois’ May 5,

1995, May 26, 1995 and May 31, 1995,

submittals requesting revisions to the

Illinois SIP for ozone. These revisions

include 35 IAC sections 218.106,

218.480, 218.686, 218.966, 218.980,

219.480, and 219.980.

The EPA is publishing this action

without prior proposal because EPA

views this as a noncontroversial

revision and anticipates no adverse

comments. However, in a separate

document in this Federal Register

publication, the EPA is proposing to

approve the SIP revision should adverse

or critical comments be filed. This

action will be effective on May 12, 1997

unless, by April 11, 1997, 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 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
Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Rules and Regulations 11329

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 on May 12, 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.

V. 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., EPA 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,

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-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 EPA 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, EPA 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 Federal

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, EPA

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 May 12, 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,

Incorporation by reference, Ozone, and

Volatile organic compounds.

Dated: November 27, 1996.

Valdas V. Adamkus,

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 52.720 is amended by

adding paragraph (c)(123) to read as

follows:

§ 52.720 Identification of plan.

(c) * * *

(123) On May 5, 1995, May 26, 1995,

and May 31, 1995, the State of Illinois

submitted miscellaneous revisions to its

Volatile Organic Material (VOM)

Reasonably Available Control

Technology (RACT) rules contained in

35 Illinois Administrative Code Part

218: Organic Material Emission

Standards and Limitations for the

Chicago Area, and Part 219: Organic

Material Emission Standards and

Limitations for the Metro East Area.

These amendments clarify certain

applicability provisions, control

requirements, and compliance dates

contained within these regulations. Also

included in these amendments is an

exemption for certain polyethylene

foam packaging operations from VOM

RACT requirements.

(i) Incorporation by reference. Illinois

Administrative Code, Title 35:

Environmental Protection, Subtitle B:

Air Pollution, Chapter I: Pollution

Control Board, Subchapter c: Emission

Standards and Limitations for

Stationary Sources.

(A) Part 218: Organic Material

Emission Standards and Limitations for

the Chicago Area, Subpart A: General

Provisions, Section 218.106; Subpart T:

Pharmaceutical Manufacturing, Section

218.480; Subpart DD: Aerosol Can

Filling, Section 218.686; Subpart RR:

Miscellaneous Organic Chemical

Process, Section 218.966; Subpart TT:

Other Emission Units, Section 218.980.

Amended at 19 Ill. Reg. 6848; effective

May 9, 1995.

(B) Part 219: Organic Material

Emission Standards and Limitations for

the Metro East Area, Subpart T:

Pharmaceutical Manufacturing, Section

219.480; Subpart TT: Other Emission

Units, Section 219.980. Amended at 19

Ill. Reg. 6958, effective May 9, 1995.

[FR Doc. 97–6076 Filed 3–11–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[DE027–1004a, DE020–1004a; FRL–5679–4]

Approval and Promulgation of Air

Quality Implementation Plans; State of

Delaware: Open Burning and Non-CTG

RACT Regulations

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.