Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Rules and Regulations 15233

World Geodetic System of 1984 (WGS

84). The ellipsoid used for NAD 83,

Geodetic Reference System 1980 (GRS

80), is earth-centered or geocentric as

opposed to the nongeocentric ellipsoids

previously employed. This means that

the center of the ellipsoid coincides

with the center of the mass of the earth.

Any inquiries and requests for further

information regarding NAD 83 and

National Ocean Service nautical charts

should be addressed to: Director, Coast

Survey (NCG2), National Ocean Service,

NOAA, 1315 East-West Highway,

Station 6147, Silver Spring, Maryland

20910–3282.

Pursuant to its authorities in Section

7 of the Rivers and Harbors Act of 1917

(40 Stat. 266; 33 U.S.C. 1) and Chapter

XIX of the Army Appropriations Act of

1919 (40 Stat. 892; 33 U.S.C. 3), the

Corps of Engineers is amending the

regulations in 33 CFR 334 by inserting

the following clause that alerts mariners

to the potential for navigation and

charting errors in consequence of the

NAD 83.

‘‘Geographic coordinates expressed in

terms of latitude or longitude, or both,

are not intended for plotting on maps or

charts whose reference horizontal

datum is the North American Datum of

1983 (NAD 83), unless such geographic

coordinates are expressly labeled NAD

83. Geographic coordinates without the

NAD 83 reference may be plotted on

maps or charts referenced to NAD 83

only after application of the appropriate

corrections that are published on the

particular map or chart being used’’. On

January 24 1995, the Corps published

this change in the Notice of Proposed

Rulemaking section of the Federal

Register (60 FR 4582–4583) with the

comment period ending on February 23,

1995. We received no comments.

Notes

1. The U.S. Army Corps of Engineers

has determined that this rule is not a

major rule within the meaning of

Executive Order 12866 and is in

accordance with the exemption

provided military functions.

2. This rule has been reviewed under

the Regulatory Flexibility Act (Pub. L.

96–354) which requires preparation of a

regulatory flexibility analysis for any

regulation that will have a significant

economic impact on a substantial

number of small entities, i.e., small

businesses, small government

jurisdictions. We do not believe that the

establishment of these rules will have

any negative impacts on small entities

because the procedures codified here

will only serve to eliminate errors and

confusion about the applicability of the

1983 North American Datum. Finally,

no reporting or record-keeping

requirements are imposed on any small

entity as the result of this amendment

to the danger zone/restricted area

regulations. Therefore, we have

determined that this rule will not have

a significant economic impact on a

substantial number of small entities and

a regulatory flexibility analysis is not

warranted.

List of Subjects in 33 CFR Part 334

Navigation, Waterways,

Transportation.

Accordingly, we are amending Part

334 as follows:

PART 334—DANGER ZONE AND

RESTRICTED AREA REGULATIONS

1. The authority citation for Part 334

continues to read as follows:

Authority: (40 Stat. 266; 33 U.S.C. 1) and

(40 Stat. 892; 33 U.S.C. 3).

2. Section 334.6 Datum is added as

follows:

§ 334.6 Datum.

(a) Geographic coordinates expressed

in terms of latitude or longitude, or

both, are not intended for plotting on

maps or charts whose reference

horizontal datum is the North American

Datum of 1983 (NAD 83), unless such

geographic coordinates are expressly

labeled NAD 83. Geographic coordinates

without the NAD 83 reference may be

plotted on maps or charts referenced to

NAD 83 only after application of the

appropriate corrections that are

published on the particular map or chart

being used.

(b) For further information on NAD 83

and National Service nautical charts

please contact: Director, Coast Survey

(N/CG2), National Ocean Service,

NOAA, 1315 East-West Highway,

Station 6147, Silver Spring, MD 20910–

3282.

Dated: March 15, 1995.

Stanley G. Genega,

Major General, U.S. Army, Director of Civil

Works.

[FR Doc. 95–7208 Filed 3–22–95; 8:45 am]

BILLING CODE 3710–92–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[IL115–1–6791a; FRL–5166–1]

Approval and Promulgation of

Implementation Plans; Revision to the

Illinois State Implementation Plan for

Ozone

AGENCY: Environmental Protection

Agency (USEPA).

ACTION: Direct final rule.

SUMMARY: The USEPA approves the

State Implementation Plan (SIP)

revision request submitted by the State

of Illinois on October 25, 1994, for the

purpose of lowering the Reid Vapor

Pressure (RVP) of gasoline from 9.0

pounds per square inch (psi) to 7.2 psi

for the Metro-East St. Louis (Metro-East)

ozone nonattainment area which

includes Madison, Monroe, and St. Clair

Counties. The rationale for the approval

is set forth in this direct final rule;

additional information is available at

the address indicated below. 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 direct

final rule, USEPA will withdraw this

direct final rule and address the

comments received in a subsequent

final rule on the related proposed rule

which is being published in the

proposed rules section of this Federal

Register. No additional opportunity for

public comment will be provided.

Unless this direct final rule is

withdrawn no further rulemaking will

occur on this requested SIP revision.

DATES: This final rule is effective on

May 22, 1995, unless notice is received

by April 24, 1995, that someone wishes

to submit adverse comments. If the

effective date is delayed, timely notice

will be published in the Federal

Register.

ADDRESSES: Written comments can be

mailed to: J. Elmer Bortzer, Chief,

Regulation Development Section (AR–

18J), Regulation Development Branch,

Air and Radiation Division, U.S.

Environmental Protection Agency, 77

West Jackson Boulevard, Chicago,

Illinois 60604.

Copies of the USEPA’s technical

analysis (TSD) are available for

inspection at the following address: (It

is recommended that you telephone

Francisco Acevedo at (312) 886–6061

before visiting the Region 5 Office.) U.S.

Environmental Protection Agency,

Region 5, Air and Radiation Division, 77
15234 Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Rules and Regulations

1USEPA promulgated the RVP regulations under

both section 211(c) and section 211(h). States are

generally preempted under section 211(c)(4)(A)

from requiring fuel standards nonidentical to

Federal standards promulgated under section

211(c)(1).

West Jackson Boulevard, Chicago,

Illinois 60604.

A copy of the RVP SIP revision is

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, SW.,

Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT:

Francisco Acevedo (312) 886–6061.

SUPPLEMENTARY INFORMATION:

I. Background

The USEPA first proposed to regulate

gasoline RVP in 1987 (52 FR 31274).

Reid vapor pressure is a measure of a

fuel’s volatility; the higher the RVP the

faster a fuel evaporates. Emissions of

Volatile Organic Compounds (VOC)

react with other pollutants, such as

oxides of nitrogen, to form ozone. Ozone

formation is most active during the

summer months because the chemical

reactions involved rely on direct

sunlight and high ambient temperatures.

Thus, regulations limiting fuel RVP are

designed to protect human health by

reducing ozone formation and human

exposure.

USEPA’s gasoline RVP proposal

resulted in a two-phased final regulation

which Congress incorporated into the

Clean Air Act (Act) in section 211(h).

Phase I of the regulation took effect in

1990 (54 FR 11868) for the years 1990

and 1991. The second phase of the

regulation became effective in 1992 (55

FR 23658). The rule divides the

continental United States into two

control regions, Class B and Class C.

Generally speaking, the Class B States

are the warmer southern and western

states, such as Missouri; and Class C

States are the cooler northern states,

such as Illinois. The Phase II regulation

limits the volatility of high ozone season

gasoline to 9.0 psi RVP for Class C areas

and limits Class B ozone nonattainment

areas to 7.8 psi RVP. Therefore, the

Missouri counties within the St. Louis

ozone nonattainment area are required

to meet the 7.8 psi RVP standard while

the Illinois counties have a 9.0 psi RVP

limit.

State governments are generally

preempted under section 211(c)(4)(A) of

the Act from requiring that any or all

areas in a State meet a volatility

standard more stringent than the federal

standard.1 However, under 211(c)(4)(C)

a State can require a more stringent

standard in its SIP if the more stringent

standard is necessary to achieve the

National Ambient Air Quality Standard

(NAAQS) that the SIP implements in a

particular nonattainment area. The State

can make this necessity showing by

providing evidence that no other

measures exist that would bring about

timely attainment, or that such

measures exist and are technically

possible to implement, but are

unreasonable or impracticable. If a State

makes this showing, it can lower the

volatility to whatever standard is

necessary in the nonattainment area(s).

II. State Submittal

Section 182(b)(1) of the Act requires

all moderate and above ozone

nonattainment areas to achieve a 15

percent reduction of 1990 emissions of

volatile organic material by 1996. The

Metro-East area is classified as

‘‘Moderate’’ nonattainment for ozone,

and as such is subject to the 15 percent

Rate of Progress (ROP) requirement.

The Illinois Environmental Protection

Agency (IEPA) developed and submitted

a plan to USEPA on November 22, 1994,

outlining the VOC emission control

measures that the State will implement

in order to satisfy the 15 percent ROP

requirements. USEPA is currently

reviewing the plan. One of the measures

identified in the Metro-East plan was an

RVP limit of 7.8 psi. The Metro-East

ozone nonattainment area includes

Madison, Monroe, and St. Clair

Counties. The 7.8 psi RVP level was

originally chosen to coincide with the

gasoline volatility requirement for the

adjacent St. Louis, Missouri area.

However, in December 1993, the

Missouri Department of Natural

Resources (DNR) proposed lowering the

St. Louis area gasoline RVP to 7.2 psi.

Therefore, in order to maintain

consistency within the area, IEPA

proposed a similar 7.2 psi RVP limit. On

April 22, 1994, IEPA filed the proposed

7.2 psi RVP rules with the Illinois

Pollution Control Board (Board). A

public hearing on the rules was held on

June 17, 1994, in Chicago, Illinois, and

on September 5, 1994, the Board

adopted a Final Opinion and Order for

the proposed amendments. The rules

became effective on September 21, 1994,

and they were published in the Illinois

State Register on October 7, 1994. The

IEPA formally submitted the RVP rule to

USEPA on October 25, 1994, as a

revision to the Illinois ozone SIP.

Illinois has reviewed all reasonable

control measures and calculated the

total reductions that it could achieve

through these measures. The 15 percent

ROP modeling has shown that limiting

the RVP of gasoline to 7.2 psi reduces

emissions in the Metro-East area by

approximately 8.5 tons per day or 26

percent of the total reduction needed in

the area to meet the 15 percent ROP

requirement and to attain the NAAQS

for ozone. Evaluation of the ROP

modeling has shown that the Metro-East

area will not be able to demonstrate

attainment without controls that achieve

this quantity of emission reduction.

Illinois has selected the RVP control

because there are no other reasonable

and practicable emission control

options available for the area capable of

achieving this level of emission

reduction. In determining whether other

control measures were unreasonable or

impracticable, Illinois considered such

factors as cost-effectiveness,

unpopularity with the public, need for

consistent RVP standards across the

greater metropolitan area, and the time

frame in which such reductions can be

achieved. (See February 9, 1995 TSD for

a more detailed discussion of this

analysis).

III. Analysis of Rule

The Illinois RVP rule amends 35 Ill.

Adm. Code Part 219 Subpart A and

Subpart Y. The RVP rule limits the

volatility of gasoline sold in Madison,

Monroe, and St. Clair Counties to 7.2 psi

RVP during the control period

beginning in 1995. The adopted control

period included in the rule is June 1 to

September 15 for retail outlets and

wholesale consumers, and May 1 to

September 15 for all others. The rule

grants a 1 psi waiver for ethanolblended gasolines that have an ethanol

content between 9 and 10 percent by

volume. In addition the Illinois RVP

rule requires all parties involved with

the marketing of gasoline to maintain

records indicating that the volatility of

each gasoline shipment is in compliance

with the 7.2 psi RVP standard. The

control period, ethanol blend waiver,

and recordkeeping requirements are all

consistent with the Act and USEPA’s

final RVP rule (CAA § 211(h); 40 CFR

80.27).

Gasoline sampling and testing to

assure compliance with the regulation

will be performed by the Illinois

Department of Agriculture. Sampling

will be performed in accordance with

the procedures described by USEPA in

its gasoline volatility regulations in 40

CFR 80 appendix D. Gasoline volatility

and ethanol content tests will be

performed following procedures

described by USEPA in 40 CFR 80

appendix E and appendix F,

respectively. Gasoline analysis results

will be forwarded to the IEPA for

compliance assurance and the

preparation of enforcement actions. The
Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Rules and Regulations 15235

Illinois Environmental Protection Act

(Illinois Act), section 42(a), states that

any person that violates any provision

of this Illinois Act or any regulation

adopted by the Board, or any permit or

term or condition thereof, or that

violates any determination or order of

the Board pursuant to this Act, shall be

liable to a civil penalty not to exceed

$50,000 for the violation and an

additional $10,000 for each day for

which the violation continues. In that

this submittal is a regulation adopted by

the Board, a violation of which subjects

the violator to penalties under section

42(a), the submittal contains sufficient

enforcement penalties for approval.

IV. Final Rulemaking Action

The USEPA approves the SIP revision

submitted by the State of Illinois. The

State of Illinois has submitted a SIP

revision that includes enforceable state

regulations which are consistent with

Federal requirements. The State has also

committed to perform enforcement

inspections on at least 20 percent of the

regulated stations during the first year of

enforcement. Substantial penalties that

will provide an adequate incentive for

the regulated industry to comply and

are no less than the expected cost of

compliance are included in current

Pollution Control Board Regulation.

USEPA is, therefore, approving this

submittal.

Procedural Background

Because USEPA considers this action

noncontroversial and routine, the

Agency is approving it without prior

proposal. The action will become

effective on May 22, 1995. However, if

the USEPA receives adverse comments

by April 24, 1995, then the USEPA will

publish a notice that withdraws the

action, and will address the comments

received in response to this direct final

rule in the final rule on the requested

SIP revision, which has been proposed

for approval in the proposed rules

section of this Federal Register. The

comment period will not be extended or

reopened.

This action has been classified as a

Table 2 action by the Regional

Administrator under the procedures

published in the Federal Register on

January 19, 1989 (54 FR 2214–2225), as

revised by an October 4, 1993,

memorandum from Michael H. Shapiro,

Acting Assistant Administrator for Air

and Radiation. The Office of

Management and Budget (OMB) has

exempted this regulatory action from

Executive Order 12866 review.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to any SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors and in relation to relevant

statutory and regulatory requirements.

Under the Regulatory Flexibility Act,

5 U.S.C. 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. 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-forprofit 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, 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

Act, preparation of a regulatory

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of State action. The Act

forbids USEPA to base its actions

concerning SIPs on such grounds.

Union Electric Co. v. U.S.

Environmental Protection Agency, 427

U.S. 246, 256–66 (S.Ct. 1976); 42 U.S.C.

7410(a)(2).

Under Section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by May 22, 1995.

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, Hydrocarbon,

Incorporation by reference, Ozone.

Dated: February 23, 1995.

Robert Springer,

Acting Regional Administrator.

For the reasons stated in the

preamble, 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)(109) to read as

follows:

§ 52.720 Identification of plan.

* * * * *

(c) * * *

(109) On October 25, 1994, Illinois

submitted a regulation that reduced the

maximum allowable volatility for

gasoline sold in the Metro-East St. Louis

ozone nonattainment area, which

includes Madison, Monroe, and St. Clair

Counties, to 7.2 psi during the summer

control period. The summer control

period is June 1 to September 15 for

retail outlets and wholesale consumers,

and May 1 to September 15 for all

others.

(i) Incorporation by reference. Illinois

Administrative Code Title 35:

Environmental Protection, Subtitle B:

Air Pollution, Chapter I: Pollution

Control Board, Subchapter c: Emissions

Standards and Limitations for

Stationary Sources, Part 219 Organic

Material Emission Standards and

Limitations for Metro East Area,

(A) Section 219.112 Incorporation by

Reference. Amended at 18 Ill. Reg.

14987. Effective September 21, 1994.

(B) Section 219.585 Gasoline

Volatility Standards. Amended at 18 Ill.

Reg. 14987. Effective September 21,

1994.

[FR Doc. 95–7108 Filed 3–22–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[OH45–1–5974a; FRL–5169–2]

Approval and Promulgation of

Implementation Plans; Ohio

AGENCY: United States Environmental

Protection Agency (USEPA).

ACTION: Direct final rule.

SUMMARY: The USEPA is approving

revisions to the Ohio State

Implementation Plan (SIP) adopted by

the Ohio Environmental Protection

Agency (OEPA) on March 15, 1993, and

December 30, 1994. The OEPA

submitted these revisions to the USEPA

on June 7, 1993, and February 17, 1995.

The revisions concern Ohio

Administrative Code (OAC) Chapter

3745–21, ‘‘Carbon Monoxide,

Photochemically Reactive Materials,