Approval and Promulgation of Implementation Plans; Illinois

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL153-1a; FRL-5685-1]

Approval and Promulgation of Implementation Plans; Illinois

AGENCY: U.S. Environmental Protection Agency (USEPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: On October 11, 1996, Illinois submitted a negative declaration

regarding the need for rules controlling air emissions from sources

classified as part of the ``Aerospace Manufacturing and Rework

Industry'' (AMRI) or ``Aerospace Coatings'' category in the Standard

Industrial Classification (SIC) Manual. This negative declaration

indicates that the State of Illinois has determined that there are no

major sources (sources with a potential to emit twenty-five or more

tons per year of volatile organic material (VOM)) in Illinois' ozone

nonattainment areas. In this action, USEPA is approving the State's

finding that no additional control measures are needed through a

``direct final'' rulemaking; the rationale for this approval is set

forth below. Elsewhere in this Federal Register, USEPA is proposing

approval and soliciting comment on this direct final action; if adverse

comments are received, USEPA will withdraw the direct final rulemaking

and address the comments received in a new final rule; otherwise, no

further rulemaking will occur on this requested negative declaration.

DATES: This action is effective April 14, 1997 unless adverse comments

not previously addressed by the State or USEPA are received by March

13, 1997. If the effective date of this action is delayed due to

adverse comments, timely notice will be published in the Federal

Register.

ADDRESSES: Written comments should be sent to: J. Elmer Bortzer, Chief,

Regulation Development Section, Air Programs Branch (AR-18J), U.S.

Environmental Protection Agency, 77

[[Page 6128]]

West Jackson Boulevard, Chicago, Illinois, 60604.

Copies of the Illinois submittal are available for public review

during normal business hours, between 8:00 a.m. and 4:30 p.m., at the

above address.

FOR FURTHER INFORMATION CONTACT: Randolph O. Cano, Regulation

Development Section, Air Programs Branch (AR-18J), U.S. Environmental

Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois, 60604.

Telephone: (312) 886-6036.

SUPPLEMENTARY INFORMATION:

I. Background

Section 183(b)(3) of the Clean Air Act requires the Administrator

of USEPA to issue a Control Technique Guideline (CTG) for controlling

VOM emissions from the Aerospace Coatings SIC category sources.

Illinois was required to adopt rules controlling VOM emissions from

sources in this SIC category with a potential to emit twenty-five or

more tons per year of VOM (major sources) and located in either of

Illinois' ozone nonattainment areas. The Chicago ozone nonattainment

area is comprised of Cook, DuPage, Kane, Lake, McHenry, Will Counties

and Aux Sable and Goose Lake Townships in Grundy County and Oswego

Township in Kendall County. The Metro-East ozone nonattainment area is

comprised of Madison, Monroe, and St. Clair Counties. Illinois reviewed

the data in its emissions inventory data base and determined that there

were no major sources in the aerospace coatings category located in

Illinois ozone nonattainment areas. Illinois also determined that

should such a major source exist it would be subject to regulation

under the provisions of the State non-CTG rules.

The USEPA has reviewed the documentation on which this Illinois

negative declaration is based. The USEPA agrees with the Illinois

finding that there are no major sources of VOM from aerospace coating

facilities located in Illinois' Chicago or Metro-East ozone

nonattainment areas.

II. Rulemaking Action

The USEPA approves the incorporation of Illinois' negative

declaration concerning aerospace coatings into the Illinois SIP for

ozone.

The USEPA is publishing this action without prior proposal because

USEPA views this as a noncontroversial revision and anticipates no

adverse comments. However, in a separate document in this Federal

Register publication, the USEPA is proposing to approve the SIP

revision should adverse or critical comments be filed. This action will

be effective on April 14, 1997 unless, by March 13, 1997, adverse or

critical comments are received.

If the USEPA receives such comments, this action will be withdrawn

before the effective date by publishing a subsequent rulemaking that

will withdraw the final action. All public comments received will be

addressed in a subsequent final rule based on this action serving as a

proposed rule. The USEPA will not institute a second comment period on

this action. Any parties interested in commenting on this action should

do so at this time. If no such comments are received, the public is

advised that this action will be effective on April 14, 1997.

Nothing in this action should be construed as permitting, allowing

or establishing a precedent for any future request for revision to any

SIP. Each request for revision to the SIP shall be considered

separately in light of specific technical, economic, and environmental

factors and in relation to relevant statutory and regulatory

requirements.

III. Administrative Requirements

A. Executive Order 12866

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995, memorandum from Mary D. Nichols, Assistant Administrator

for Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from Executive Order 12866 review.

B. Regulatory Flexibility

Under the Regulatory Flexibility Act, 5 U.S.C. section 600 et seq.,

USEPA must prepare a regulatory flexibility analysis assessing the

impact of any proposed or final rule on small entities. 5 U.S.C.

sections 603 and 604. Alternatively, USEPA may certify that the rule

will not have a significant impact on a substantial number of small

entities. Small entities include small businesses, small not-for-profit

enterprises, and government entities with jurisdiction over populations

of less than 50,000.

SIP approvals under section 110 and subchapter I, part D of the Act

do not create any new requirements, but simply approve requirements

that the State is already imposing. Therefore, because the Federal SIP

approval does not impose any new requirements, the Administrator

certifies that it does not have a significant impact on any small

entities affected. Moreover, due to the nature of the Federal-State

relationship under the Act, preparation of a flexibility analysis would

constitute Federal inquiry into the economic reasonableness of the

State action. The Clean Air Act forbids USEPA to base its actions

concerning SIPs on such grounds. Union Electric Co. v. EPA., 427 U.S.

246, 256-66 (1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

Under Section 202 of the Unfunded Mandates Reform Act of 1995,

signed into law on March 22, 1995, USEPA must undertake various actions

in association with any proposed or final rule that includes a Federal

mandate that may result in estimated costs to state, local, or tribal

governments in the aggregate; or to the private sector, of $100 million

or more. This Federal action affirms a State finding that additional

regulations covering aerospace coating sources are unnecessary because

no major sources of this type are located in the Illinois ozone

nonattainment areas. No new Federal requirements are imposed.

Accordingly, no additional costs to state, local, or tribal

governments, or the private sector, result from this action.

D. Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, USEPA submitted a report

containing this rule and other required information to the U.S. Senate,

the U.S. House of Representatives and the Comptroller General of the

General Accounting Office prior to publication of the rule in today's

Federal Register. This rule is not a major rule as defined by 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 April 14, 1997. Filing a petition for

reconsideration by the Administrator of this final rule does not affect

the finality of this rule for the purposes of judicial review nor does

it extend the time within which a petition for judicial review may be

filed, and shall not postpone the effectiveness of such rule or action.

This action may not be challenged later in proceedings to enforce its

requirements. (See Section 307(b)(2)).

[[Page 6129]]

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Ozone, Volatile organic compounds.

Dated: January 23, 1997.

Steve Rothblatt,

Acting Regional Administrator.

Part 52, chapter I, title 40 of the Code of Federal Regulations is

amended as follows:

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

Subpart O--Illinois

2. Section 52.726 is amended by adding paragraph (o) to read as

follows:

Sec. 52.726 Control strategy: Ozone.

* * * * *

(o) Negative declaration-- Aerospace manufacturing and rework

industry. On October 11, 1996, the State of Illinois certified to the

satisfaction of the United States Environmental Protection Agency that

no major sources categorized as part of the Aerospace Manufacturing and

Rework Industry are located in the Chicago, Illinois ozone

nonattainment area which is comprised of Cook, DuPage, Kane, Lake,

McHenry, Will Counties and Aux Sable and Goose Lake Townships in Grundy

County and Oswego Township in Kendall County or the Metro-East,

Illinois ozone nonattainment area which is comprised of Madison,

Monroe, and St. Clair Counties.

[FR Doc. 97-3252 Filed 2-10-97; 8:45 am]

BILLING CODE 6560-50-P