[Federal Register Volume 61, Number 69 (Tuesday, April 9, 1996)]
[Rules and Regulations]
[Pages 15715-15717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8435]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IL133-1-7125a; FRL-5434-9]
Approval and Promulgation of Air Quality Implementation Plans;
Illinois: Motor Vehicle Inspection and Maintenance
AGENCY: United States Environmental Protection Agency (USEPA).
ACTION: Direct final rule.
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SUMMARY: The USEPA is giving full approval through a direct final
action to a state implementation plan (SIP) revision submitted on June
26, 1995, by the Illinois Environmental Protection Agency (IEPA). This
revision is a formal submittal of the 1992 motor vehicle emission
inspection and maintenance (I/M) program enhancements developed and
implemented, in part, as a response to the 1989 Federal Implementation
Plan (FIP) agreement between Illinois and Wisconsin, and USEPA. The
volatile organic compound (VOC) emission reduction from these
improvements are creditable reduction toward achieving the 15 percent
Reasonable Further Progress requirements toward attainment of the
public health based ozone air quality standard. Illinois estimates that
these program improvements achieve 8.4 tons per day (TPD) VOC reduction
in the Chicago area and 0.2 TPD reduction in the East St. Louis area.
The Chicago and East St. Louis ozone nonattainment areas are
required to attain the National Ambient Air Quality Standards (NAAQS)
as specified under the Clean Air Act (Act) by 2007 and 1996
respectively. The implementation of these program enhancements in the
areas stated above, have contributed to the further reduction of
vehicle emissions which contribute to the formation of urban smog in
Illinois. In the proposed rules section of this Federal Register, USEPA
is proposing approval of this I/M program and SIP revision and solicits
public comments on the action. If adverse comments are received on this
direct final rule, USEPA will withdraw this final rule and address
these comments in a subsequent final rule based on the proposed rule.
DATES: This final rule will be effective on June 10, 1996 unless
adverse or critical comments are received by May 9, 1996. If the
effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Copies of Illinois' I/M SIP submittal, and other documents
pertinent to this direct final rule are available at the following
address: U.S. Environmental Protection Agency, Region 5, Air and
Radiation Division, Air Programs Branch, 77 West Jackson Boulevard,
Chicago, Illinois 60604.
Comments on this rule should be addressed to: J. Elmer Bortzer,
Chief, Regulation Development Section, Air Programs Branch (5AR-18J),
United States Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
FOR FURTHER INFORMATION CONTACT: Francisco J. Acevedo, Environmental
Engineer, Regulation Development Section, Air Programs Branch (5AR-
18J), United States Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6061. Anyone
wishing to come to Region 5 offices should first contact Francisco J.
Acevedo.
SUPPLEMENTARY INFORMATION:
I. Introduction
Pursuant to the requirements of the 1977 Clean Air Act, the
Illinois General Assembly adopted legislation and signed into law in
September 1984 the legal authority and funding mechanism for an I/M
program in the State of Illinois. The State of Illinois contracted with
Systems Control, Inc., to develop and operate a centralized network of
testing facilities in both the Chicago and East St. Louis ozone
nonattainment areas. The Illinois vehicle I/M program officially began
testing vehicles on May 1, 1986.
In 1989, Illinois, Wisconsin, and USEPA entered into a settlement
agreement concerning various matters relating to compliance with
certain provisions of the Clean Air Act (Wisconsin v. Reilly, Case No.
87-C-0395, E.D. Wis.). Among other things, the agreement required that
Illinois develop and implement enhancements to its I/M program which
would make it equivalent in performance to the enhanced I/M-anti-
tampering program described in USEPA's November 24, 1987 proposal on
its post-1987 Ozone and Carbon Monoxide Plan Revisions for Areas Not
Attaining the National Ambient Air Quality Standards, (52 FR 45044,
November 24, 1987). On October 30, 1989, Illinois submitted to USEPA a
preliminary design and implementation schedule of program enhancements
which would enable Illinois to meet the applicable standard. On October
4, 1990, USEPA gave final approval to Illinois' I/M program as part of
the State's 1982 ozone/CO SIP (55 FR 40658); however, USEPA noted at 55
FR 40660 that Illinois was continuing to work on necessary enhancements
to the I/M program and that USEPA would take action on these
enhancements at a future date.
On June 29, 1990, the General Assembly of the State of Illinois
adopted Public Act 86-1433, which consists of amendments to the
Illinois Vehicle Code, and the Illinois Motor Fuel Tax Law. These
amendments became law on September 12, 1990 when it was signed without
change by the Governor of the State. The legislation amended five
sections of the Illinois Vehicle Code (625 ILCS 5/13A-102, 13A-103,
14A-104, 15A-105, and 12A-106).
Based on the authority of the Illinois legislation, IEPA prepared
implementing procedural rules and published them for First Notice at
Volume 15, Issue #38, p. 13607 of the Illinois Register (September 20,
1991). The proposed rules subsequently became effective on June 15,
1992, and were published in the Illinois Register on June 26, 1992 at
Volume 16, Issue #26. These rules amended previous regulations on fleet
testing requirements, inspection procedures, sticker issuance
requirements, and requirements for low emission tuneups, and added a
new section for tamper check procedures.
II. Background
On June 26, 1995, IEPA submitted to USEPA a SIP revision containing
I/M enhancements implemented in the Illinois program between January 1,
1991 through December 31, 1992. The Illinois submittal seeks USEPA
approval of the 1992 program enhancements. The State is taking emission
reduction credits acquired from these enhancements for purposes of
meeting requirements related to the 15% Reasonable Further Progress
Plan for the Chicago and East St. Louis ozone nonattainment areas. In
addition, IEPA believes that all material submitted in
[[Page 15716]]
the Illinois SIP has undergone an appropriate level of public review
during the legislative and rulemaking processes and that all applicable
state and federal public hearing requirements for this SIP submittal
have been met.
III. EPA's Analysis of the Illinois 1992 Enhancements
The Illinois ozone SIP revision submitted to USEPA on June 26,
1995, contains the legal authority to implement the 1992 enhancements
to the Illinois I/M program. The legal authority to implement such
enhancements was submitted in the form of State legislative authority
approved on September 12, 1990 by Illinois Governor Edgar. In addition,
the state also prepared implementing procedural rules based on the
legislative authority and submitted such rules as part of this SIP.
Such rules were published in the Illinois Register on June 26, 1992 at
Volume 16, Issue #26.
The Illinois legislation established a ``hybrid'' test frequency
schedule which incorporated a three-year new vehicle exemption period,
a biennial frequency for three to seven year old vehicles, and annual
testing for eight year and older vehicles. In addition, the legislation
contained the authority to incorporate a three element anti-tampering
inspection into the inspection requirement for 1975 and later model
year vehicles beginning on July 1, 1991. Finally, the legislation
established the geographic expansion of the inspection area into
previously exempt portions of DuPage County; most of the previously
exempt portions of Lake county; and into portions of Kane and Will
Counties starting on January 1, 1992. In addition to the above
requirements, the legislation also included other minor provisions
affecting the I/M program including the ability for fleets of 15 or
more vehicles, which are subject to the inspection, to establish and
operate a Private Official Inspection Station. After review of the
Illinois I/M legislation and submittal USEPA finds the above provisions
approvable.
The procedural rules submitted along with the legislation in the
Illinois SIP includes two new sections and fifteen amended sections to
Part 276 of the Illinois Administrative Code Title 35. The procedural
rules include the tamper check procedures to be followed when
performing the tamper check as part of the emission inspection. The
rules prohibit the testing of any vehicle with apparent fuel or oil
leaks, as well as any vehicle missing tail pipe sections which prevent
the ability to test the vehicle properly. The tamper check consists of
the visual inspection of the catalytic converter in addition to a fuel
cap inspection and the fuel inlet restrictor inspection. In addition,
the rules prohibit vehicles from receiving a waiver or passing the
emission test unless the vehicle successfully passes the tamper check.
Other provisions in the rule includes a revision to the program's
procedures with regard to initial and corrected emission inspection
stickers; a revision to the program's fleet inspection station
operation requirements. The provision submitted in the Illinois SIP
were fully implemented by January 1, 1992 and are acceptable to USEPA.
IV. Comments and Approval Procedure
The USEPA is publishing this action without prior proposal because
the agency views this as a noncontroversial amendment and anticipates
no adverse public 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 June 10, 1996 unless, by May 9, 1996, adverse or
critical comments are received. If USEPA receives such comments, this
action will be withdrawn before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be discussed in a subsequent final rule
based on the separate proposed rule. The USEPA will not institute a
second comment period for 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 June 10, 1996.
Final Action
USEPA is approving this revision to the Illinois SIP for the 1992
enhancements to Illinois' vehicle I/M program. The Agency has reviewed
this request for revision of the Federally-approved SIP for conformance
with the provisions of the 1990 Amendments enacted on November 15,
1990. The Agency has determined that this action conforms with those
requirements. Under section 307(b)(1) of the Act, 42 U.S.C. 7607
(b)(1), petitions for judicial review of this action must be filed in
the United States Court of Appeals for the appropriate circuit by
August 1, 1995. Filing a petition for reconsideration by the
Administrator of this final rule does not affect the finality of this
rule for 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) of the Act, 42 U.S.C. 7607 (b)(2).) The Office of
Management and Budget has exempted this rule from the requirements of
section 6 of Executive Order 12866.
Precedental Effect
Nothing in this action shall be construed as permitting or allowing
or establishing a precedent for any future request for a revision to
any state 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.
Regulatory Flexibility
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-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000. SIP approvals under 110 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 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. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976);
42 U.S.C. 7410(a)(2) and 7410(k)(3). [Page 28726]
Unfunded Mandates
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, USEPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector, or to
State, or tribal governments in the aggregate. To the extent that the
[[Page 15717]]
rules being approved by this action will impose any enforceable duty
upon the State, local, or tribal governments, or upon the private
sector, USEPA's action will impose no new requirements; such sources
are already subject to these regulations under State law. Accordingly,
no additional costs to State, local, or tribal governments, or to the
private sector, result from this action. For these reasons, USEPA has
determined that this final action does not include a Federal mandate.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Ozone, Reporting and
recordkeeping requirements.
Dated: February 15, 1996.
David A. Ullrich,
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 52.720 is amended by adding paragraph (c)(122) to read
as follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(122) On June 26, 1995, the Illinois Environmental Protection
Agency (IEPA) submitted a State Implementation Plan (SIP) revision
containing the 1992 enhancements to the Illinois vehicle inspection and
maintenance (I/M) program. Such enhancements were originally developed
to meet the I/M performance standard as called for in the United States
Environmental Protection Agency's (USEPA's) proposed `post-1987' I/M
SIP policy and specified in the settlement agreement entered into by
the parties in Wisconsin v. Reilly, Case No. 87-C-0395, E.D. Wis. The
submittal includes authorizing legislation P.A. 86-1433, signed into
law on September 12, 1990 and procedural rules published in the
Illinois Register on June 26, 1992 at Volume 16, Issue #16.
(i) Incorporation by reference.
(A) 35 Illinois Administrative Code 276; Sections 276.101, 276.102,
276.204, 276.206, 276.301, 276.303, 276.304, 276.307, 276.308, 276.309,
276.310, 276.311, 276.401, 276.402, 276.701, 276.702, and 276.703
amended or added at 16 Ill. Reg. 10230, effective June 15, 1992.
(ii) Other material.
(A) Public Act 86-1433 adopted by the Illinois General Assembly on
June 29, 1990, signed into law by Governor Edgar on September 12, 1990
effective September 12, 1990 (Sections 2,3, and 4) and January 1, 1991
(Section 1). (B) June 26, 1995 letter and attachments from the IEPA's
Bureau of Air Chief to the USEPA's Regional Air and Radiation Division
Director submitting Illinois' revision to the ozone SIP.
* * * * *
[FR Doc. 96-8435 Filed 4-8-96; 8:45 am]
BILLING CODE 6560-50-P
