[Federal Register Volume 65, Number 1 (Monday, January 3, 2000)]
[Rules and Regulations]
[Pages 14-16]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33624]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IL177-1a; FRL-6506-3]
Approval and Promulgation of Implementation Plan; Illinois
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving an Illinois State Implementation Plan (SIP)
revision request affecting air permit rules, submitted on July 23,
1998. The submittal includes several ``clean up'' amendments to
existing permitting rules. These amendments group similar rules
together, and revise terms to be consistent with current vocabulary and
usage. The State is planning to withdraw the portion of the original
submittal that included rule amendments expanding the small source
operating permit rules to also include stationary sources that emit 25
tons or more per year of any air contaminants and that are not subject
to Title V or Federally Enforceable State Operating Permit (FESOP)
requirements. Therefore, we are taking no action today on that portion
of the submittal which is being withdrawn.
DATES: This rule is effective on March 3, 2000, unless EPA receives
adverse written comments by February 2, 2000. If adverse written
comment is received, EPA will publish a timely withdrawal of the rule
in the Federal Register and inform the public that the rule will not
take effect.
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 revision request for this rulemaking
action 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 Mark J. Palermo at (312) 886-6082 before visiting
the Region 5 Office).
FOR FURTHER INFORMATION CONTACT: Lauren Steele, Environmental Engineer,
at (312) 353-5069.
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,''
``us,'' or ``our'' are used, we mean EPA. The supplemental information
is organized in the following order:
I. What action is EPA proposing in this rulemaking?
II. The Clean Up amendments.
A. What are the Clean Up amendments to the Illinois permitting
rules?
B. How do the Clean Up amendments affect the SIP and are the
amendments approvable?
III. Where are the SIP revision rules codified?
IV. What public hearing opportunities were provided for this SIP
revision?
V. Final Rulemaking Action.
VI. Administrative Requirements.
A. Executive Order 12866
B. Executive Order 13132
C. Executive Order 13045
D. Executive Order 13084
E. Regulatory Flexibility Act
F. Unfunded Mandates
G. Submission to Congress and the Comptroller General
H. National Technology Transfer and Advancement Act
I. Petitions for Judicial Review
I. What Action Is EPA Proposing in This Rulemaking?
We are approving Illinois' July 23, 1998, request to amend sections
of their State Implementation Plan that deal with State air pollution
permits, for purposes of ``cleaning up'' the language. This will
provide consistency of word use, and easier readability of several
passages.
II. The Clean Up Amendments
A. What Are the Clean Up Amendments to the Illinois Permitting Rules?
The Clean Up amendments change certain terms used in the regulatory
language to update the text to current terminology used in State
statutes and regulations. The Clean Up amendments also consolidate the
provisions of several sections, and repeal duplicative sections and
text. Certain clarifications to rule requirements have also been added
to the permitting regulation. A more detailed description of the clean
up revisions has been provided in the TSD for this rulemaking.
B. How Do the Clean Up Amendments Affect the SIP and Are the Amendments
Approvable?
The Clean Up amendments make no substantive change to the
permitting regulations, and are intended only to simplify the
regulation text. Since the Clean Up amendments do not affect the
stringency of the SIP, the amendments are approvable.
III. Where are the Rules for this SIP Revision Codified?
The SIP Revision includes:
(1) Amendments to the following sections of Part 201, Subpart D:
Permit Applications and Review Process under 35 Ill. Adm. Code:
201.152 Contents of Application for Construction Permit,
201.157 Contents of Application for Operating Permit,
201.158 Incomplete Applications
201.159 Signatures
201.160 Standards of Issuance
201.162 Duration
201.163 Joint Construction and Operating Permits
201.164 Design Criteria
(2) Repeal of the following sections of subpart D:
201.153 Incomplete Applications
201.154 Signatures
201.155 Standards for Issuance
(3) Repeal of the entire Subpart E: Special Provisions for
Operating Permits
[[Page 15]]
for Certain Smaller Sources, specifically:
Section 201.180 Applicability
Section 201.181 Expiration and Renewal
Section 201.187 Requirements for a Revised Permit
(4) Amendments to the following section of Subpart F: CAAPP
Permits:
Section 201.207 Applicability
The rules were published in the Illinois Register on June 19, 1998
(22 Ill. Reg. 11451). The effective date of the rules is June 23, 1998.
IV. What Public Hearing Opportunities Were Provided for this SIP
Revision?
Public hearings were held on December 8, 1997, in Chicago, Illinois
and on January 12, 1998, in Springfield, Illinois.
V. Final Rulemaking Action
In this rulemaking action, we approve the July 23, 1998, SIP
revision which includes the Clean Up amendments to the permitting
rules.
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 written comments be filed. This action will be effective
without further notice unless EPA receives relevant adverse written
comment by February 2, 2000. Should the Agency receive such comments,
it will publish a withdrawal of the final rule informing the public
that this action will not take effect. 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 March 3, 2000.
VI. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 12866, entitled ``Regulatory
Planning and Review.''
B. Executive Order 13132
Federalism (64 FR 43255, August 10, 1999) revokes and replaces
Executive Order 12612 (Federalism) and Executive Order 12875 (Enhancing
the Intergovernmental Partnership). Executive Order 13132 requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications.'' ``Policies that have
federalism implications'' is defined in the Executive Order to include
regulations that have ``substantial direct effects on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government.'' Under Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. EPA also may not issue a regulation
that has federalism implications and that preempts State law unless the
Agency consults with State and local officials early in the process of
developing the proposed regulation.
This final rule will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132.
Thus, the requirements of section 6 of the Executive Order do not apply
to this rule.
C. Executive Order 13045
Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is
determined to be ``economically significant'' as defined under
Executive Order 12866, and (2) concerns an environmental health or
safety risk that EPA has reason to believe may have a disproportionate
effect on children. If the regulatory action meets both criteria, the
Agency must evaluate the environmental health or safety effects of the
planned rule on children, and explain why the planned regulation is
preferable to other potentially effective and reasonably feasible
alternatives considered by the Agency.
This rule is not subject to Executive Order 13045 because it does
not involve decisions intended to mitigate environmental health or
safety risks.
D. Executive Order 13084
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute, that significantly affects or uniquely affects
the communities of Indian tribal governments, and that imposes
substantial direct compliance costs on those communities, unless the
Federal government provides the funds necessary to pay the direct
compliance costs incurred by the tribal governments. If the mandate is
unfunded, EPA must provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation.
In addition, Executive Order 13084 requires EPA to develop an
effective process permitting elected and other representatives of
Indian tribal governments ``to provide meaningful and timely input in
the development of regulatory policies on matters that significantly or
uniquely affect their communities.'' Today's rule does not
significantly or uniquely affect the communities of Indian tribal
governments. Accordingly, the requirements of section 3(b) of Executive
Order 13084 do not apply to this rule.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions.
This final rule will not have a significant impact on a substantial
number of small entities because SIP approvals under section 110 and
subchapter I, part D of the Clean Air 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 create
any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
Moreover, due to the nature of the Federal-State relationship under
the Clean Air Act, preparation of flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co., v. U.S.
[[Page 16]]
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
F. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
annual costs to State, local, or tribal governments in the aggregate;
or to private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated annual costs of
$100 million or more to either State, local, or tribal governments in
the aggregate, or to the private sector. This Federal action approves
pre-existing requirements under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
G. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit 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 United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This rule is not a ``major'' rule as defined by 5 U.S.C.
804(2).
H. National Technology Transfer and Advancement Act
Section 12 of the National Technology Transfer and Advancement Act
(NTTAA) of 1995 requires Federal agencies to evaluate existing
technical standards when developing a new regulation. To comply with
NTTAA, EPA must consider and use ``voluntary consensus standards''
(VCS) if available and applicable when developing programs and policies
unless doing so would be inconsistent with applicable law or otherwise
impractical.
The EPA believes that VCS are inapplicable to this action. Today's
action does not require the public to perform activities conducive to
the use of VCS.
I. Petitions for Judicial Review
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 March 3, 2000. 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, Incorporation by
reference.
Dated: December 1, 1999.
Jo Lynn Traub,
Acting Regional Administrator, Region 5.
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 et seq.
Subpart O--Illinois
2. Section 52.720 is amended by adding paragraph (c)(151) to read
as follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(151) On July 23, 1998, the State of Illinois submitted a State
Implementation Plan (SIP) revision that included certain ``clean-up''
amendments to the State's permitting rules.
(i) Incorporation by reference.
Illinois Administrative Code, Title 35: Environmental Protection,
Subtitle B: Air Pollution, Chapter I: Pollution Control Board.
(A) Subchapter a: Permits and General Provisions, Part 201: Permits
and General Provisions.
(1) Subpart D: Permit Applications and Review Process, Section
201.152 Contents of Application for Construction Permit, 201.153
Incomplete Applications (Repealed), Section 201.154 Signatures
(Repealed), Section 201.155 Standards for Issuance (Repealed), Section
201.157 Contents of Application for Operating Permit, Section 201.158
Incomplete Applications, Section 201.159 Signatures, 201.160 Standards
for Issuance, Section 201.162 Duration, Section 201.163 Joint
Construction and Operating Permits, and Section 201.164 Design
Criteria. Amended at 22 Ill. Reg. 11451, effective June 23, 1998.
(2) Subpart E: Special Provisions for Operating Permits for Certain
Smaller Sources, Section 201.180 Applicability (Repealed), Section
201.181 Expiration and Renewal (Repealed), Section 201.187 Requirement
for a Revised Permit (Repealed), Repealed at 22 Ill. Reg. 11451,
effective June 23, 1998.
(3) Subpart F: CAAPP Permits, Section 201.207 Applicability,
Amended at 22 Ill. Reg. 11451, effective June 23, 1998.
[FR Doc. 99-33624 Filed 12-30-99; 8:45 am]
BILLING CODE 6560-50-P
