[Federal Register Volume 62, Number 246 (Tuesday, December 23, 1997)]
[Rules and Regulations]
[Pages 67000-67002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33322]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IL158a; FRL-5900-3]
Approval and Promulgation of Implementation Plans; Illinois
AGENCY: United States Environmental Protection Agency (USEPA).
ACTION: Direct final rule.
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SUMMARY: In this action, USEPA approves a State Implementation Plan
(SIP) revision, submitted by the State of Illinois on April 25, 1997,
for the general conformity rules. The general conformity SIP revision
enables the State of Illinois to implement the Federal general
conformity requirements in the nonattainment and maintenance areas at
the State level. General Conformity assures that Federal actions
conform to the State plan to attain and maintain the public health
based air quality standards. In this action, USEPA is approving the
Illinois General Conformity rules through a ``direct final''
rulemaking; the rationale for this ``direct final'' approval and other
information is set forth below.
DATES: This action is effective February 23, 1998 unless adverse
written comments are received by January 22, 1998. If the effective
date is delayed, timely notice will be published in the Federal
Register.
ADDRESSES: Comments may be mailed to: J. Elmer Bortzer, Chief,
Regulation Development Section, United States Environmental Protection
Agency, Region 5, Air and Radiation Division, Air Programs Branch (AR-
18J), 77 West Jackson Boulevard, Chicago, Illinois 60604.
Copies of the SIP revision are available for inspection at the
following address: (It is recommended that you telephone Patricia
Morris at (312) 353-8656 before visiting the Region 5 Office.)
United States Environmental Protection Agency, Region 5, Air and
Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604.
FOR FURTHER INFORMATION CONTACT: Patricia Morris, Regulation
Development Section (AR-18J), Air Programs Branch, Air and Radiation
Division, United States Environmental Protection Agency, Region 5, 77
West Jackson Boulevard, Chicago, Illinois 60604, Telephone Number (312)
353-8656.
SUPPLEMENTARY INFORMATION:
I. Background
Conformity provisions first appeared in the Clean Air Act (CAA)
amendments of 1977 (Public Law 95-95). Although these provisions did
not define the term conformity, they provided that no Federal
department could engage in, support in any way or provide financial
assistance for, license or permit, or approve any activity which did
not conform to a SIP that has been approved or promulgated for the
nonattainment areas.
The CAA Amendments of 1990 expanded the scope and content of the
conformity provisions by defining conformity to an implementation plan.
Conformity is defined in Section 176(c) of the CAA as conformity to the
SIP's purpose of eliminating or reducing the severity and number of
violations of the National Ambient Air Quality Standards and achieving
expeditious attainment of such standards, and that such activities will
not: (1) cause or contribute to any new violation of any standard in
any area, (2) increase the frequency or severity of any existing
violation of any standard in any area, or (3) delay timely attainment
of any standard or any required interim emission reductions or other
milestones in any area.
The CAA requires USEPA to promulgate criteria and procedures for
determining conformity of all other Federal actions in the
nonattainment or maintenance areas (actions other than those under
Title 23 U.S.C. or the Federal Transit Act) to a SIP. The criteria and
procedures developed for this purpose are called ``general conformity''
rules. The actions under Title 23 U.S.C. or the Federal Transit Act
(referred to as transportation conformity) will be addressed in a
separate Federal Register notice. The USEPA published the final general
conformity rules in the November 30, 1993, Federal Register and
codified them at 40 CFR part 51, subpart W--Determining Conformity of
General Federal Actions to State or Federal Implementation Plans. The
general conformity rules require the States and local air quality
agencies (where applicable) to adopt and submit a general conformity
SIP revision to the USEPA not later than November 30, 1994.
II. Evaluation of State Submittal
Pursuant to the requirements under Section 176(c)(4)(C) of the CAA,
as amended November 15, 1990, the Illinois Environmental Protection
Agency (IEPA) submitted a SIP revision to the USEPA on April 25, 1997.
The
[[Page 67001]]
submittal was found complete in a letter dated July 8, 1997. In its
submittal, the State adopted rules (35 Illinois Administrative Code
Part 255) which repeat verbatim the USEPA general conformity rule (40
CFR part 93, subpart B) with only minor clarifications. General
conformity is required for all areas which are designated nonattainment
or maintenance for any of the six National Ambient Air Quality Standard
(NAAQS) criteria pollutants (ozone, carbon monoxide, sulfur dioxide,
nitrogen dioxide, lead, and particulate matter).
The IEPA held a public hearing on the general conformity submittal
on October 25, 1996. Several comments were received on the rules and
responded to by the IEPA.
III. USEPA Action
The USEPA is approving the general conformity SIP revision for the
State of Illinois. The USEPA has evaluated this SIP revision and has
determined that the State has fully adopted regulations which meet the
provisions of the Federal general conformity rules in accordance with
40 CFR part 93, subpart B. The appropriate public participation and
comprehensive interagency consultations have been undertaken during
development and adoption of this rule by the IEPA.
The USEPA is publishing this action without prior proposal because
USEPA views this as a noncontroversial revision and anticipates no
adverse written comments. However, in a separate document in this
Federal Register publication, the USEPA is proposing to approve the SIP
revision should adverse or critical written comments be filed. This
action will be effective on February 23, 1998 unless, by January 22,
1998, adverse or critical written comments on the approval are
received.
If USEPA receives adverse written comments, the approval will be
withdrawn before the effective date by publishing a subsequent
rulemaking that will withdraw the final action. All public written
comments received will be addressed in a subsequent final rule based on
this action serving as a proposed rule. 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 the effective
date is delayed, timely notice will be published in the Federal
Register.
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.
IV. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget 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 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, 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 CAA, preparation of a flexibility analysis would
constitute Federal inquiry into the economic reasonableness of the
State action. The CAA 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 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 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 February 23, 1998. 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, General
conformity, Intergovernmental relations.
Dated: December 5, 1997.
Michelle D. Jordan,
Acting Regional Administrator, Region V.
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)(137) to read
as follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(137) Approval--On April 25, 1997, the Illinois Environmental
Protection Agency submitted a revision to the State Implementation Plan
for general conformity rules. The general conformity rules enable the
State of Illinois to implement the general conformity requirements in
the nonattainment or maintenance areas at the State or local level in
accordance with 40 CFR Part 93, Subpart B--Determining Conformity of
General
[[Page 67002]]
Federal Actions to State or Federal Implementation Plans.
(i) Incorporation by reference.
(A) Illinois Administrative Code, Title 35: Environmental
Protection, Subtitle B: Air Pollution, Chapter 2: Environmental
Protection Agency, Part 255 General Conformity: Criteria and
Procedures. Adopted at 21 Ill. Reg. effective March 6, 1997.
[FR Doc. 97-33322 Filed 12-22-97; 8:45 am]
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