[Federal Register Volume 61, Number 54 (Tuesday, March 19, 1996)]
[Rules and Regulations]
[Pages 11139-11142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6007]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IL124-1-6977a; FRL-5435-6]
Approval and Promulgation of State Implementation Plan; Illinois;
Clean-Fuel Fleet Program
AGENCY: Environmental Protection Agency (USEPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The USEPA is giving full approval through a direct final
action to a state implementation plan (SIP) revision submitted on
September 29, 1995, by the Illinois Environmental Protection Agency
(IEPA). IEPA submitted the SIP revision request to satisfy provisions
of the Clean Air Act, requiring certain states to establish Clean-Fuel
Fleet Programs. The rules submitted by Illinois that are being approved
today establish and require the implementation of a Clean-Fuel Fleet
Program (CFFP) in the Chicago ozone nonattainment area. The Chicago
ozone nonattainment area, which includes Cook, DuPage, Grundy (Aux
Sable and Goose Lake townships only), Kane, Kendall (Oswego township
only), Lake, McHenry, and Will counties, is required to attain the
National Ambient Air Quality Standards (NAAQS) as specified under the
Clean Air Act (CAA) by 2007. The implementation of this program is
expected to reduce motor vehicle volatile organic compound (VOC)
emissions, which contribute to the formation of urban smog in the
Chicago area, by nearly 3 tons per day starting in the year 2003. In
the proposed rules section of this Federal Register, USEPA is proposing
approval of the CFFP and SIP revision and solicits 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 is effective May 20, 1996 unless adverse
comments are received by April 18, 1996. If the effective date is
delayed, timely notice will be published in the Federal Register.
ADDRESSES: Copies of Illinois' CFFP 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 (AR-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 (AR-18J),
United States Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6061.
SUPPLEMENTARY INFORMATION:
I. Background
On November 15, 1990, Congress enacted amendments to the 1977 CAA,
codified at 42 U.S.C. 7401-7671q. The CFFP is contained under Part C,
entitled ``Clean Fuel Vehicles,'' of Title II of the Clean Air Act.
Part C was added to the CAA to establish two programs, a clean-fuel
vehicle pilot program in the state of California (the California Pilot
Test Program) and a federal CFFP in certain ozone and carbon monoxide
(CO) nonattainment areas.
The CFFP will introduce lower pollution emitting vehicles, ``clean-
fuel vehicles'' (CFVs), into centrally fueled fleets or fleets that are
determined to be capable of being centrally fueled by requiring covered
fleet operators to include a percentage of CFVs in their new fleet
purchases. The goal of the CFFP is to reduce emissions of non-methane
organic gasses (NMOG), oxides of nitrogen (NOX), and CO through
the introduction of CFVs into the covered areas. Both NMOG and NOx are
precursors of ozone and, in most areas, their reduction will reduce the
concentration of ozone in covered ozone nonattainment areas. Reductions
of vehicular CO emissions will reduce the concentration of CO in
covered CO nonattainment areas.
Congress chose centrally fueled fleets because operators of these
fleets have more control over obtaining fuel than the general public.
Additionally, the control that operators maintain over their fleets
simplifies maintenance and refueling of these vehicles. Finally,
because fleet vehicles typically travel more miles on an annual basis
than do non-fleet vehicles, they provide greater opportunity to improve
air quality on a per vehicle basis.
Section 182(c)(4) of the CAA allows states to opt-out of the CFFP
by submitting, for USEPA approval, a SIP revision consisting of a
substitute program resulting in as much or greater long term emission
reductions in ozone producing and toxic air emissions as the CFFP. The
USEPA may approve such a revision ``only if it consists exclusively of
provisions other than those required under the [CAA] for the area.''
II. Program Requirements
Unless a state chooses to opt-out of the CFFP under section
182(c)(4) of the CAA, section 246 of the CAA directs a state containing
covered areas to revise its SIP, within 42 months after enactment of
the CAA, to establish a CFFP. The CFFP shall require a specified
percentage of all newly acquired vehicles of covered fleets, beginning
with model year (MY) 1998 and thereafter, to be CFVs and such vehicles
shall use the fuel on which the vehicle was certified to be a CFV, when
operating in the covered area.
III. State Submittal
The state of Illinois did not choose to opt-out of the CFFP
pursuant to section 182(c)(4) of the CAA and, therefore, submitted a
SIP revision on September 29, 1995, to implement a CFFP. On October 16,
1995, USEPA determined that the state's SIP submittal for a CFFP was
complete.
IV. USEPA's Analysis of the State's Clean Fuel Fleet Program
USEPA has reviewed the state's submittal for consistency with the
requirements of USEPA regulations. A summary of USEPA's analysis is
provided below. More detailed support for approval of the state's
submittal is contained in a Technical Support Document (TSD), dated
February 12, 1996, which is available from the Region 5 Office, listed
above.
A. Covered Areas
The SIP revision needs to list those areas where the CFFP will be
implemented, as required by section 246(a)(2) of the CAA. In Illinois,
the applicable areas defined by section 246(a)(2) include Cook, DuPage,
Grundy (Aux Sable and Goose Lake townships only), Kane, Kendall (Oswego
township only), Lake, McHenry, and Will counties.
[[Page 11140]]
Section 241.102 of 35 Illinois Administrative Code 241 defines the
covered area to include Cook, DuPage, Grundy (Aux Sable and Goose Lake
townships only), Kane, Kendall (Oswego township only), Lake, McHenry,
and Will counties. These are the same counties as required by the CAA.
B. Definitions
Sections 241(1) to (7) of the CAA, and 40 CFR 88.302-94, define
specific terms that are to be used in the state regulations.
Section 241.102 contains definitions of the terms used by Illinois
in the CFFP rule. The revision's definitions are consistent with
section 241 (1) to (7) of the CAA as well as 40 CFR Part 88.302-94.
C. Covered Fleets
Section 241(5) of the CAA defines a ``covered fleet'' as 10 or more
motor vehicles that are owned or operated by a single person.
Section 241.102 of the Illinois rule identifies vehicles/fleets
that are included in Illinois' CFFP, and are consistent with section
241(5) of the CAA.
D. Vehicle Classes Covered
Sections 242 and 243 of the CAA and 40 CFR 88, define the vehicle
classes covered by the CFFP. Additionally, section 245(a) of the CAA
exempts from the CFV standards vehicles having a Gross Vehicle Weight
Rating (GVWR) of more than 26,000 pounds.
Section 241.102 defines the vehicle classes covered by the Illinois
CFFP. The classes of vehicles included in the Revision are identical to
those set forth in sections 242 and 243 of the CAA and 40 CFR 88,
including the 26,000 pound GVWR exemption.
E. Clean-Fuel Vehicles (CFVs)
Section 241(7) of the CAA defines a CFV to mean a vehicle in a
class or category of vehicles that has been certified to meet for any
model year the applicable CFV standards. 40 CFR 88 establishes three
categories of increasingly stringent CFV standards, which are referred
to as low-emission vehicle (LEV) standards, ultra low-emission vehicle
(ULEV) standards, and zero-emission vehicle (ZEV) standards. In
addition, a vehicle certified by the USEPA to meet the inherently low-
emission vehicle (ILEV) standard, found in 40 CFR 88.311-93, is also
considered a CFV.
Section 241.102 of the Illinois rule defines a CFV as a motor
vehicle in a class or category of motor vehicles (e.g., LDVs, LDTs, or
HDVs) which have been certified by USEPA to meet the clean fuel vehicle
standards applicable under the Illinois rule. The standards specified
in the rule are the same as those established in 40 CFR 88.
F. Percentage Requirements
Section 246(b) of the CAA establishes phase-in requirements for
covered fleets applicable to new vehicle acquisitions. Section 241.113
of the Illinois rule contains the CFV purchase requirements for the
Illinois' CFFP. The phase-in schedule in Illinois' rule is identical to
the schedule in the CAA.
G. Credit Program
Section 246(f) of the CAA and 40 CFR 88.304-94 require the state to
implement a credit program as part of the CFFP. Briefly, the Clean-Fuel
Fleet (CFF) credit program establishes a market-based mechanism that
allows fleet owners some flexibility in complying with the CFF purchase
requirement. Under these provisions, a credit program must provide that
fleet owners may meet the purchase requirements in any of several ways:
(1) by the purchase of more CFVs than the minimum required by a CFFP;
(2) by the purchase of CFVs which meet more stringent emission
standards than the minimum required by the CFFP; (3) by the purchase of
CFVs otherwise exempt from the CFFP; and (4) by the purchase of CFVs
before MY 1998.
The credits generated may be used by a covered fleet operator to
satisfy the purchase requirements of a CFFP or may be traded by one
covered fleet operator to another, provided the credits were generated
and used in, and both operators are located in, the same nonattainment
area. Certain restrictions on the trading of the credits between
classes must be observed. The credits do not depreciate with time and
are to be freely traded without interference by the state.
Section 241.130 establishes a credit program that provides credits
for operators who: (1) acquire more CFVs than the Illinois CFFP
requires in any year; (2) acquire CFVs which meet more stringent
emission standards than the minimum requirements; (3) acquire CFVs in
exempted vehicle categories; or (4) acquire CFVs prior to September 1,
1997. These eligibility requirements are consistent with section 246(f)
of the CAA, and 40 CFR 88.304-94.
Section 241. Appendix B of the Illinois rule includes Tables A, B,
C, D, E, and F, which set forth the amount of credit granted for the
various ways of meeting the purchasing requirements explained above.
These tables are identical to Tables C94-1, C94-1.2, C94-1.3, C94-4,
C94-4.2, C94-4.3 of 40 CFR Part 88, Subpart C.
The credit program established in this revision requires credits
for LDV and HDV to be kept separate. Trading of credits between LDV and
LDT is permitted. These limitations and restrictions are consistent
with those specified in section 246(f)(2) of the CAA.
H. Fuel Use
40 CFR 88.304-94(b)(3) requires that the fuel on which a dual fuel/
flexible fuel CFV was certified to be used at all times when the
vehicle is in the covered area.
Section 241.115(a) requires that any CFV acquired to meet the
acquisition requirements of the CFFP or to generate credits must be
operated, while in the covered area, on the fuel or power source, for
which it was certified by USEPA to meet applicable emission standards.
I. Fuel Availability
Section 246(e) of the CAA requires the SIP revision to require fuel
providers to make clean alternative fuel available to the covered
fleets at central locations.
Because of the wide availability of reformulated gasoline in the
Chicago nonattainment area, requirements on fuel providers to make
clean alternative fuels available to covered fleet operators at central
locations where technically and economically feasible is not considered
to be a critical component of the program.
J. Consultation
Section 246(a)(4) of the CAA requires that the SIP revision must be
developed in consultation with fleet operators, vehicle manufacturers,
fuel producers, distributors of motor vehicle fuel, and other
interested parties, taking into consideration operational range,
specialty uses, vehicle and fuel availability, costs, safety, resale
values, and other relevant factors.
The Illinois Environmental Protection Agency (IEPA) organized a
consultation workgroup, called the Clean-Fuel Fleet Workgroup. The
Workgroup met several times and included representatives from the
National Association of Fleet Administrators, Illinois Natural Gas
Vehicle Coalition, Ethanol Work Group, Sierra Club, American Lung
Association, Illinois Petroleum Council, American Automobile
Manufacturer's Association, USEPA, Illinois Department of Energy and
Natural Resources, and the Office of the Secretary of State. The group
took into
[[Page 11141]]
consideration the factors specified in section 246(a)(4) of the CAA.
K. Recordkeeping and Monitoring
No specific recordkeeping and monitoring requirements are found in
section 246 of the CAA or 40 CFR 88.304-94. However, there are a number
of questions which should be answered in order to determine the
adequacy of a CFFP. 60 Fed. Reg. 54305 (Oct. 23, 1995).
(1) Does the SIP revision provide a reasonable process for the
state to determine which fleets should report data to the state,
consistent with the state's approach to ``operated in the covered
area''?
(2) Is there a process for updating this list of potentially
covered fleet operators?
(3) Does the SIP revision include a process for the state agency to
receive at least the following data from fleet operators:
(a) Numbers, categories, and fueling patterns of vehicles in the
fleet?
(b) Numbers, engine family names, categories, and fueling patterns
of new acquisitions?
(c) Numbers, engine family names, categories, and fueling patterns
of CFV acquisitions?
(d) For dual-fuel/flexible-fuel vehicles, data on fuel usage
sufficient to demonstrate that the proper fuel was used when the
vehicle was operated in the covered area?
(4) Does the SIP revision describe how the data will be processed,
maintained, updated, and used to confirm compliance by fleets?
(5) Does the SIP revision provide for oversight of the data
acquisition process?
Section 241.112 requires the owner or operator of a fleet of 10 or
more covered fleet vehicles to register with the IEPA.
Section 241.112 also requires the registration to include certain
information. In addition, Section 241.140 requires covered fleet
operators to submit annual compliance plans to IEPA. General
information required in 3(a) to 3(d) above, as well as other
information, is included in these requirements. Section 241.141
establishes recordkeeping requirements for covered fleet owners or
operators to maintain a number of additional records and information.
The records required under this section shall be retained by the owner
or operator for at least three years and shall be made available
immediately to IEPA upon request. The information reported by the
covered fleet owners or operators, allows IEPA to monitor the
performance of the operators. IEPA will review the annual compliance
plans for approval or disapproval in keeping with the regulatory
requirements of the Illinois CFFP.
L. Enforcement
The state must be able to adequately enforce the requirements of
the regulations adopted for implementation of the CFFP. 60 Fed. Reg.
54305 (Oct. 23, 1995).
The Illinois Environmental Protection Act, Section 42(a), states
that any person that violates any provision of this Illinois
Environmental Protection Act or any regulation adopted by the IPCB, or
any permit or term or condition thereof, or that violates any
determination or order of the IPCB 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 IPCB, a violation
of which subjects the violator to penalties under section 42(a), the
submittal is then enforceable and thus satisfies the Federal
requirement.
M. Transportation Control Measure Exemptions
40 CFR 88.307-94(a) requires states to exempt any CFV, required by
law to participate in a CFFP, from temporal-based (e.g., time-of-day or
day-of-week) transportation control measures (TCM) existing for air
quality reasons as long as the exemption does not create a clear and
direct safety hazard. In the case of high occupancy vehicle (HOV)
lanes, this exemption only applies to CFVs that are certified to be
ILEVs pursuant to 40 CFR 88.313-93.
The Chicago ozone nonattainment area does not currently have any
temporal based TCM requirements.
N. Concluding Statement
The USEPA has reviewed the Illinois CFFP SIP revision submitted to
the USEPA as described above. The materials contained in the SIP
revision represent an acceptable approach to the CFFP requirements and
meet the criteria required for approvability.
V. Action
The USEPA approves Illinois' CFFP SIP submittal. With this action,
USEPA incorporates Illinois' CFFP SIP revision into the SIP, making it
federally enforceable.
Because USEPA considers this action noncontroversial and routine,
we are approving it without prior proposal. This action will become
effective on May 20, 1996. However, if we receive significant adverse
comments by April 18, 1996, USEPA will publish a document that modifies
or withdraws this action.
VI. Miscellaneous
A. Applicability to Future SIP Decisions
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to any
SIP. The USEPA shall consider each request for revision to the SIP in
light of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
B. 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 Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget has exempted
this regulatory action from Executive Order 12866 review.
C. 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.
This approval does not create any new requirements. Therefore, I
certify that this action 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 the regulatory
flexibility analysis would constitute federal inquiry into the economic
reasonableness of the 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 (1976).
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, the
USEPA must prepare a budgetary impact statement to accompany 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
[[Page 11142]]
private sector, of $100 million or more. Under Section 205, the USEPA
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 the USEPA to establish a
plan for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
The USEPA has determined that the approval action promulgated today
does not include a federal mandate. The mandate does not arise from
this approval action, but from the language of section 246 of the CAA.
This federal action approves pre-existing requirements under state
or local law, and imposes no new federal requirements. Accordingly, no
additional costs to state, local, or tribal governments, or the private
sector, result from this action.
D. 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 May 20, 1996. 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, Hydrocarbons,
Incorporation by reference, Ozone, Motor vehicle pollution, 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)(124) to read
as follows:
Sec. 52.720 Identification of plan.
* * * * *
(c ) * * *
(124) The state of Illinois requested a revision to the Illinois
State Implementation Plan (SIP). This revision is for the purpose of
establishing and implementing a Clean-Fuel Fleet Program in the Chicago
ozone nonattainment area, which includes Cook, DuPage, Grundy (Aux
Sable and Goose Lake townships only), Kane, Kendall (Oswego township
only), Lake, McHenry, and Will counties, to satisfy the federal
requirements for a Clean Fuel Fleet Program to be part of the SIP for
Illinois.
(i) Incorporation by reference.
(A) 35 Illinois Administrative Code 241; Sections 241.101, 241.102,
241.103, 241.104, 241.110, 241.111, 241.112, 241.113, 241.114, 241.115,
241.130, 241.131, 241.140, 241.141, 241.142, 241. Appendix A, 241.
Appendix B adopted in R95-12 at 19 Ill. Reg. 13265, effective September
11, 1995.
(ii) Other material.
(A) September 29, 1995 letter and attachments from the Illinois
Environmental Protection Agency's Bureau of Air Chief to the USEPA's
Regional Air and Radiation Division Director submitting Illinois'
revision to the ozone SIP.
[FR Doc. 96-6007 Filed 3-18-96; 8:45 am]
BILLING CODE 6560-50-P
