[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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] BILLING CODE 6560-50-P