[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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