[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of the submittal which is being withdrawn.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]
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