[Federal Register Volume 65, Number 33 (Thursday, February 17, 2000)]
[Rules and Regulations]
[Pages 8064-8066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3674]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL171-1a; FRL-6536-1]


Approval and Promulgation of Implementation Plans; Illinois

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Direct final rule.

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SUMMARY: The USEPA is approving the incorporation of revised air 
pollution permitting and emissions standards rules into the Illinois 
State Implementation Plan (SIP). The State submitted this request for 
revision to its State Implementation Plan to USEPA on February 5, 1998. 
This approval makes the State's rule federally enforceable.

DATES: This rule is effective on April 17, 2000, unless USEPA receives 
adverse written comments by March 20, 2000. If USEPA receives adverse 
comment, we will publish a timely withdrawal of the rule in the Federal 
Register and inform the public that the rule will not take effect.

ADDRESSES: You should send written comments 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 plan and USEPA's analysis are available for 
inspection at the U.S. Environmental Protection Agency, Region 5, Air 
and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 
60604. (Please telephone John Kelly at (312) 886-4882 before visiting 
the Region 5 Office.)
    Copies of the plan are also available for inspection at the 
Illinois Environmental Protection Agency, Division of Air Pollution 
Control, 1021 North Grand Avenue East, Springfield, Illinois 62707-
60015.

FOR FURTHER INFORMATION CONTACT: John Kelly, Environmental Scientist, 
Permits and Grants Section (IL/IN/OH), Air Programs Branch (AR-18J), 
USEPA, Region 5, Chicago, Illinois 60604, (312) 886-4882.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' or 
``our'' are used to mean USEPA.

Table of Contents

I. Questions and Answers

A. What action is USEPA taking?
B. Why is USEPA taking this action?
C. How do these rule changes affect current Federal requirements?
D. Why has the State made these regulatory changes?
E. What types of emission units are affected by these changes?
F. How will USEPA's approval of revised permit exemptions affect air 
quality?
G. How can I receive additional information about these actions?
H. Does this SIP revision contain any other changes?
I. What is a direct final rule?

II. Administrative Requirements

A. Executive Order 12866
B. Executive Order 13045
C. Executive Order 13084
D. Executive Order 13132
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. Questions and Answers

A. What Action Is USEPA Taking?

    We are approving two revisions to the Illinois State Implementation 
Plan which the State of Illinois requested. Specifically, we are 
approving the incorporation of revisions to Title 35 of the Illinois 
Administrative Code (35 IAC) 201.146, Exemptions from State Permit 
Requirements into the Illinois State Implementation Plan. These 
revisions clarify, modify and add to the list of emission units and 
activities which are exempt from State permitting requirements.
    The revised section now takes into consideration the listing of 
insignificant activities in 35 IAC 201.210, Categories of Insignificant 
Activities or Emission Levels. The revision adds some emission units 
and activities to the list of those that are exempt from certain State 
permitting requirements, and clarifies that other State permitting 
requirements may apply. For example, if a new emission unit is subject 
to Federal New Source Performance Standards, then it will need a State 
construction permit.

B. Why Is USEPA Taking This Action?

    We are acting on a February 5, 1998, request from the Illinois EPA 
to revise the Illinois State Implementation Plan.

C. How Do These Rule Changes Affect Current Federal Requirements?

    State construction or operating permits are no longer required for 
58 categories of emission units and activities listed in 35 IAC 
201.146, Exemptions from State Permit Requirements. Prior to this rule 
revision there were 24 categories qualifying for exemption. These rule 
changes do not affect permitting under major New Source Review or 
Federal operating permits under Title V of the Clean Air Act.

D. Why Has the State Made These Regulatory Changes?

    The State has made these changes primarily to remove the 
requirement to obtain a State construction and operating permit for 
emission units with very low emissions and where the permit would serve 
no real environmental or informational need.
    Many of these emission units have been deemed insignificant under 
Illinois' Clean Air Act Permit Program (CAAPP) as specified in 35 IAC 
201.210 and, therefore, warrant consideration for exemption from State 
permitting requirements. However, the emission unit categories listed 
as insignificant in 35 IAC 201.210 are not automatically exempted in 
201.146, because Illinois does not believe that all of the activities 
listed as insignificant under the CAAPP merit exemption from State 
permit requirements. Illinois' rationale is that Illinois EPA retains 
some discretion under the CAAPP to determine if a specific emission 
unit qualifies as insignificant. This discretion is appropriate under 
the CAAPP, as it applies to sources that are required to submit an 
application for a State construction and operating permit. The CAAPP 
permit application process allows Illinois EPA the opportunity to 
evaluate proposed insignificant emission units at a source. However, if 
an emission unit or activity qualifies for exemption from State 
permitting requirements under 35 IAC 201.146, no State construction and 
operating permit application is required and Illinois EPA therefore has 
no opportunity to evaluate the emission unit.
    Certain amendments to section 201.146 clarify the types of 
activities or emission units that are covered by an exemption category. 
In several instances, the amendments modify an existing exemption 
category so that emission units subject to certain requirements to 
control emissions will require permits. Illinois believes that 
permitting for these activities is appropriate to assure compliance 
with these control requirements. Other revisions reflect current 
terminology. For example, changing the term ``emission source'' to 
``emission unit'' removes potential confusion that can arise, since 
``source'' can also be used to describe an entire site or facility.

[[Page 8065]]

E. What Types of Emission Units Are Affected by These Changes?

    This SIP revision affects all emission units and activities subject 
to State permitting requirements pursuant to section 39 of the Illinois 
Environmental Protection Act (Illinois Act) and 35 IAC 201.142, 
201.143, 201.144. For State operating permits, emission units only 
qualify for exemption if the units are located at a source that is not 
subject to the CAAPP pursuant to section 39.5 of the Illinois Act. For 
construction permits the exemption also includes emission units at a 
source subject to the CAAPP.

F. How Will USEPA's Approval of Revised Permit Exemptions Affect Air 
Quality?

    Control requirements are independent of whether or not a source 
must have an operating permit. Other Federal and State regulations are 
not impeded by these revisions. USEPA does not anticipate that this 
action will adversely affect air quality.

G. How Can I Receive Additional Information About These Actions?

    Contact the Illinois EPA or the USEPA at the addresses listed in 
the ADDRESSES and FOR FURTHER INFORMATION CONTACT sections located near 
the beginning of this rule.

H. Does This SIP Revision Contain Any Other Changes?

    Yes, the State of Illinois has requested federal approval of the 
addition of Section 211.2285 Feed Mill to 35 IAC, Part 211 Definitions 
and General Provisions, Subpart B: Definitions.

I. What Is a Direct Final Rule?

    We are publishing this action without prior proposal because we 
view this as a noncontroversial revision and anticipate no adverse 
comments. However, in a separate document in this Federal Register 
publication, we are publishing a proposal to approve the State Plan. 
This direct final action will be effective without further notice 
unless we receive relevant adverse written comments on the proposed 
approval by March 20, 2000. Should we receive such comments, we will 
publish a final rule informing the public that this direct final action 
will not take effect. We subsequently will publish a final rule 
addressing all comments received on the proposal. Therefore, any 
parties interested in commenting on this action should do so at this 
time. We do not anticipate providing an additional comment period for 
this rule. If we do not receive comments at this time, this direct 
final action will be effective on April 17, 2000.

II. 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 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.

C. 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, or EPA consults 
with those governments. If EPA complies by consulting, Executive Order 
13084 requires EPA to 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 officials 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. This action does not involve 
or impose any requirements that affect Indian Tribes. Accordingly, the 
requirements of section 3(b) of Executive Order 13084 do not apply to 
this rule.

D. Executive Order 13132

    Federalism (64 FR 43255, August 10, 1999) revokes and replaces 
Executive Orders 12612 (Federalism) and 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 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, because it 
merely approves a state rule implementing a federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. Thus, the 
requirements of section 6 of the Executive Order 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

[[Page 8066]]

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 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. EPA, 427 U.S. 246, 255-66 (1976); 
42 U.S.C. 7410(a)(2).

F. Unfunded Mandates

    Under sections 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 
costs to State, local, or tribal governments in the aggregate; or to 
the 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 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 action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective April 17, 2000 unless EPA receives 
adverse written comments by March 20, 2000.

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 April 17, 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, Administrative practice and procedure, 
Air pollution control, Hydrocarbons, Incorporation by reference, 
Intergovernmental relations, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: February 4, 2000.
Francis X. Lyons,
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)(152) to read 
as follows:


Sec. 52.720  Identification of plan.

* * * * *
    (c) * * *
    (152) On February 5, 1998, the Illinois Environmental Protection 
Agency submitted a requested revision to the Illinois State 
Implementation Plan. This revision provided additional exemptions from 
State of Illinois permit requirements codified by the State at Part 201 
of Title 35 of the Illinois Administrative Code (35 IAC Part 201). The 
revision also added a definition of ``Feed Mill'' to Part 211 of 35 IAC 
(35 IAC Part 211).
    (i) Incorporation by reference.
    Illinois Administrative Code, Title 35: Environmental Protection, 
Subtitle B: Air Pollution, Chapter I: Pollution Control Board, 
Subchapter C: Emission Standards and Limitations for Stationary 
Sources.
    (A) Part 211 Definitions and General Provisions, Subpart B: 
Definitions, Section 211.2285 Feed Mill. Added at 21 Ill. Reg. 7856, 
effective June 17, 1997.
    (B) Part 201 Permits and General Conditions, Subpart C: 
Prohibitions, Section 201.146 Exemptions from State Permit 
Requirements. Amended at 21 Ill. Reg. 7878, effective June 17, 1997.

[FR Doc. 00-3674 Filed 2-16-00; 8:45 am]
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