Approval and Promulgation of Air Quality Implementation Plans; Illinois: Motor Vehicle Inspection and Maintenance

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL133-1-7125a; FRL-5434-9]

Approval and Promulgation of Air Quality Implementation Plans;

Illinois: Motor Vehicle Inspection and Maintenance

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Direct final rule.

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SUMMARY: The USEPA is giving full approval through a direct final

action to a state implementation plan (SIP) revision submitted on June

26, 1995, by the Illinois Environmental Protection Agency (IEPA). This

revision is a formal submittal of the 1992 motor vehicle emission

inspection and maintenance (I/M) program enhancements developed and

implemented, in part, as a response to the 1989 Federal Implementation

Plan (FIP) agreement between Illinois and Wisconsin, and USEPA. The

volatile organic compound (VOC) emission reduction from these

improvements are creditable reduction toward achieving the 15 percent

Reasonable Further Progress requirements toward attainment of the

public health based ozone air quality standard. Illinois estimates that

these program improvements achieve 8.4 tons per day (TPD) VOC reduction

in the Chicago area and 0.2 TPD reduction in the East St. Louis area.

The Chicago and East St. Louis ozone nonattainment areas are

required to attain the National Ambient Air Quality Standards (NAAQS)

as specified under the Clean Air Act (Act) by 2007 and 1996

respectively. The implementation of these program enhancements in the

areas stated above, have contributed to the further reduction of

vehicle emissions which contribute to the formation of urban smog in

Illinois. In the proposed rules section of this Federal Register, USEPA

is proposing approval of this I/M program and SIP revision and solicits

public 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 will be effective on June 10, 1996 unless

adverse or critical comments are received by May 9, 1996. If the

effective date is delayed, timely notice will be published in the

Federal Register.

ADDRESSES: Copies of Illinois' I/M 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 (5AR-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 (5AR-

18J), United States Environmental Protection Agency, Region 5, 77 West

Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6061. Anyone

wishing to come to Region 5 offices should first contact Francisco J.

Acevedo.

SUPPLEMENTARY INFORMATION:

I. Introduction

Pursuant to the requirements of the 1977 Clean Air Act, the

Illinois General Assembly adopted legislation and signed into law in

September 1984 the legal authority and funding mechanism for an I/M

program in the State of Illinois. The State of Illinois contracted with

Systems Control, Inc., to develop and operate a centralized network of

testing facilities in both the Chicago and East St. Louis ozone

nonattainment areas. The Illinois vehicle I/M program officially began

testing vehicles on May 1, 1986.

In 1989, Illinois, Wisconsin, and USEPA entered into a settlement

agreement concerning various matters relating to compliance with

certain provisions of the Clean Air Act (Wisconsin v. Reilly, Case No.

87-C-0395, E.D. Wis.). Among other things, the agreement required that

Illinois develop and implement enhancements to its I/M program which

would make it equivalent in performance to the enhanced I/M-anti-

tampering program described in USEPA's November 24, 1987 proposal on

its post-1987 Ozone and Carbon Monoxide Plan Revisions for Areas Not

Attaining the National Ambient Air Quality Standards, (52 FR 45044,

November 24, 1987). On October 30, 1989, Illinois submitted to USEPA a

preliminary design and implementation schedule of program enhancements

which would enable Illinois to meet the applicable standard. On October

4, 1990, USEPA gave final approval to Illinois' I/M program as part of

the State's 1982 ozone/CO SIP (55 FR 40658); however, USEPA noted at 55

FR 40660 that Illinois was continuing to work on necessary enhancements

to the I/M program and that USEPA would take action on these

enhancements at a future date.

On June 29, 1990, the General Assembly of the State of Illinois

adopted Public Act 86-1433, which consists of amendments to the

Illinois Vehicle Code, and the Illinois Motor Fuel Tax Law. These

amendments became law on September 12, 1990 when it was signed without

change by the Governor of the State. The legislation amended five

sections of the Illinois Vehicle Code (625 ILCS 5/13A-102, 13A-103,

14A-104, 15A-105, and 12A-106).

Based on the authority of the Illinois legislation, IEPA prepared

implementing procedural rules and published them for First Notice at

Volume 15, Issue #38, p. 13607 of the Illinois Register (September 20,

1991). The proposed rules subsequently became effective on June 15,

1992, and were published in the Illinois Register on June 26, 1992 at

Volume 16, Issue #26. These rules amended previous regulations on fleet

testing requirements, inspection procedures, sticker issuance

requirements, and requirements for low emission tuneups, and added a

new section for tamper check procedures.

II. Background

On June 26, 1995, IEPA submitted to USEPA a SIP revision containing

I/M enhancements implemented in the Illinois program between January 1,

1991 through December 31, 1992. The Illinois submittal seeks USEPA

approval of the 1992 program enhancements. The State is taking emission

reduction credits acquired from these enhancements for purposes of

meeting requirements related to the 15% Reasonable Further Progress

Plan for the Chicago and East St. Louis ozone nonattainment areas. In

addition, IEPA believes that all material submitted in

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the Illinois SIP has undergone an appropriate level of public review

during the legislative and rulemaking processes and that all applicable

state and federal public hearing requirements for this SIP submittal

have been met.

III. EPA's Analysis of the Illinois 1992 Enhancements

The Illinois ozone SIP revision submitted to USEPA on June 26,

1995, contains the legal authority to implement the 1992 enhancements

to the Illinois I/M program. The legal authority to implement such

enhancements was submitted in the form of State legislative authority

approved on September 12, 1990 by Illinois Governor Edgar. In addition,

the state also prepared implementing procedural rules based on the

legislative authority and submitted such rules as part of this SIP.

Such rules were published in the Illinois Register on June 26, 1992 at

Volume 16, Issue #26.

The Illinois legislation established a ``hybrid'' test frequency

schedule which incorporated a three-year new vehicle exemption period,

a biennial frequency for three to seven year old vehicles, and annual

testing for eight year and older vehicles. In addition, the legislation

contained the authority to incorporate a three element anti-tampering

inspection into the inspection requirement for 1975 and later model

year vehicles beginning on July 1, 1991. Finally, the legislation

established the geographic expansion of the inspection area into

previously exempt portions of DuPage County; most of the previously

exempt portions of Lake county; and into portions of Kane and Will

Counties starting on January 1, 1992. In addition to the above

requirements, the legislation also included other minor provisions

affecting the I/M program including the ability for fleets of 15 or

more vehicles, which are subject to the inspection, to establish and

operate a Private Official Inspection Station. After review of the

Illinois I/M legislation and submittal USEPA finds the above provisions

approvable.

The procedural rules submitted along with the legislation in the

Illinois SIP includes two new sections and fifteen amended sections to

Part 276 of the Illinois Administrative Code Title 35. The procedural

rules include the tamper check procedures to be followed when

performing the tamper check as part of the emission inspection. The

rules prohibit the testing of any vehicle with apparent fuel or oil

leaks, as well as any vehicle missing tail pipe sections which prevent

the ability to test the vehicle properly. The tamper check consists of

the visual inspection of the catalytic converter in addition to a fuel

cap inspection and the fuel inlet restrictor inspection. In addition,

the rules prohibit vehicles from receiving a waiver or passing the

emission test unless the vehicle successfully passes the tamper check.

Other provisions in the rule includes a revision to the program's

procedures with regard to initial and corrected emission inspection

stickers; a revision to the program's fleet inspection station

operation requirements. The provision submitted in the Illinois SIP

were fully implemented by January 1, 1992 and are acceptable to USEPA.

IV. Comments and Approval Procedure

The USEPA is publishing this action without prior proposal because

the agency views this as a noncontroversial amendment and anticipates

no adverse public comments. However, in a separate document in this

Federal Register publication, the USEPA is proposing to approve the SIP

revision should adverse or critical comments be filed. This action will

be effective on June 10, 1996 unless, by May 9, 1996, adverse or

critical comments are received. If USEPA receives such comments, this

action will be withdrawn before the effective date by publishing a

subsequent document that will withdraw the final action. All public

comments received will then be discussed in a subsequent final rule

based on the separate proposed rule. The USEPA will not institute a

second comment period for this action. 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 June 10, 1996.

Final Action

USEPA is approving this revision to the Illinois SIP for the 1992

enhancements to Illinois' vehicle I/M program. The Agency has reviewed

this request for revision of the Federally-approved SIP for conformance

with the provisions of the 1990 Amendments enacted on November 15,

1990. The Agency has determined that this action conforms with those

requirements. Under section 307(b)(1) of the Act, 42 U.S.C. 7607

(b)(1), petitions for judicial review of this action must be filed in

the United States Court of Appeals for the appropriate circuit by

August 1, 1995. Filing a petition for reconsideration by the

Administrator of this final rule does not affect the finality of this

rule for 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) of the Act, 42 U.S.C. 7607 (b)(2).) The Office of

Management and Budget has exempted this rule from the requirements of

section 6 of Executive Order 12866.

Precedental Effect

Nothing in this action shall be construed as permitting or allowing

or establishing a precedent for any future request for a revision to

any state implementation plan. Each request for revision to the state

implementation plan shall be considered separately in light of specific

technical, economic, and environmental factors and in relation to

relevant statutory and regulatory requirements.

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. SIP approvals under 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, I certify 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 Act,

preparation of a regulatory flexibility analysis would constitute

Federal inquiry into the economic reasonableness of 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 (S.Ct. 1976);

42 U.S.C. 7410(a)(2) and 7410(k)(3). [Page 28726]

Unfunded Mandates

Under Sections 202, 203, and 205 of the Unfunded Mandates Reform

Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,

1995, USEPA must undertake various actions in association with proposed

or final rules that include a Federal mandate that may result in

estimated costs of $100 million or more to the private sector, or to

State, or tribal governments in the aggregate. To the extent that the

[[Page 15717]]

rules being approved by this action will impose any enforceable duty

upon the State, local, or tribal governments, or upon the private

sector, USEPA's action will impose no new requirements; such sources

are already subject to these regulations under State law. Accordingly,

no additional costs to State, local, or tribal governments, or to the

private sector, result from this action. For these reasons, USEPA has

determined that this final action does not include a Federal mandate.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by reference, Ozone, 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)(122) to read

as follows:

Sec. 52.720 Identification of plan.

* * * * *

(c) * * *

(122) On June 26, 1995, the Illinois Environmental Protection

Agency (IEPA) submitted a State Implementation Plan (SIP) revision

containing the 1992 enhancements to the Illinois vehicle inspection and

maintenance (I/M) program. Such enhancements were originally developed

to meet the I/M performance standard as called for in the United States

Environmental Protection Agency's (USEPA's) proposed `post-1987' I/M

SIP policy and specified in the settlement agreement entered into by

the parties in Wisconsin v. Reilly, Case No. 87-C-0395, E.D. Wis. The

submittal includes authorizing legislation P.A. 86-1433, signed into

law on September 12, 1990 and procedural rules published in the

Illinois Register on June 26, 1992 at Volume 16, Issue #16.

(i) Incorporation by reference.

(A) 35 Illinois Administrative Code 276; Sections 276.101, 276.102,

276.204, 276.206, 276.301, 276.303, 276.304, 276.307, 276.308, 276.309,

276.310, 276.311, 276.401, 276.402, 276.701, 276.702, and 276.703

amended or added at 16 Ill. Reg. 10230, effective June 15, 1992.

(ii) Other material.

(A) Public Act 86-1433 adopted by the Illinois General Assembly on

June 29, 1990, signed into law by Governor Edgar on September 12, 1990

effective September 12, 1990 (Sections 2,3, and 4) and January 1, 1991

(Section 1). (B) June 26, 1995 letter and attachments from the IEPA's

Bureau of Air Chief to the USEPA's Regional Air and Radiation Division

Director submitting Illinois' revision to the ozone SIP.

* * * * *

[FR Doc. 96-8435 Filed 4-8-96; 8:45 am]

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