Approval and Promulgation of Implementation Plans; Illinois

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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