Approval and Promulgation of Implementation Plan; Illinois

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of the submittal which is being withdrawn.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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