Approval and Promulgation of Air Quality Implementation Plans; Illinois: Clean Fuel Fleet Program Revision

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL168-1a; FRL-6232-8]

Approval and Promulgation of Air Quality Implementation Plans;

Illinois: Clean Fuel Fleet Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving through direct final action a State

Implementation Plan (SIP) revision submitted on February 13, 1998, by

the Illinois Environmental Protection Agency (IEPA). This SIP revision

delays the implementation of the Illinois Clean Fuel Fleet Program

(CFFP) purchase requirement from model year 1998 to model year 1999,

based on EPA's decision to allow States to delay purchase requirements.

This change is intended to ensure successful implementation of the

Illinois CFFP, and to ensure that an adequate supply of appropriate

vehicles is available for fleet operators to purchase once the program

is underway. In addition, the SIP revision includes two minor

corrections to the CFFP rules federally approved on March 19, 1996.

DATES: This rule is effective on April 19, 1999, unless EPA receives

adverse written comments by March 19, 1999. If adverse comment is

received, EPA will publish a timely withdrawal of the rule in the

Federal Register informing the public that the rule will not take

effect.

ADDRESSES: Written comment should be sent to: J. Elmer Bortzer, Chief,

Regulation Development Section, Air Programs Branch (AR-18J), U.S.

Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604. Copies of the State submittal 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 Francisco Acevedo at (312) 886-6061 before visiting the

Region 5 Office.)

FOR FURTHER INFORMATION CONTACT: Francisco J. Acevedo, Environmental

Protection Specialist, at (312) 886-6061.

SUPPLEMENTARY INFORMATION:

I. Background

The Clean Air Act (CAA) requires certain States to adopt and submit

to EPA SIP revisions containing a CFFP for nonattainment areas with

1980 populations greater than 250,000 that are classified as serious or

worse for ozone, or which have a design value of at least 16.0 ppm for

carbon monoxide (CO).

In Illinois, the Chicago area is classified as a severe ozone

nonattainment area and is therefore subject to the CFFP requirements.

The CAA provides that States' CFFP SIP revisions must require fleet

operators with 10 or more centrally fueled vehicles or capable of being

centrally fueled to include a specified percentage of clean-fuel

vehicles in their purchases each year. There are additional

specifications in section 246 of the CAA with which States' SIP

revisions must also comply, including the requirements that covered

fleet operators must operate the Clean Fuel Vehicles (CFVs) in covered

nonattainment areas on a clean alternative fuel, defined as a fuel on

which the vehicle meets EPA's CFV standards. EPA promulgated emission

standards for CFVs in September 1994. (See 40 CFR part 88) On September

29, 1995, the IEPA submitted to EPA a SIP revision which allowed for

the implementation of a CFFP in the Chicago ozone nonattainment area.

On March 19, 1996, EPA approved the Illinois SIP submittal and made the

program federally enforceable.

On May 22, 1997, and April 23, 1998, EPA issued guidance and a

direct final rule respectively, allowing a one year delay of the CFFP

in those areas that are unable to meet the purchase requirements cited

in the Clean Air Act. (See 63 FR 20103 (April 23, 1998)).

[[Page 7789]]

On July 7, 1997, the IEPA filed proposed rules with the Illinois

Pollution Control Board (IPCB) to amend the CFFP pursuant to Section

28.5 of the Illinois Environmental Protection Act and incorporate the

one year delay of the program's purchase requirement. A public hearing

was held on August 27, 1997, in Chicago, Illinois and on November 20,

1997, the IPCB adopted a Final Opinion and Order. On December 5, 1997,

the rules were published in the Illinois Register. They became

effective on November 25, 1997.

II. EPA's Analysis of Illinois' CFF Program

In light of EPA's action on April 23, 1998, to allow a one year

delay in program implementation, States with adopted CFFP SIPs may

revise the SIPs to provide for a model year 1999 start date for the

CFFP purchase requirements. The EPA believes this action will provide

States and fleet owners the necessary flexibility in those areas that

are unable to meet the CFF purchase requirements due to vehicle

availability.

Illinois has estimated that the first year of the program would

result in a volatile organic compound reduction of 0.3 tons per day

with a maximum reduction of about 2.8 tons per day when the program

becomes fully effective in model year 2003. With a one year delay, the

peak annual emission reduction will occur in model year 2004, which is

in advance of the 2007 ozone attainment date for the Chicago

nonattainment area. The Illinois submittal includes amendments to the

Illinois CFFP rules in 35 Ill. Adm. Code 241, sections

241.113(a)(1)(A), (B), and (C) and (a)(2); section 241.130(b); section

241.140, section 241. APPENDIX B Credit Values (Tables A and D). Fleet

owners and operators who acquire light-duty vehicles were required to

acquire 30% clean fuel fleet vehicles (CFFVs) beginning in model year

(MY) 1998, 50% CFFVs in MY 1999, and 70% CFFVs in MY 2000. The final

rules delay the requirements for the acquisition of light duty vehicles

until MY 1999, MY 2000, and MY 2001, respectively. In addition, fleet

owners and operators who acquire heavy-duty vehicles were originally

required to acquire 50% CFFVs beginning in MY 1998; they will now need

to meet the heavy-duty purchase requirement starting in MY 1999.

The amendment to section 241.130(b) changes the date by which an

owner or operator of a fleet may earn credits for acquiring CFFVs

before the compliance date of the program. The amendment to section

241.140 changes the first date by which owners or operators of fleets

must submit annual reports to IEPA from November 1, 1998 to November 1,

1999. In addition to the one year delay, the EPA published a document

in the January 3, 1996, Federal Register correcting two credit values

for the CFFP credit program. These two values have been corrected in

the State rules submitted with this SIP revision under section 241.

APPENDIX B (Tables A and D).

III. Final Rulemaking Action

EPA is approving the delay of the CFFP implementation by one year

and the corrections made to the credit value tables. The EPA is

publishing this rule 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 State Plan should adverse written comments be

filed. This rule will be effective without further notice unless the

Agency receives relevant adverse written comment by March 19, 1999.

Should the Agency receive such comments, it will publish a 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 April 19, 1999.

IV. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from Executive Order (E.O.) 12866, entitled

``Regulatory Planning and Review.''

B. Executive Order 12875

Under E.O. 12875, EPA may not issue a regulation that is not

required by statute and that creates a mandate upon a State, local or

tribal government, unless the Federal government provides the funds

necessary to pay the direct compliance costs incurred by those

governments. If the mandate is unfunded, EPA must provide to the Office

of Management and Budget a description of the extent of EPA's prior

consultation with representatives of affected State, local and tribal

governments, the nature of their concerns, copies of written

communications from the governments, and a statement supporting the

need to issue the regulation. In addition, E.O. 12875 requires EPA to

develop an effective process permitting elected officials and other

representatives of State, local and tribal governments ``to provide

meaningful and timely input in the development of regulatory proposals

containing significant unfunded mandates.'' Today's rule does not

create a mandate on State, local or tribal governments. The rule does

not impose any enforceable duties on these entities. Accordingly, the

requirements of section 1(a) of E.O. 12875 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 E.O.

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 E.O. 13045 because it does

not involve decisions intended to mitigate environmental health or

safety risks.

D. Executive Order 13084

Under E.O. 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 OMB, 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, E.O. 13084 requires EPA to

develop an effective process permitting elected officials and other

representatives of 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

[[Page 7790]]

requirements of section 3(b) of E.O. 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 (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 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 CAA, preparation of a flexibility analysis would constitute

Federal inquiry into the economic reasonableness of State action. The

CAA forbids EPA 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).

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. Petitions for Judicial Review

Under section 307(b)(1) of the CAA, petitions for judicial review

of this action must be filed in the United States Court of Appeals for

the appropriate circuit by April 19, 1999. 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, Carbon monoxide,

Nitrogen oxide, Ozone, Volatile organic compounds.

Dated: February 2, 1999.

David A. Ullrich,

Acting Regional Administrator, Region V.

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)(146) to read

as follows:

Sec. 52.720 Identification of plan.

* * * * *

(c ) * * *

(146) On February 13, 1998, the Illinois Environmental Protection

Agency (IEPA) submitted a revision to the Illinois State Implementation

Plan (SIP). This revision amends certain sections of the Clean-Fuel

Fleet Program (CFFP) in the Chicago ozone nonattainment area to reflect

that fleet owners and operators will have an additional year to meet

the purchase requirements of the CFFP. The amendment changes the first

date by which owners or operators of fleets must submit annual reports

to IEPA from November 1, 1998 to November 1, 1999. In addition, this

revision corrects two credit values in the CFFP credit program.

(i) Incorporation by reference.

(A) 35 Illinois Administrative Code 241; Sections 241.113, 241.130,

241.140, 241.Appendix B.Table A, 241.Appendix B.Table D adopted in R95-

12 at 19 Ill. Reg. 13265, effective September 11, 1995; amended in R98-

8, at 21 Ill. Reg. 15767, effective November 25, 1997.

(ii) Other Material.

(A) February 13, 1998, letter and attachments from the Illinois

Environmental Protection Agency's Bureau of Air Chief to the United

States Environmental Protection Agency's Regional Air and Radiation

Division Director submitting Illinois' amendments to the Clean Fuel

Fleet regulations as a revision to the ozone State Implementation Plan.

[FR Doc. 99-3522 Filed 2-16-99; 8:45 am]

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