[Federal Register Volume 64, Number 31 (Wednesday, February 17, 1999)]
[Rules and Regulations]
[Pages 7788-7790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3522]
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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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