Approval and Promulgation of Air Quality Implementation Plans; Illinois; Amendments to Gasoline Volatility Standards and Motor Vehicle Refinishing Requirements for Illinois |
|---|
|
Susan Hedman
Environmental Protection Agency
October 6, 2014
[Federal Register Volume 79, Number 193 (Monday, October 6, 2014)]
[Rules and Regulations]
[Pages 60065-60070]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23767]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2013-0273; FRL-9914-97-Region 5]
Approval and Promulgation of Air Quality Implementation Plans;
Illinois; Amendments to Gasoline Volatility Standards and Motor Vehicle
Refinishing Requirements for Illinois
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving state
implementation plan (SIP) revisions submitted by the Illinois
Environmental Protection Agency (IEPA) on March 19, 2013, concerning
the state's gasoline volatility standards. The SIP revisions also
include amendments to the state's motor vehicle refinishing regulations
to allow for the alternative use of a high volume, low pressure (HVLP)
equivalent coating applicator in motor vehicle refinishing operations,
and repeal a registration program under these regulations that overlaps
with Federal registration requirements.
DATES: This direct final rule is effective December 5, 2014, unless EPA
receives adverse comments by November 5, 2014. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the rule will not
take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2013-0273, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: blakley.pamela@epa.gov.
3. Fax: (312) 692-2450.
4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley, Chief, Control Strategies
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal
holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2013-0273. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available
[[Page 60066]]
either electronically in www.regulations.gov or in hard copy at the
Environmental Protection Agency, Region 5, Air and Radiation Division,
77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
Federal holidays. We recommend that you telephone Francisco J. Acevedo,
Mobile Source Program Manager, at (312) 886-6061 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT: Francisco J. Acevedo, Mobile Source
Program Manager, Control Strategies Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-6061,
acevedo.francisco@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What is the background for the gasoline volatility standards
portion of this action?
II. What changes have been made to Illinois' gasoline volatility
standards?
III. What is the background for the motor vehicle refinishing
standards portion of this action?
IV. What changes have been made to Illinois' motor vehicle
refinishing standards?
V. What is EPA's analysis of the state's submittal?
VI. What action is EPA taking?
VII. Statutory and Executive Order Reviews.
I. What is the background for the gasoline volatility standards portion
of this action?
Under section 211(c) of the Clean Air Act (CAA), EPA promulgated
regulations on March 22, 1989 (54 FR 11868) that set maximum limits for
the Reid vapor pressure (RVP) of gasoline sold during the regulatory
control periods that were established on a state-by-state basis in the
final rule. The regulatory control periods addressed the portion of the
year when peak ozone concentrations were expected. Peak ozone
concentrations are expected during the summertime. These regulations
constituted Phase I of a two phase nationwide program, which was
designed to reduce the volatility of commercial gasoline during the
high ozone season. Depending on the state and month, gasoline RVP was
not to exceed 10.5 pounds per square inch (psi), 9.5 psi, or 9.0 psi.
Phase I was applicable to calendar years 1989 through 1991. On June 11,
1990 (55 FR 23658), EPA promulgated more stringent volatility controls
as Phase II of the volatility control program. These requirements
established maximum RVP standards of 9.0 psi or 7.8 psi (depending on
the state, the month, and the area's initial ozone attainment
designation with respect to the 1-hour ozone national ambient air
quality standards (NAAQS)). Phase II is applicable to 1992 and
subsequent years.
The 1990 CAA Amendments established a new section, 211(h), to
address fuel volatility. Section 211(h)(1) requires EPA to promulgate
regulations making it unlawful to sell, offer for sale, dispense,
supply, offer for supply, transport, or introduce into commerce
gasoline with an RVP level in excess of 9.0 psi during the high ozone
season. Section 211(h)(2) prohibits EPA from establishing a volatility
standard more stringent than 9.0 psi in an attainment area, except that
the Agency may impose a lower (more stringent) standard in any former
ozone nonattainment area (NAA) redesignated to attainment.
On December 12, 1991 (56 FR 64704), EPA modified the Phase II
volatility regulations to be consistent with section 211(h) of the CAA.
The modified regulations prohibited the sale of gasoline with an RVP
above 9.0 psi in all areas designated attainment for ozone, beginning
in 1992. For areas designated as nonattainment, the regulations
retained the original Phase II standards published on June 11, 1990 (55
FR 23658), which included the 7.8 psi ozone season limitation for
certain areas.
Section 211(k) of the CAA requires the use of reformulated gasoline
(RFG) in the nine ozone NAAs having a 1980 population in excess of
250,000 and having the highest ozone design value during the period
1987 through 1989. The Chicago ozone NAA was designated as one of these
areas. See 40 CFR 80.70(f). The use of RFG was required in the Chicago
ozone NAA beginning in 1995 when Phase I of the RFG program went into
effect. Phase II of the RFG program went into effect in 2000. In
addition to these areas which are required to market RFG, state
Governors can petition EPA for the inclusion of other NAAs in the RFG
program. Accordingly, the State of Illinois requested EPA to extend the
requirement for the sale of RFG for the Illinois portion of the Metro-
East St. Louis ozone NAA in July 2006 with the program becoming
effective in July 2007.
Illinois enacted state specific limits to address the summertime
volatility of gasoline through regulations at 35 Ill. Adm. Code Section
215.585 for the Illinois ozone attainment area, Section 218.585 for the
Chicago ozone NAA, and Section 219.585 for the Metro-East St. Louis
ozone NAA.
On April 6, 1990, and May 4, 1990, Illinois submitted to EPA a
regulation which reduced the maximum allowable volatility for gasoline
sold in Illinois during July and August 1990 to 9.5 psi RVP. EPA
approved this regulation on July 18, 1990 (55 FR 29200). On January 10,
1991, the state adopted amendments further limiting the maximum
allowable volatility for gasoline sold in Illinois during June 1
through September 15, 1991 to 9.0 psi RVP.\1\ On July 25, 1991 and
September 9, 1993 the state adopted changes to Illinois' volatility
regulations limiting the volatility of gasoline sold in the Chicago and
Metro-East St. Louis ozone NAAs to 9.0 psi RVP and lengthened the
regulatory control period to May 1 through September 15. EPA approved
this regulation on September 9, 1994 (59 FR 46562). On October 25,
1994, Illinois submitted to EPA a regulation that reduces the maximum
allowable volatility for gasoline sold in the Illinois portion of the
Metro-East St. Louis ozone NAA, which includes Madison, Monroe, and St.
Clair Counties, to 7.2 psi RVP during the summer control period. EPA
approved this regulation on March 23, 1995 (60 FR 15233). On May 14,
1996, Illinois submitted an amendment to its RVP rule to EPA which
adjusts the summer regulatory control period of the Metro-East St.
Louis RVP program to make it consistent with the national RVP
regulation. EPA approved this regulation on August 12, 1997 (62 FR
43100).
---------------------------------------------------------------------------
\1\ EPA proposed to approve this regulation on June 7, 1991 (66
FR 26359). On April 28, 1992, IEPA requested that EPA place the SIP
revision on the inactive status since IEPA would not be able to take
emission reduction credits for an ``early'' reduction in RVP one
year ahead of the Federal requirement. Consequently, EPA did not
approve this regulation.
---------------------------------------------------------------------------
II. What changes have been made to Illinois' gasoline volatility
standards?
The State of Illinois has repealed its gasoline volatility
standards at 35 Ill. Adm. Code Section 215.585 for the state's ozone
attainment area, Section 218.585 for the Chicago ozone NAA, and Section
219.585 for the Metro-East St. Louis ozone NAA. The state gasoline
volatility regulations have essentially been superseded by Federal
regulations promulgated under Section 211(c) and later under Sections
211(h) and 211(k) of the CAA. For this reason and to relieve the
administrative burden associated with the development of waivers during
periods of fuel supply shortages, the Illinois Pollution Control
[[Page 60067]]
Board repealed the state regulations. The Board also approved clean-up
amendments to 35 Ill. Adm. Code Parts 211, 215, 218, and 219 to update
references and to be consistent with the repeal of the state gasoline
volatility standards.
a. State Ozone Attainment Area
35 Ill. Adm. Code Section 215.585 applied only to the year 1991 in
the state's ozone attainment area and limited the RVP of gasoline sold,
offered for sale, dispensed, supplied, offered for supply or
transported for use in Illinois between June 1 and September 15 to 9.0
psi. Ethanol blend gasoline containing 9 to 10 percent ethanol by
volume were allowed to have an RVP up to 10.0 psi.
Pursuant to Section 211(c) of the CAA, EPA adopted national
gasoline volatility standards which set maximum RVP limits for gasoline
sold during the May 1 to September 15 control period. See 40 CFR 80.27.
Beginning in 1992, these regulations limited the RVP of gasoline sold
in Illinois to 9.0 psi. These regulations also allowed an additional
1.0 psi for ethanol blend gasoline containing 9 to 10 percent ethanol
by volume.
Since Section 215.585 was only in force in 1991, and the Federal
RVP standards now apply to the attainment areas of the state, IEPA
believes that there is no longer any need in maintaining the state
gasoline volatility standard and the Illinois Pollution Control Board
repealed this section.
b. Chicago Ozone Nonattainment Area
The state gasoline volatility standards affecting the Chicago ozone
NAA are found at 35 Ill. Adm. Code 218.585. The Illinois portion of the
Chicago ozone NAA includes Cook, DuPage, Kane, Lake, McHenry, and Will
Counties and Aux Sable and Goose Lake Townships in Grundy County and
Oswego Township in Kendall County. This regulation limits the RVP of
gasoline sold, offered for sale, dispensed, supplied, offered for
supply or transported for use in the Chicago ozone NAA area during May
1 through the September 15 control period to 9.0 psi. A 1.0 psi
allowance is granted for ethanol blend gasoline containing 9 to 10
percent ethanol by volume. On September 9, 1994, EPA approved this
regulation as part of the Illinois SIP. 59 FR 46562 (September 9,
1994).
As stated above, Section 211(k) of the CAA requires the use of RFG
in the nine ozone NAAs having a 1980 population in excess of 250,000
and having the highest ozone design value during the period 1987
through 1989. The Chicago ozone NAA was designated as one of these
areas. See 40 CFR 80.70(f). The use of RFG was required in the Chicago
ozone NAA beginning in 1995 when Phase I of the RFG program went into
effect. Phase II of the RFG program went into effect in 2000 and
requires a 27.4 percent (averaging) reduction in summertime (May 1
through September 15) VOC emissions from RFG in VOC control region 2
areas (northern areas), which includes Chicago. Compliance with the RFG
standards is measured by inputting specific gasoline characteristic
parameters into a performance standards model known as the ``complex
model''. The fuel parameters used in the complex model include RVP,
oxygen, sulfur, aromatics, olefins, benzene, and a percent of fuel
evaporated at 200 and 300 degrees Fahrenheit (E200 and E300,
respectively). The model evaluates the emissions from the RFG blend
compared to the 27.4 percent reduction baseline. Although the RVP of
the fuel is an important characteristic in determining the emissions
from the fuel blend, the RFG standards do not establish a maximum
volatility. Rather, a refiner or blender can vary the specific
parameters as long as the resultant blend meets the overall emission
reduction specification provided by the complex model. The result is an
equivalent percentage reduction in VOC emissions as would be achieved
if a fuel RVP of 6.7 psi was utilized. Even though the RFG requirements
do not specifically establish an RVP limit, historical data indicates
that RVP of RFG sold during the summertime (high ozone season) in the
Chicago ozone NAA is considerably less than the RVP limits established
in the Federal and state gasoline volatility standards, and has a range
of averages from 6.7 to 7.2 psi, well below the maximum limits
established in Section 218.585. Therefore, since the Federal RFG
requirements are more stringent than the Chicago ozone NAA gasoline
volatility regulations in Section 218.585, these regulations are no
longer necessary.
The existence of the Chicago NAA gasoline volatility standards can
also become an obstacle in times of emergency fuel shortages. In the
event of a regional fuel shortage, Section 211(c)(4)(C) of the CAA
allows EPA, with the concurrence of the Department of Energy, to
temporarily waive fuel requirements in order that other fuel can be
brought into the area and sold. EPA has issued two such emergency fuel
waivers since 2005, one due to the impact of Hurricane Katrina, and a
second due to damage caused by a severe storm at a Metro-East St. Louis
area refinery. In these instances, EPA granted a short-term waiver from
the RFG regulations, but due to the existence of the state Chicago NAA
gasoline volatility standards, Illinois had to issue a provisional
variance to the regulation in order for the EPA waiver to achieve its
intended effect. Repealing the existing Chicago NAA gasoline volatility
standards, which are less stringent than the RFG standards, would
result in no loss of emissions reductions benefits, and in times of
regional fuel supply shortages, would eliminate the RVP SIP waiver and
provisional variance processes, allowing other fuel to be marketed in
the affected region in a more efficient manner.
c. Metro-East St. Louis Ozone Nonattainment Area
The state gasoline volatility regulation affecting the Metro-East
St. Louis ozone NAA is found at 35 Ill. Adm. Code Section 219.585. The
Illinois portion of the Metro-East St. Louis ozone NAA includes
Madison, Monroe, St. Clair and Jersey Counties. Section 182(b)(1) of
the CAA requires all moderate and above ozone NAAs to achieve a 15
percent reduction of 1990 emissions of VOC by 1996. The Metro-East St.
Louis area ozone NAA was subject to this requirement and in order to
meet the CAA 15 percent Rate of Progress emissions requirement and to
strive for consistency in the fuel across the St. Louis metropolitan
area, IEPA proposed, and the Illinois Pollution Control Board adopted,
a more stringent gasoline volatility regulation in 1994. This
regulation limits the RVP of gasoline sold, offered for sale,
dispensed, supplied, offered for supply or transported for use in the
Metro-East St. Louis ozone NAA during May 1 through the September 15
control period to 7.2 psi. A 1.0 psi allowance is granted for ethanol
blend gasoline having at least 9 percent but not more than 10 percent
ethyl alcohol by volume. The Illinois Pollution Control Board adopted
an amendment to this regulation which changed the start of regulatory
control period from May 1 to June 1 to be consistent with the Federal
compliance dates. On March 23, 1995, EPA approved the regulation with
the May 1 date as part of the Illinois SIP. 60 FR 15233 (March 23,
1995). On August 12, 1997, EPA approved the revision relating to the
change in the regulatory control period to June 1 as part of the
Illinois SIP. 62 FR 43100 (August 12, 1997).
As stated above, Section 211(k) of the CAA requires the use of RFG
in the nine ozone NAAs having a 1980 population
[[Page 60068]]
in excess of 250,000 and having the highest ozone design value during
the period 1987 through 1989. In addition to these areas which are
required to market RFG, state Governors can petition EPA for the
inclusion of other NAAs in the RFG program. Accordingly, the State of
Illinois requested EPA to extend the requirement for the sale of RFG
for the Illinois portion of the Metro-East St. Louis ozone NAA in July
2006. On April 24, 2007, EPA issued a final rule requiring the sale of
RFG in the Illinois portion of the Metro-East St. Louis ozone NAA. 72
FR 20237 (April 24, 2007). The required use of RFG for VOC control
region 1 (southern areas) in the Illinois portion of the Metro-East St.
Louis ozone NAA would achieve additional emissions reductions beyond
the 7.2 psi RVP limit for the Metro-East St. Louis ozone NAA and would
harmonize the fuel requirements across the region as Missouri had
opted-in the RFG program for the St. Louis portion of the ozone NAA in
1999.
Similar to the situation in Chicago, when regional fuel supply
shortages occurred and EPA issued a waiver from the RFG requirements to
allow the flow of other fuels into the regions, the state had to issue
a provisional variance to the volatility regulations for the Metro-East
St. Louis ozone NAA in order for the EPA waiver to achieve its intended
effect. Repealing the existing gasoline volatility standards for the
Metro-East St. Louis ozone NAA, which are less stringent than the RFG
standards, results in no loss of emissions reductions benefits, and, in
times of regional fuel shortage, would eliminate the RVP SIP waiver and
provisional variance processes, allowing other fuels to be marketed in
the affected area in a more efficient manner.
d. Clean-up Amendments and Update of Technical References
IEPA has also submitted clean-up amendments to 35 Ill. Adm. Code
Parts 211, 215, 218 and 219 to update references and to be consistent
with the repeal of the state's gasoline volatility standards. IEPA
updated the reference to ASTM D 323 to its current version, ASTM D 323-
08, in Section 211.101, and also in the definitions of Heavy Liquid,
Section 211.2870, and RVP, Section 211.5510. In addition, IEPA removed
the reference to Section 215.105 in the definition of Heavy Liquid,
Section 211.2870, because IEPA removed ASTM D 323-82 from Part 215 with
this revision.
IEPA also removed the definition of RVP contained in Section
215.104 because this term is only used in Section 215.585, which has
been repealed, and is also defined in 35 Ill. Adm. Code Part 211. IEPA
also removed ASTM D 323-82, ASTM D 4057, ASTM D 4177, and 40 CFR 80,
appendices D, E, and F contained in Section 215.105 because these
incorporations by reference are only found in Section 215.585, are
outdated, and are no longer necessary with a repeal of the state's
gasoline volatility standards.
Further, Illinois removed 40 CFR 80 and 40 CFR 80, appendices D, E,
and F contained in Sections 218.112 and 219.112 (Incorporations by
Reference) because this Part is no longer necessary with a repeal of
Sections 218.585 and 219.585, and the appendices have already been
repealed. Also, IEPA has updated the reference to ASTM D-323 in
Sections 218.112, 218.128, 219.112, and 219.128 to its current version,
ASTM D-323-08, for measuring vapor pressure.
III. What is the background for the motor vehicle refinishing portion
of this action?
In 1993, the Chicago and Metro-East St. Louis areas were classified
as Severe and Moderate nonattainment, respectively, and as such were
subject to the requirement under Section 182(b)(1) of the CAA to reduce
VOC emissions within six years after November 15, 1990 by at least 15
percent from baseline emissions. Illinois reviewed available control
measures that could provide reductions by 1996 and included motor
vehicle refinishing operations in the 15 percent rate of progress plan
for both areas.
Illinois' motor vehicle refinishing regulations are found at
Subpart HH of 35 Ill. Adm. Code Parts 218 and 219. The regulations
require the use of either an electrostatic spray gun or a HVLP spray
gun. In addition, these regulations require affected sources to
register with the state. Registration includes providing source contact
information, descriptions of coating operations, and certain
certifications. Irrespective of the registration program, motor vehicle
refinishing operations are required to meet the substantive provisions
of Subpart HH, which include, among other things, VOC content
limitations, coating preparation and applicator requirements, and work
practices. EPA approved the motor vehicle refinishing regulations at
Subpart HH of 35 Ill. Adm. Code Parts 218 and 219 as part of the
Illinois SIP on July 25, 1996. 61 FR 38577 (July 25, 1996).
In 2008, EPA promulgated National Emission Standards for Hazardous
Air Pollutants (NESHAP) for Paint Stripping and Miscellaneous Surface
Coating Operations at Area Sources (January 9, 2008, 73 FR 1738). These
standards are found at 40 CFR 63, subpart HHHHHH. As it relates to
surface coating of motor vehicles and mobile equipment, this NESHAP
requires that all subject surface coating operations apply coatings
with a HVLP spray gun, electrostatic spray gun, airless spray gun, air-
assisted airless spray gun, or an equivalent technology demonstrated to
be equal in transfer efficiency to one of these spray guns. 40 CFR
63.11173(e)(3). In addition, this NESHAP requires these operations to
submit an initial registration notification, an annual notification of
changes, and also contains recordkeeping requirements. 40 CFR 63.11175,
63.11176, 63.11177. Proper registration includes providing source
contact information, a description of coating operations, and certain
certifications. 40 CFR 63.11175.
In Illinois, these registration notifications are submitted to IEPA
because it has been delegated authority to implement and enforce this
NESHAP. This NESHAP targets sources that the state's motor vehicle
refinishing rules target. Irrespective of the NESHAP's registration
requirements, subject sources must comply with the substantive portion
of this NESHAP, which include, among other things, extensive training,
coating preparation and application requirements, coating applicator
requirements, management practices, maintenance of equipment
requirements and recordkeeping.
IV. What changes have been made to Illinois' motor vehicle refinishing
standards?
The State of Illinois submitted amendments to Subpart HH, Motor
Vehicle Refinishing, at 35 Ill. Adm. Code Sections 218.784 and 219.784
to allow the use of a new spray gun that is demonstrated to achieve
transfer efficiency comparable to a HVLP spray gun. The regulations in
Sections 218.784 and 219.784 require the equivalent coating applicator
technology to be approved by EPA and documentation of EPA's approval to
be maintained at the motor vehicle refinishing operation. This will
provide flexibility to affected sources by allowing them to choose an
alternate means of compliance that is approved by EPA. Illinois also
repealed the registration program at 35 Ill. Adm. Code Sections 218.792
and 219.792 due to the corresponding, overlapping Federal NESHAP
registration program already in place. This will streamline the
registration of motor vehicle refinishing operations and eliminate
source confusion over multiple registrations.
[[Page 60069]]
The NESHAP at 40 CFR part 63, subpart HHHHHH targets the sources
that Illinois' motor vehicle registration program targets and the
registration programs are very similar in what they require. The
NESHAP's registration program is more stringent than Illinois'
registration program in that it requires an annual notification of any
change from the initial registration, which the state's registration
program does not require. 40 CFR 63.11176 (2010). Moreover,
irrespective of the existence of either registration program, subject
motor vehicle refinishing operations must comply with the substantive
provisions of both the NESHAP and Illinois' motor vehicle refinishing
requirements which contain the applicable control requirements that
limit emissions from such operations. Repealing Illinois' registration
program and the continued applicability of the NESHAP registration
program will streamline registration for motor vehicle refinishing
sources and avoid confusion over two separate registration
requirements.
V. What is EPA's analysis of the state's submittal?
Our primary consideration for determining the approvability of the
Illinois revisions to remove gasoline volatility standards from the SIP
is whether these revisions comply with section 110(l) of the CAA.
Section 110(l) of the CAA provides that EPA cannot approve a SIP
revision if that revision interferes with any applicable requirement
regarding attainment and reasonable further progress or any other
requirement established in the CAA. The EPA can, however, approve a SIP
revision that removes or modifies control measures in the SIP once the
state makes a ``noninterference'' demonstration that such removal or
modification will not interfere with attainment of the NAAQS, or any
other CAA requirement. Illinois has evaluated the impacts of approving
these revisions. The repeal of the ozone attainment area gasoline
volatility standards in Section 215.585 would result in no loss of
emissions reductions since this section applied to 1991 only. The
intent of the rule has been fulfilled through EPA's volatility
standards adopted pursuant to section 211(k) of the CAA. The repeal of
the Chicago and Metro-East St. Louis gasoline volatility standards
under Sections 218.585 and 219.585, respectively, would result in no
loss of emissions reductions as the current Federal RFG standards in
place in both areas achieve additional emissions reductions benefits
beyond the state standards. The equipment specification changes to
Illinois' motor vehicle refinishing requirements under Sections 218.784
and 219.784 provide flexibility to affected sources while not
increasing emissions by allowing the use of new spray guns that have
been demonstrated to achieve transfer efficiency comparable to HVLP
spray guns and that have been approved by EPA. Finally, the removal of
the state's registration requirements for motor vehicle refinishing
operations is not a relaxation, since the Federal NESHAP includes a
registration provision requesting similar and additional information
than what was required in Illinois' rules. The deletion of the state
requirement basically removes a duplicative regulation and decreases
the administrative burden on such sources while still providing all the
necessary information to IEPA. As noted above, all registration
notifications under the NESHAP are submitted to IEPA because it has
been delegated authority to implement and enforce the NESHAP.
VI. What action is EPA taking?
EPA is approving the revisions to the Illinois ozone SIP submitted
on March 19, 2013, concerning the state's gasoline volatility standards
at Section 218.585 for the Chicago ozone NAA and Section 219.585 for
the Metro-East St. Louis ozone NAA. Since EPA did not approve the gas
volatility standard for 1991 in Section 215.585 as part of the
Federally enforceable SIP, EPA cannot approve a SIP revision that
repeals this section. Thus, EPA is taking no action on the gas
volatility standard for 1991. EPA is also approving amendments to 35
Ill. Adm. Code Parts 211, 215, 218, and 219 to make necessary updates.
EPA is also approving amendments to Subpart HH, Motor Vehicle
Refinishing, at 35 Ill. Adm. Code Sections 218.784 and 219.784 to allow
for the use of HVLP-equivalent spray guns in motor vehicle refinishing
operations, and the repeal of the registration program at 35 Ill. Adm.
Code Sections 218.792 and 219.792 due to overlapping Federal
registration requirements. EPA finds that the revisions will not
interfere with any applicable requirement concerning attainment,
reasonable further progress or any other applicable CAA requirement.
We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective December 5,
2014 without further notice unless we receive relevant adverse written
comments by November 5, 2014. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
If we do not receive any comments, this action will be effective
December 5, 2014.
VII. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
[[Page 60070]]
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
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 action 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 action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
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 December 5, 2014. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. 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, Oxides of Nitrogen, Ozone, Volatile organic compounds.
Dated: July 29, 2014.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 52.720 is amended by adding paragraphs (c)(101)(i)(A)(3),
(c)(101)(i)(B)(3), (c)(109)(i)(D), (c)(120)(i)(D), and (c)(201) to read
as follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(101) * * *
(i) * * *
(A) * * *
(3) Section 218.585 was repealed in 2013 and is removed without
replacement; see paragraph (c)(201) of this section.
(B) * * *
(3) Section 219.585 was repealed in 2013 and is removed without
replacement; see paragraph (c)(201) of this section.
* * * * *
(109) * * *
(i) * * *
(D) Section 219.585 was repealed in 2013 and is removed without
replacement; see paragraph (c)(201) of this section.
* * * * *
(120) * * *
(i) * * *
(D) Sections 218.792 and 219.792 were repealed in 2013 and are
removed without replacement; see paragraph (c)(201) of this section.
* * * * *
(201) On March 19, 2013, the Illinois Environmental Protection
Agency submitted a request to repeal the gasoline volatility standards
at 35 Ill. Adm. Code 215.585, 218.585, and 219.585, including other
related revisions to 35 Ill. Adm. Code Parts 211, 215, 218, and 219, to
revise the motor vehicle refinishing equipment specifications at 35
Ill. Adm. Code 218.784 and 219.784, and to repeal the motor vehicle
refinishing registration requirements at 35 Ill. Adm. Code 218.792 and
219.792.
(i) Incorporation by reference.
(A) Illinois Administrative Code, Title 35: Environmental
Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control
Board, Subchapter c: Emission Standards and Limitations for Stationary
Sources, Part 211, Definitions and General Provisions, Sections 211.101
Incorporations by Reference, 211.2870 Heavy Liquid, and 211.5510 Reid
Vapor Pressure. Effective January 28, 2013.
(B) Illinois Administrative Code, Title 35: Environmental
Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control
Board, Subchapter c: Emission Standards and Limitations for Stationary
Sources, Part 215, Organic Material Emission Standards and Limitations,
Sections 215.104 Definitions, and 215.105 Incorporation by Reference.
Effective January 28, 2013.
(C) Illinois Administrative Code, Title 35: Environmental
Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control
Board, Subchapter c: Emission Standards and Limitations for Stationary
Sources, Part 218, Organic Material Emission Standards and Limitations
for the Chicago Area, Sections 218.112 Incorporations by Reference,
218.128 Monitoring VOL Operations, and 218.784 Equipment
Specifications. Effective January 28, 2013.
(D) Illinois Administrative Code, Title 35: Environmental
Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control
Board, Subchapter c: Emission Standards and Limitations for Stationary
Sources, Part 219, Organic Material Emission Standards and Limitations
for the Metro East Area, Sections 219.112 Incorporations by Reference,
219.128 Monitoring VOL Operations, and 219.784 Equipment
Specifications. Effective January 28, 2013.
[FR Doc. 2014-23767 Filed 10-3-14; 8:45 am]
BILLING CODE 6560-50-P