Approval and Promulgation of Air Quality Implementation Plans; Illinois; Amendments to Gasoline Vapor Recovery Requirements for Illinois |
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Bharat Mathur
Environmental Protection Agency
March 13, 2015
[Federal Register Volume 80, Number 49 (Friday, March 13, 2015)]
[Rules and Regulations]
[Pages 13248-13250]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-05649]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2014-0123; FRL-9922-71-Region 5]
Approval and Promulgation of Air Quality Implementation Plans;
Illinois; Amendments to Gasoline Vapor Recovery Requirements for
Illinois
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the Illinois
Environmental Protection Agency (IEPA) on January 17, 2014, concerning
the state's gasoline vapor recovery requirements. The
[[Page 13249]]
revision phases out the Stage II vapor recovery (Stage II) program
requirements in the Illinois portion of the Chicago ozone nonattainment
area (NAA) as a component of the Illinois ozone SIP. To be consistent
with the repeal of the Stage II program requirements, the SIP revision
also includes amendments to the state's permitting regulations
applicable to storage tanks and fuel dispensing, including repealing
the Stage I vapor recovery (Stage I) registration provisions due to
overlapping Federal notification requirements and state tracking
systems for gasoline dispensing operations. Finally, the SIP revision
includes other clarifying and clean-up amendments at 35 Ill. Adm. Code
Parts 201, 218, and 219. The submittal also includes a demonstration
under section 110(l) of the Clean Air Act (CAA) that shows there are no
emissions impacts associated with the removal of the program. A
proposed rule approving IEPA's submittal was published in the Federal
Register on October 17, 2014.
DATES: This final rule is effective on April 13, 2015.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2014-0123. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the Internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically through 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 being addressed by this document?
II. What is our response to comments received on the notice of
proposed rulemaking?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews.
I. What is being addressed by this document?
On October 17, 2014, EPA published proposed (79 FR 62378) and
direct final (79 FR 62352) rules approving revisions to the Illinois
ozone SIP submitted on January 17, 2014, concerning the State's Stage
II vapor recovery program requirements in Illinois. The rules also
included amendments to 35 Ill. Adm. Code Parts 201, 218, and 219 to
make necessary updates and to be consistent with the repeal of the
Stage II program standards. A full list of the regulatory changes
submitted by Illinois for EPA approval included:
Revisions to 35 Ill. Adm. Code 201.146 and 201.302 adopted
at 38 Ill. Reg. 1005, effective December 23, 2013.
Revisions to 35 Ill. Adm. Code 218.112, 218.583, and
218.586 adopted at 38 Ill. Reg. 1032, effective December 23, 2013.
Revisions to 35 Ill. Adm. Code 219.105, 219.112, and
218.583 adopted at 38 Ill. Reg. 1061, effective December 23, 2013.
EPA subsequently received adverse comments on the direct final rule
and withdrew it on December 10, 2014 (79 FR 73202). The proposal was
not withdrawn and remained in effect. In this action we are responding
to the comments and taking final action to approve Illinois' SIP
revision request submitted on January 17, 2004.
II. What is our response to comments received on the notice of proposed
rulemaking?
EPA only received one adverse comment on the October 17, 2014,
proposed approval of this Illinois rule. We are responding to the
commenter who disagreed with our action.
Comment. The commenter notes that the CAA section 110(l)
demonstration submitted by Illinois is flawed and the commenter claims
that there are in fact significant emission reduction losses resulting
from the removal of the Stage II program requirements in Illinois. The
commenter further claims that the increased emissions represent a
significant environmental, health and safety risk.
Response
The commenter's primary argument that Illinois' 110(l)
demonstration is ``flawed'' is not directly supported in the comments
submitted to EPA. The commenter does not provide any specific
information outlining how or why he believes the state's 110(l)
demonstration is unsound, or how approving the state's action would
represent a significant environmental, health and safety risk. The
state's SIP submittal, on the other hand, included an extensive
analysis using state specific data demonstrating that beginning in
2014, on-board refueling vapor recovery (ORVR) systems alone would
start providing greater reductions in refueling emissions than the
simultaneous use of ORVR and Stage II in the Chicago ozone NAA. The
commenter submitted only general calculations deriving the increase in
refueling emissions, but the methodology and data used for calculating
the stated emissions impacts are unexplained and appear to be based on
incomplete assumptions that on their own are not acceptable for SIP
demonstration purposes as they do not use state specific information,
including vehicle miles traveled, fuel Reid vapor pressure,
meteorological data, and vehicle population. Further, the commenter's
calculations do not take into consideration the incompatibility issue
between some Stage II systems and ORVR systems that is being addressed
through the state's Stage II decommissioning process. EPA has provided
guidance to states on how the compatibility factor should be
incorporated into SIP revisions for Stage II programs. Specifically,
EPA issued guidance including a document entitled ``Guidance on
Removing Stage II Gasoline Vapor Control Programs from State
Implementation Plans and Assessing Comparable Measures,'' EPA457/B-12-
001 (August 7, 2012). IEPA's calculations are consistent with EPA
guidance and take the compatibility factor into account. After
considering the commenter's concerns and re-examining Illinois' SIP
submittal, including the state's responses to similar issues raised by
the commenter during the state's rule development process, EPA
continues to find that IEPA's modeling demonstration supports phasing
out the state's Stage II vapor recovery systems and complies with the
CAA section 110(l) ``anti-backsliding'' provisions.
III. What action is EPA taking?
EPA is approving the revisions to the Illinois ozone SIP submitted
on January 17, 2014, concerning the State's Stage II vapor recovery
program standards in Illinois. EPA is also approving amendments to 35
Ill. Adm. Code Parts
[[Page 13250]]
201, 218, and 219 to make necessary updates and to be consistent with
the repeal of the Stage II program standards. EPA finds that the
revisions will not interfere with any applicable requirement concerning
attainment, reasonable further progress or any other applicable CAA
requirement.
IV. 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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
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);
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, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
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 May 12, 2015. 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. 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: January 30, 2015.
Bharat Mathur,
Acting Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
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2. Section 52.720 is amended by adding paragraph (c)(203) to read as
follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(203) On January 17, 2013, the Illinois Environmental Protection
Agency submitted a request to phase out Stage II vapor recovery
standards at 35 Ill. Adm. Code 218.586 and to make other related
revisions to 35 Ill. Adm. Code Parts 201, 218, and 219.
(i) Incorporation by reference.
(A) Illinois Administrative Code, Title 35: Environmental
Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control
Board, Subchapter a: Permits and General Provisions, Part 201, Permits
and General Provisions, Subpart C: Prohibitions, Section 201.146,
Exemptions from State Permit Requirements, and Subpart K: Records and
Reports, Section 201.302, Reports, effective December 23, 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 218, Organic Material Emission Standards and Limitations
for the Chicago Area, Subpart A: General Provisions, Section 218.112,
Incorporations by Reference, Subpart Y: Gasoline Distribution, Section
218.583, Gasoline Dispensing Operations--Storage Tank Filling
Operations and Section 218.586, Gasoline Dispensing Operations--Motor
Vehicle Fueling Operations, effective December 23, 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 219, Organic Material Emission Standards and Limitations
for the Metro East Area, Subpart A: General Provisions, Section
219.105, Test Methods and Procedures, and Section 219.112,
Incorporations by Reference, Subpart Y: Gasoline Distribution, Section
219.583, Gasoline Dispensing Operations--Storage Tank Filling
Operations, effective December 23, 2013.
[FR Doc. 2015-05649 Filed 3-12-15; 8:45 am]
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