80_FR_13297 80 FR 13248 - Approval and Promulgation of Air Quality Implementation Plans; Illinois; Amendments to Gasoline Vapor Recovery Requirements for Illinois

80 FR 13248 - Approval and Promulgation of Air Quality Implementation Plans; Illinois; Amendments to Gasoline Vapor Recovery Requirements for Illinois

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 49 (March 13, 2015)

Page Range13248-13250
FR Document2015-05649

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 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.

Federal Register, Volume 80 Issue 49 (Friday, March 13, 2015)
[Federal Register Volume 80, Number 49 (Friday, March 13, 2015)]
[Rules and Regulations]
[Pages 13248-13250]
From the Federal Register Online  [www.thefederalregister.org]
[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.

-----------------------------------------------------------------------

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

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 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]
 BILLING CODE 6560-50-P



                                            13248               Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Rules and Regulations

                                            4. Collection of Information                            11. Indian Tribal Governments                         PART 165—REGULATED NAVIGATION
                                               This rule will not call for a new                                                                          AREAS AND LIMITED ACCESS AREAS
                                                                                                       This rule does not have tribal
                                            collection of information under the                     implications under Executive Order
                                            Paperwork Reduction Act of 1995 (44                                                                           ■ 1. The authority citation for Part 165
                                                                                                    13175, Consultation and Coordination                  continues to read as follows:
                                            U.S.C. 3501–3State Route 520).
                                                                                                    with Indian Tribal Governments,                         Authority: 33 U.S.C. 1231; 46 U.S.C.
                                            5. Federalism                                           because it does not have a substantial                Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
                                               A rule has implications for federalism               direct effect on one or more Indian                   33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
                                            under Executive Order 13132,                            tribes, on the relationship between the               107–295, 116 Stat. 2064; Department of
                                            Federalism, if it has a substantial direct              Federal Government and Indian tribes,                 Homeland Security Delegation No. 0170.1
                                            effect on the States, on the relationship               or on the distribution of power and                   ■ 2. Add § 165.T13–283 to read as
                                            between the national government and                     responsibilities between the Federal                  follows:
                                            the States, or on the distribution of                   Government and Indian tribes.
                                            power and responsibilities among the                                                                          § 165.T13–283 Safety Zone; State Route
                                            various levels of government. We have                   12. Energy Effects                                    520 Bridge, Lake Washington; Seattle, WA.
                                            analyzed this rule under that Order and                   This action is not a ‘‘significant                    (a) Location. The following areas are
                                            determined that this rule does not have                 energy action’’ under Executive Order                 designated as a safety zone: All waters
                                            implications for federalism.                            13211, Actions Concerning Regulations                 within 100 yards of the east span of the
                                                                                                                                                          State Route 520 Bridge, located on Lake
                                            6. Protest Activities                                   That Significantly Affect Energy Supply,
                                                                                                                                                          Washington at the following point:
                                               The Coast Guard respects the First                   Distribution, or Use.
                                                                                                                                                          47°38′16.4″ N, 122°14′31.4″ W.
                                            Amendment rights of protesters.                         13. Technical Standards                                 (b) Regulations. In accordance with
                                            Protesters are asked to contact the                                                                           the general regulations in 33 CFR part
                                            person listed in the FOR FURTHER                          This rule does not use technical                    165, subpart C, vessels wishing to enter
                                            INFORMATION CONTACT section to                          standards. Therefore, we did not                      the zone must request permission for
                                            coordinate protest activities so that your              consider the use of voluntary consensus               entry by contacting the Joint Harbor
                                            message can be received without                         standards.                                            Operation Center at 206–217–6001.
                                            jeopardizing the safety or security of                                                                        Once permission for entry is granted
                                            people, places or vessels.                              14. Environment
                                                                                                                                                          vessels must proceed at a minimum
                                            7. Unfunded Mandates Reform Act                            We have analyzed this rule under                   speed for safe navigation.
                                                                                                    Department of Homeland Security                         (c) Dates. This rule will be enforced
                                               The Unfunded Mandates Reform Act                                                                           on days during which construction
                                            of 1995 (2 U.S.C. 1531–1538) requires                   Management Directive 023–01 and
                                                                                                    Commandant Instruction M16475.lD,                     operations occur, from 3 a.m. to 11 a.m.,
                                            Federal agencies to assess the effects of                                                                     or until the construction barge has
                                            their discretionary regulatory actions. In              which guide the Coast Guard in
                                                                                                                                                          departed from the waterway under the
                                            particular, the Act addresses actions                   complying with the National
                                                                                                                                                          east span, starting on February 18, 2015,
                                            that may result in the expenditure by a                 Environmental Policy Act of 1969
                                                                                                                                                          until May 30, 2015.
                                            State, local, or tribal government, in the              (NEPA)(42 U.S.C. 4321–4370f), and
                                            aggregate, or by the private sector of                  have determined that this action is one                 Dated: February 18, 2015.
                                            $100,000,000 (adjusted for inflation) or                of a category of actions that do not                  M. W. Raymond,
                                            more in any one year. Though this rule                  individually or cumulatively have a                   Captain, U.S. Coast Guard, Captain of the
                                            will not result in such expenditure, we                 significant effect on the human                       Port, Puget Sound.
                                            do discuss the effects of this rule                     environment. This rule involves a 100                 [FR Doc. 2015–05741 Filed 3–12–15; 8:45 am]
                                            elsewhere in this preamble.                             yard temporary safety zone around the                 BILLING CODE 9110–04–P

                                            8. Taking of Private Property                           east span of the State Route 520 Bridge.
                                                                                                    The rule will prevent any vessel from
                                               This rule will not cause a taking of                 approaching within 100 yards of the                   ENVIRONMENTAL PROTECTION
                                            private property or otherwise have                      east span during periods of construction              AGENCY
                                            taking implications under Executive                     with permission of the Captain of the
                                            Order 12630, Governmental Actions and                   Port. This rule is categorically excluded
                                                                                                                                                          40 CFR Part 52
                                            Interference with Constitutionally
                                                                                                    from further review under paragraph                   [EPA–R05–OAR–2014–0123; FRL–9922–71–
                                            Protected Property Rights.                                                                                    Region 5]
                                                                                                    34(g) of Figure 2–1 of the Commandant
                                            9. Civil Justice Reform                                 Instruction. An environmental analysis
                                                                                                    checklist supporting this determination               Approval and Promulgation of Air
                                               This rule meets applicable standards                                                                       Quality Implementation Plans; Illinois;
                                            in sections 3(a) and 3(b)(2) of Executive               and a Categorical Exclusion
                                                                                                                                                          Amendments to Gasoline Vapor
                                            Order 12988, Civil Justice Reform, to                   Determination are available in the
                                                                                                                                                          Recovery Requirements for Illinois
                                            minimize litigation, eliminate                          docket where indicated under
                                            ambiguity, and reduce burden.                           ADDRESSES.                                            AGENCY:  Environmental Protection
                                                                                                                                                          Agency (EPA).
                                            10. Protection of Children                              List of Subjects in 33 CFR Part 165
                                                                                                                                                          ACTION: Final rule.
                                              We have analyzed this rule under                        Harbors, Marine safety, Navigation
                                            Executive Order 13045, Protection of                    (water), Reporting and recordkeeping                  SUMMARY:  The Environmental Protection
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                                            Children from Environmental Health                      requirements, Security measures,                      Agency (EPA) is approving a state
                                            Risks and Safety Risks. This rule is not                Waterways.                                            implementation plan (SIP) revision
                                            an economically significant rule and                                                                          submitted by the Illinois Environmental
                                            does not create an environmental risk to                  For the reasons discussed in the                    Protection Agency (IEPA) on January 17,
                                            health or risk to safety that may                       preamble, the Coast Guard amends 33                   2014, concerning the state’s gasoline
                                            disproportionately affect children.                     CFR part 165 as follows:                              vapor recovery requirements. The


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                                                                Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Rules and Regulations                                         13249

                                            revision phases out the Stage II vapor                  EPA. This supplementary information                   ‘‘flawed’’ is not directly supported in
                                            recovery (Stage II) program                             section is arranged as follows:                       the comments submitted to EPA. The
                                            requirements in the Illinois portion of                 I. What is being addressed by this document?          commenter does not provide any
                                            the Chicago ozone nonattainment area                    II. What is our response to comments                  specific information outlining how or
                                            (NAA) as a component of the Illinois                         received on the notice of proposed               why he believes the state’s 110(l)
                                            ozone SIP. To be consistent with the                         rulemaking?                                      demonstration is unsound, or how
                                            repeal of the Stage II program                          III. What action is EPA taking?                       approving the state’s action would
                                            requirements, the SIP revision also                     IV. Statutory and Executive Order Reviews.            represent a significant environmental,
                                            includes amendments to the state’s                      I. What is being addressed by this                    health and safety risk. The state’s SIP
                                            permitting regulations applicable to                    document?                                             submittal, on the other hand, included
                                            storage tanks and fuel dispensing,                                                                            an extensive analysis using state
                                            including repealing the Stage I vapor                      On October 17, 2014, EPA published                 specific data demonstrating that
                                            recovery (Stage I) registration provisions              proposed (79 FR 62378) and direct final               beginning in 2014, on-board refueling
                                            due to overlapping Federal notification                 (79 FR 62352) rules approving revisions               vapor recovery (ORVR) systems alone
                                            requirements and state tracking systems                 to the Illinois ozone SIP submitted on                would start providing greater reductions
                                            for gasoline dispensing operations.                     January 17, 2014, concerning the State’s              in refueling emissions than the
                                            Finally, the SIP revision includes other                Stage II vapor recovery program                       simultaneous use of ORVR and Stage II
                                            clarifying and clean-up amendments at                   requirements in Illinois. The rules also              in the Chicago ozone NAA. The
                                            35 Ill. Adm. Code Parts 201, 218, and                   included amendments to 35 Ill. Adm.                   commenter submitted only general
                                            219. The submittal also includes a                      Code Parts 201, 218, and 219 to make                  calculations deriving the increase in
                                            demonstration under section 110(l) of                   necessary updates and to be consistent                refueling emissions, but the
                                            the Clean Air Act (CAA) that shows                      with the repeal of the Stage II program               methodology and data used for
                                            there are no emissions impacts                          standards. A full list of the regulatory              calculating the stated emissions impacts
                                            associated with the removal of the                      changes submitted by Illinois for EPA                 are unexplained and appear to be based
                                            program. A proposed rule approving                      approval included:                                    on incomplete assumptions that on their
                                            IEPA’s submittal was published in the                      • Revisions to 35 Ill. Adm. Code                   own are not acceptable for SIP
                                            Federal Register on October 17, 2014.                   201.146 and 201.302 adopted at 38 Ill.                demonstration purposes as they do not
                                                                                                    Reg. 1005, effective December 23, 2013.               use state specific information, including
                                            DATES: This final rule is effective on                     • Revisions to 35 Ill. Adm. Code                   vehicle miles traveled, fuel Reid vapor
                                            April 13, 2015.                                         218.112, 218.583, and 218.586 adopted                 pressure, meteorological data, and
                                            ADDRESSES: EPA has established a                        at 38 Ill. Reg. 1032, effective December              vehicle population. Further, the
                                            docket for this action under Docket ID                  23, 2013.                                             commenter’s calculations do not take
                                            No. EPA–R05–OAR–2014–0123. All                             • Revisions to 35 Ill. Adm. Code                   into consideration the incompatibility
                                            documents in the docket are listed in                   219.105, 219.112, and 218.583 adopted                 issue between some Stage II systems and
                                            the www.regulations.gov Web site.                       at 38 Ill. Reg. 1061, effective December              ORVR systems that is being addressed
                                            Although listed in the index, some                      23, 2013.                                             through the state’s Stage II
                                            information is not publicly available,                     EPA subsequently received adverse                  decommissioning process. EPA has
                                            e.g., Confidential Business Information                 comments on the direct final rule and                 provided guidance to states on how the
                                            or other information whose disclosure is                withdrew it on December 10, 2014 (79                  compatibility factor should be
                                            restricted by statute. Certain other                    FR 73202). The proposal was not                       incorporated into SIP revisions for Stage
                                            material, such as copyrighted material,                 withdrawn and remained in effect. In                  II programs. Specifically, EPA issued
                                            is not placed on the Internet and will be               this action we are responding to the                  guidance including a document entitled
                                            publicly available only in hard copy                    comments and taking final action to                   ‘‘Guidance on Removing Stage II
                                            form. Publicly available docket                         approve Illinois’ SIP revision request                Gasoline Vapor Control Programs from
                                            materials are available either                          submitted on January 17, 2004.                        State Implementation Plans and
                                            electronically through                                                                                        Assessing Comparable Measures,’’
                                                                                                    II. What is our response to comments
                                            www.regulations.gov or in hard copy at                                                                        EPA457/B–12–001 (August 7, 2012).
                                                                                                    received on the notice of proposed
                                            the Environmental Protection Agency,                                                                          IEPA’s calculations are consistent with
                                                                                                    rulemaking?
                                            Region 5, Air and Radiation Division, 77                                                                      EPA guidance and take the
                                            West Jackson Boulevard, Chicago,                           EPA only received one adverse                      compatibility factor into account. After
                                            Illinois 60604. This facility is open from              comment on the October 17, 2014,                      considering the commenter’s concerns
                                            8:30 a.m. to 4:30 p.m., Monday through                  proposed approval of this Illinois rule.              and re-examining Illinois’ SIP submittal,
                                            Friday, excluding Federal holidays. We                  We are responding to the commenter                    including the state’s responses to
                                            recommend that you telephone                            who disagreed with our action.                        similar issues raised by the commenter
                                            Francisco J. Acevedo, Mobile Source                        Comment. The commenter notes that                  during the state’s rule development
                                            Program Manager, at (312) 886–6061,                     the CAA section 110(l) demonstration                  process, EPA continues to find that
                                            before visiting the Region 5 office.                    submitted by Illinois is flawed and the               IEPA’s modeling demonstration
                                                                                                    commenter claims that there are in fact               supports phasing out the state’s Stage II
                                            FOR FURTHER INFORMATION CONTACT:
                                                                                                    significant emission reduction losses                 vapor recovery systems and complies
                                            Francisco J. Acevedo, Mobile Source                     resulting from the removal of the Stage               with the CAA section 110(l) ‘‘anti-
                                            Program Manager, Control Strategies                     II program requirements in Illinois. The              backsliding’’ provisions.
                                            Section, Air Programs Branch (AR–18J),                  commenter further claims that the
                                            Environmental Protection Agency,                                                                              III. What action is EPA taking?
                                                                                                    increased emissions represent a
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                                            Region 5, 77 West Jackson Boulevard,                    significant environmental, health and                    EPA is approving the revisions to the
                                            Chicago, Illinois 60604, (312) 886–6061,                safety risk.                                          Illinois ozone SIP submitted on January
                                            acevedo.francisco@epa.gov.                                                                                    17, 2014, concerning the State’s Stage II
                                            SUPPLEMENTARY INFORMATION:
                                                                                                    Response                                              vapor recovery program standards in
                                            Throughout this document whenever                         The commenter’s primary argument                    Illinois. EPA is also approving
                                            ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean             that Illinois’ 110(l) demonstration is                amendments to 35 Ill. Adm. Code Parts


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                                            13250               Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Rules and Regulations

                                            201, 218, and 219 to make necessary                        In addition, the SIP is not approved               § 52.720   Identification of plan.
                                            updates and to be consistent with the                   to apply on any Indian reservation land               *       *    *    *     *
                                            repeal of the Stage II program standards.               or in any other area where EPA or an
                                                                                                                                                             (c) * * *
                                            EPA finds that the revisions will not                   Indian tribe has demonstrated that a
                                            interfere with any applicable                           tribe has jurisdiction. In those areas of                (203) On January 17, 2013, the Illinois
                                            requirement concerning attainment,                      Indian country, the rule does not have                Environmental Protection Agency
                                            reasonable further progress or any other                tribal implications and will not impose               submitted a request to phase out Stage
                                            applicable CAA requirement.                             substantial direct costs on tribal                    II vapor recovery standards at 35 Ill.
                                                                                                    governments or preempt tribal law as                  Adm. Code 218.586 and to make other
                                            IV. Statutory and Executive Order                       specified by Executive Order 13175 (65                related revisions to 35 Ill. Adm. Code
                                            Reviews                                                 FR 67249, November 9, 2000).                          Parts 201, 218, and 219.
                                               Under the CAA, the Administrator is                     The Congressional Review Act, 5
                                            required to approve a SIP submission                    U.S.C. 801 et seq., as added by the Small                (i) Incorporation by reference.
                                            that complies with the provisions of the                Business Regulatory Enforcement                          (A) Illinois Administrative Code, Title
                                            CAA and applicable Federal regulations                  Fairness Act of 1996, generally provides              35: Environmental Protection, Subtitle
                                            42 U.S.C. 7410(k); 40 CFR 52.02(a).                     that before a rule may take effect, the               B: Air Pollution, Chapter I: Pollution
                                            Thus, in reviewing SIP submissions,                     agency promulgating the rule must                     Control Board, Subchapter a: Permits
                                            EPA’s role is to approve state choices,                 submit a rule report, which includes a                and General Provisions, Part 201,
                                            provided that they meet the criteria of                 copy of the rule, to each House of the                Permits and General Provisions, Subpart
                                            the CAA. Accordingly, this action                       Congress and to the Comptroller General               C: Prohibitions, Section 201.146,
                                            merely approves state law as meeting                    of the United States. EPA will submit a               Exemptions from State Permit
                                            Federal requirements and does not                       report containing this action and other               Requirements, and Subpart K: Records
                                            impose additional requirements beyond                   required information to the U.S. Senate,              and Reports, Section 201.302, Reports,
                                            those imposed by state law. For that                    the U.S. House of Representatives, and                effective December 23, 2013.
                                            reason, this action:                                    the Comptroller General of the United
                                               • Is not a ‘‘significant regulatory                  States prior to publication of the rule in               (B) Illinois Administrative Code, Title
                                            action’’ subject to review by the Office                the Federal Register. A major rule                    35: Environmental Protection, Subtitle
                                            of Management and Budget under                          cannot take effect until 60 days after it             B: Air Pollution, Chapter I: Pollution
                                            Executive Orders 12866 (58 FR 51735,                    is published in the Federal Register.                 Control Board, Subchapter c: Emission
                                            October 4, 1993) and 13563 (76 FR 3821,                 This action is not a ‘‘major rule’’ as                Standards and Limitations for
                                            January 21, 2011);                                      defined by 5 U.S.C. 804(2).                           Stationary Sources, Part 218, Organic
                                               • does not impose an information                        Under section 307(b)(1) of the CAA,                Material Emission Standards and
                                            collection burden under the provisions                  petitions for judicial review of this                 Limitations for the Chicago Area,
                                            of the Paperwork Reduction Act (44                      action must be filed in the United States             Subpart A: General Provisions, Section
                                            U.S.C. 3501 et seq.);                                   Court of Appeals for the appropriate                  218.112, Incorporations by Reference,
                                               • is certified as not having a                       circuit by May 12, 2015. Filing a                     Subpart Y: Gasoline Distribution,
                                            significant economic impact on a                        petition for reconsideration by the                   Section 218.583, Gasoline Dispensing
                                            substantial number of small entities                    Administrator of this final rule does not             Operations—Storage Tank Filling
                                            under the Regulatory Flexibility Act (5                 affect the finality of this action for the            Operations and Section 218.586,
                                            U.S.C. 601 et seq.);                                    purposes of judicial review nor does it
                                                                                                                                                          Gasoline Dispensing Operations—Motor
                                               • does not contain any unfunded                      extend the time within which a petition
                                                                                                                                                          Vehicle Fueling Operations, effective
                                            mandate or significantly or uniquely                    for judicial review may be filed, and
                                                                                                                                                          December 23, 2013.
                                            affect small governments, as described                  shall not postpone the effectiveness of
                                            in the Unfunded Mandates Reform Act                     such rule or action. This action may not                 (C) Illinois Administrative Code, Title
                                            of 1995 (Pub. L. 104–4);                                be challenged later in proceedings to                 35: Environmental Protection, Subtitle
                                               • does not have Federalism                           enforce its requirements. (See section                B: Air Pollution, Chapter I: Pollution
                                            implications as specified in Executive                  307(b)(2).)                                           Control Board, Subchapter c: Emission
                                            Order 13132 (64 FR 43255, August 10,                                                                          Standards and Limitations for
                                                                                                    List of Subjects in 40 CFR Part 52
                                            1999);                                                                                                        Stationary Sources, Part 219, Organic
                                               • is not an economically significant                   Environmental protection, Air                       Material Emission Standards and
                                            regulatory action based on health or                    pollution control, Incorporation by                   Limitations for the Metro East Area,
                                            safety risks subject to Executive Order                 reference, Oxides of nitrogen, Ozone,                 Subpart A: General Provisions, Section
                                            13045 (62 FR 19885, April 23, 1997);                    Volatile organic compounds.                           219.105, Test Methods and Procedures,
                                               • is not a significant regulatory action               Dated: January 30, 2015.                            and Section 219.112, Incorporations by
                                            subject to Executive Order 13211 (66 FR                 Bharat Mathur,                                        Reference, Subpart Y: Gasoline
                                            28355, May 22, 2001);                                   Acting Regional Administrator, Region 5.
                                               • is not subject to requirements of                                                                        Distribution, Section 219.583, Gasoline
                                            Section 12(d) of the National                               40 CFR part 52 is amended as follows:             Dispensing Operations—Storage Tank
                                            Technology Transfer and Advancement                                                                           Filling Operations, effective December
                                            Act of 1995 (15 U.S.C. 272 note) because                PART 52—APPROVAL AND                                  23, 2013.
                                            application of those requirements would                 PROMULGATION OF                                       [FR Doc. 2015–05649 Filed 3–12–15; 8:45 am]
                                            be inconsistent with the CAA; and                       IMPLEMENTATION PLANS
                                                                                                                                                          BILLING CODE 6560–50–P
                                               • does not provide EPA with the
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                                                                                                    ■ 1. The authority citation for part 52
                                            discretionary authority to address, as                  continues to read as follows:
                                            appropriate, disproportionate human
                                            health or environmental effects, using                      Authority: 42 U.S.C. 7401 et seq.
                                            practicable and legally permissible                     ■ 2. Section 52.720 is amended by
                                            methods, under Executive Order 12898                    adding paragraph (c)(203) to read as
                                            (59 FR 7629, February 16, 1994).                        follows:


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Document Created: 2015-12-18 11:41:55
Document Modified: 2015-12-18 11:41:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective on April 13, 2015.
ContactFrancisco 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, [email protected]
FR Citation80 FR 13248 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Oxides of Nitrogen; Ozone and Volatile Organic Compounds

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