Approval and Promulgation of Air Quality Implementation Plans; Illinois; Ford Motor Company Adjusted Standard, 52464-52467 [E6-14543]

Download as PDF 52464 Federal Register / Vol. 71, No. 172 / Wednesday, September 6, 2006 / Rules and Regulations Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 6, 2006. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. See Clean Air Act section 307(b)(2). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: August 25, 2006. A. Stanley Meiburg, Acting Regional Administrator, Region 4. I 40 CFR part 52 is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: I Authority: 42 U.S.C. 7401 et seq. a. In paragraph (c) by removing entries for 401 KAR 50:035 titled ‘‘Permits’’ and 401 KAR 50:032 titled ‘‘Prohibitory rule for hot mix asphalt plants’’, I b. In paragraph (c) adding in numerical order a new chapter heading ‘‘Chapter 52 Permits, Registrations, and Prohibitory Rules’’ and entries for 401 KAR 52:001 titled ‘‘Definitions for 401 KAR Chapter 52’’, 401 KAR 52:030 titled ‘‘Federally enforceable permits for non-major sources’’, 401 KAR 52:090 titled ‘‘Prohibitory rule for hot mix asphalt plants’’ and 401 KAR 52:100 titled ‘‘Public, affected state, and U.S. EPA review’’ to read as follows: I Subpart S—Kentucky § 52.920 2. Section 52.920(c) Table 1 is amended: * I Identification of plan. * * (c) * * * * * TABLE 1.—EPA-APPROVED KENTUCKY REGULATIONS State citation State effective date Title/subject * * * * * Chapter 52 Permits, Registrations, and Prohibitory Rules 401 KAR 52:001 ................ Definitions for 401 KAR Chapter 52 ............................. 01/15/01 401 KAR 52:030 ................ Federally enforceable permits for non-major sources .. 01/15/01 401 KAR 52:090 ................ Prohibitory rule for hot mix asphalt plants .................... 01/15/01 401 KAR 52:100 ................ Public, affected state, and U.S. EPA review ................ 01/15/01 * * * * * * * * [FR Doc. 06–7415 Filed 9–5–06; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2006–0436; FRL–8214–2] Approval and Promulgation of Air Quality Implementation Plans; Illinois; Ford Motor Company Adjusted Standard Environmental Protection Agency (EPA). ACTION: Direct final rule. jlentini on PROD1PC65 with RULES AGENCY: SUMMARY: The Environmental Protection Agency (EPA) is approving a January 4, 2006, request from Illinois for a site specific revision to the State Implementation Plan (SIP) for the Ford Motor Company (Ford). The revision will allow Ford to discontinue use of its Stage II vapor recovery system (Stage II) VerDate Aug<31>2005 16:42 Sep 05, 2006 EPA approval date Jkt 205001 * Frm 00062 Fmt 4700 09/06/06 [Insert publication]. 09/06/06 [Insert publication]. 09/06/06 [Insert publication]. 09/06/06 [Insert publication]. * at its Chicago Assembly Plant. In place of Stage II, Ford will comply with the standards of the federal onboard refueling vapor recovery (ORVR) regulations, as well as meet other minor conditions. The exclusive use of ORVR will provide at least an equivalent amount of gasoline vapor capture as Stage II. DATES: This direct final rule will be effective November 6, 2006, unless EPA receives adverse comments by October 6, 2006. 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–2006–0436, by one of the following methods: • https://www.regulations.gov: Follow the on-line instructions for submitting comments. • E-mail: mooney.john@epa.gov. • Fax: (312) 886–5824. • Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air Programs PO 00000 * Sfmt 4700 * Explanation * citation of citation of citation of citation of * Branch (AR–18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. • Hand Delivery: John M. Mooney, Chief, Criteria Pollutant 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–2006– 0436. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information E:\FR\FM\06SER1.SGM 06SER1 Federal Register / Vol. 71, No. 172 / Wednesday, September 6, 2006 / Rules and Regulations whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or e-mail. 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 e-mail comment directly to EPA without going through www.regulations.gov your e-mail 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. For additional instructions on submitting comments, go to Section I of the SUPPLEMENTARY INFORMATION section of this document. 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 either electronically in https:// 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 legal holidays. We recommend that you telephone Julie Henning, Environmental Protection Specialist, at (312) 886–4882 before visiting the Region 5 office. Julie Henning, Environmental Protection Specialist, State and Tribal Planning Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–4882, henning.julie@epa.gov. jlentini on PROD1PC65 with RULES FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. This supplementary information section is arranged as follows: VerDate Aug<31>2005 16:42 Sep 05, 2006 Jkt 205001 I. What Should I Consider as I Prepare My Comments for EPA? II. Why Did Ford Request an Adjusted Standard from the State? III. What Are the Environmental Effects of This Action? IV. What Action Is EPA Taking Today? V. Statutory and Executive Order Reviews I. What Should I Consider as I Prepare My Comments for EPA? A. Submitting CBI Do not submit this information to EPA through www.regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI). In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. B. Tips for Preparing Your Comments When submitting comments, remember to: 1. Identify the rulemaking by docket number and other identifying information (subject heading, Federal Register date and page number). 2. Follow directions—The EPA may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part or section number. 3. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. 4. Describe any assumptions and provide any technical information and/ or data that you used. 5. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. 6. Provide specific examples to illustrate your concerns, and suggest alternatives. 7. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. 8. Make sure to submit your comments by the comment period deadline identified. II. Why Did Ford Request an Adjusted Standard From the State? Pursuant to requirements at 35 Illinois Administrative Code 218.586, Ford has been using and maintaining a vapor PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 52465 collection and control system (Stage II) at the Chicago Assembly Plant, which is certified as having a vapor recovery and removal efficiency of at least 95%. In addition, Section 202(a)(6) of the Clean Air Act (CAA) requires that automobile manufacturers such as Ford incorporate onboard refueling vapor recovery (ORVR) systems in new cars that recover at least 95% of the gasoline vapors displaced during the refueling of vehicles, with the intent that ORVR would fully replace the Stage II system once the ORVR systems were in widespread use throughout the motor vehicle fleet. Only ORVR-equipped vehicles can be fueled at this facility, therefore, the Stage II system at the Chicago Assembly Plant can be discontinued because it is a redundant control system. III. What Are the Environmental Effects of This Action? The overall amount of gasoline vapor emissions emitted to the atmosphere will not change as a result of this action, and the action will therefore have no environmental effect. The Stage II system has a 95% vapor recovery. Every vehicle fueled with the Stage II system, however, is already equipped with ORVR, which also captures at least 95% of evaporative gasoline emissions. ORVR therefore fully displaces the need for Stage II vapor recovery at the Chicago Assembly Plant. IV. What Action Is EPA Taking Today? EPA is approving changes to the Illinois SIP to grant an adjusted standard that will allow Ford to discontinue use of its Stage II vapor recovery system at its Chicago Assembly Plant. 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 November 6, 2006 without further notice unless we receive relevant adverse written comments by October 6, 2006. 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. The EPA will not institute a second comment period. Any parties interested in commenting on this action should do so E:\FR\FM\06SER1.SGM 06SER1 52466 Federal Register / Vol. 71, No. 172 / Wednesday, September 6, 2006 / Rules and Regulations at this time. If we do not receive any comments, this action will be effective November 6, 2006. V. Statutory and Executive Order Reviews. Executive Order 12866; Regulatory Planning and Review Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ‘‘significant regulatory action’’ and therefore is not subject to review by the Office of Management and Budget. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use Because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 or a ‘‘significant energy action,’’ this action is also not subject to Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001). Regulatory Flexibility Act This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Unfunded Mandates Reform Act Because this rule approves preexisting requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it 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). jlentini on PROD1PC65 with RULES Executive Order 13175 Consultation and Coordination With Indian Tribal Governments This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (59 FR 22951, November 9, 2000). Executive Order 13132 Federalism This action also does not have federalism implications because it does not have substantial direct effects on the states, on the relationship between the VerDate Aug<31>2005 16:42 Sep 05, 2006 Jkt 205001 national government and the states, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely approves a state rule implementing a federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. Executive Order 13045 Protection of Children From Environmental Health Risks and Safety Risks This rule also is not subject to Executive Order 13045 ‘‘Protection of Children from Environmental Health Risks and Safety Risks’’ (62 FR 19885, April 23, 1997), because it is not economically significant. National Technology Transfer Advancement Act In reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the state to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 6, 2006. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: August 17, 2006. Norman Niedergang, Acting Regional Administrator, Region 5. For the reasons stated in the preamble, part 52, chapter I, of title 40 of the Code of Federal Regulations is amended as follows: I PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: I Authority: 42 U.S.C. 7401 et seq. Paperwork Reduction Act This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 Subpart O—Illinois 2. Section 52.720 is amended by adding and reserving paragraph (c)(174) and adding paragraph (c)(175) to read as follows: I § 52.720 Identification of plan. * * * * * (c) * * * (174) [Reserved] (175) On January 4, 2006, Illinois submitted a site-specific State Implementation Plan revision for the Ford Motor Company (Ford) Chicago Assembly Plant. The revision allows Ford to discontinue use of its Stage II vapor recovery system and requires instead that Ford comply with federal onboard refueling vapor recovery regulations and other conditions. (i) Incorporation by reference. (A) September 1, 2005, Opinion and Order of the Illinois Pollution Control E:\FR\FM\06SER1.SGM 06SER1 Federal Register / Vol. 71, No. 172 / Wednesday, September 6, 2006 / Rules and Regulations Board, AS 05–5, effective September 1, 2005. [FR Doc. E6–14543 Filed 9–5–06; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [MI–87–1; FRL–8214–1] Approval and Promulgation of Air Quality Implementation Plans; Michigan; Revised Format of 40 CFR Part 52 for Materials Being Incorporated by Reference Environmental Protection Agency (EPA). ACTION: Final rule; Notice of administrative change. jlentini on PROD1PC65 with RULES AGENCY: SUMMARY: EPA is revising the format of materials submitted by the state of Michigan that are incorporated by reference (IBR) into its State Implementation Plan (SIP). The regulations affected by this format change have all been previously submitted by Michigan and approved by EPA. This format revision will primarily affect the ‘‘Identification of plan’’ section, as well as the format of the SIP materials that will be available for public inspection at the National Archives and Records Administration (NARA), the Air and Radiation Docket and Information Center located at EPA Headquarters in Washington, DC, and the EPA Region 5 Office. EPA is also adding a table in the ‘‘Identification of plan’’ section which summarizes the approval actions that EPA has taken on the non-regulatory and quasi-regulatory portions of the Michigan SIP. The sections pertaining to provisions promulgated by EPA or state-submitted materials not subject to IBR review remain unchanged. DATES: Effective Date: This final rule is effective on September 6, 2006. ADDRESSES: SIP materials which are incorporated by reference into 40 CFR part 52 are available for inspection at the following locations: Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604; the Air and Radiation Docket and Information Center, EPA Headquarters Library, Infoterra Room (Room Number 3334), EPA West Building, 1301 Constitution Ave., NW., Washington, DC 20460, and the National Archives and Records Administration. If you wish to obtain materials from a docket in the EPA VerDate Aug<31>2005 16:42 Sep 05, 2006 Jkt 205001 Headquarters Library, please call the Office of Air and Radiation (OAR) Docket/Telephone number: (202) 566– 1742. For information on the availability of this material at NARA, call 202–741– 6030, or go to: https://www.archives.gov/ federal_register/ code_of_federal_regulations/ ibr_locations.html. FOR FURTHER INFORMATION CONTACT: Kathleen D’Agostino, Environmental Engineer, Criteria Pollutant Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–1767, dagostino.kathleen@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: Table of Contents I. Background A. Description of a SIP B. How EPA Enforces SIPs C. How the State and EPA Update the SIP D. How EPA Compiles the SIP E. How EPA Organizes the SIP Compilation F. Where You Can Find a Copy of the SIP Compilation G. The Format of the New Identification of Plan Section H. When a SIP Revision Becomes Federally Enforceable I. The Historical Record of SIP Revision Approvals II. What EPA Is Doing in This Action III. Statutory and Executive Order Reviews I. Background A. Description of a SIP Each state has a SIP containing the control measures and strategies used to attain and maintain the National Ambient Air Quality Standards (NAAQS). The SIP is extensive, containing elements covering a variety of subjects, such as air pollution control regulations, emission inventories, monitoring networks, attainment demonstrations, and enforcement mechanisms. B. How EPA Enforces SIPs Each state must formally adopt the control measures and strategies in the SIP after the public has had an opportunity to comment on them. They are then submitted to EPA as SIP revisions on which EPA must formally act. Once these control measures and strategies are approved by EPA, after notice and comment rulemaking, they are incorporated into the federally approved SIP and are identified in Title 40 of the Code of Federal Regulations part 52 (Approval and Promulgation of PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 52467 Implementation Plans), (40 CFR part 52). The actual state regulations approved by EPA are not reproduced in their entirety in 40 CFR part 52, but are ‘‘incorporated by reference,’’ which means that EPA has approved a given state regulation with a specific effective date. This format allows both EPA and the public to know which measures are contained in a given SIP and ensures that the state is enforcing the regulations. It also allows EPA and the public to take enforcement action, should a state not enforce its SIPapproved regulations. C. How the State and EPA Update the SIP The SIP is a living document which can be revised as necessary to address the unique air pollution problems in the state. Therefore, EPA must, from time to time, take action on SIP revisions containing new and/or revised regulations as being part of the SIP. On May 22, 1997 (62 FR 27968), EPA revised the procedures for incorporating by reference federally approved SIPs, as a result of consultations between EPA and the Office of the Federal Register (OFR). EPA began the process of developing: (1) A revised SIP document for each state that would be incorporated by reference under the provisions of title 1 CFR part 51; (2) a revised mechanism for announcing EPA approval of revisions to an applicable SIP and updating both the IBR document and the CFR; and (3) a revised format of the ‘‘Identification of plan’’ sections for each applicable subpart to reflect these revised IBR procedures. The description of the revised SIP document, IBR procedures, and ‘‘Identification of plan’’ format are discussed in further detail in the May 22, 1997, Federal Register document. D. How EPA Compiles the SIP The federally approved regulations, source-specific requirements, and nonregulatory provisions (entirely or portions of) submitted by each state agency have been organized by EPA into a ‘‘SIP compilation.’’ The SIP compilation contains the updated regulations, source-specific requirements, and nonregulatory provisions approved by EPA through previous rulemaking actions in the Federal Register. The compilation is contained in three-ring binders and will be updated, primarily on an annual basis. The nonregulatory provisions are available by contacting Kathleen D’Agostino at the Regional Office. E:\FR\FM\06SER1.SGM 06SER1

Agencies

[Federal Register Volume 71, Number 172 (Wednesday, September 6, 2006)]
[Rules and Regulations]
[Pages 52464-52467]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-14543]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2006-0436; FRL-8214-2]


Approval and Promulgation of Air Quality Implementation Plans; 
Illinois; Ford Motor Company Adjusted Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a 
January 4, 2006, request from Illinois for a site specific revision to 
the State Implementation Plan (SIP) for the Ford Motor Company (Ford). 
The revision will allow Ford to discontinue use of its Stage II vapor 
recovery system (Stage II) at its Chicago Assembly Plant. In place of 
Stage II, Ford will comply with the standards of the federal onboard 
refueling vapor recovery (ORVR) regulations, as well as meet other 
minor conditions. The exclusive use of ORVR will provide at least an 
equivalent amount of gasoline vapor capture as Stage II.

DATES: This direct final rule will be effective November 6, 2006, 
unless EPA receives adverse comments by October 6, 2006. 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-2006-0436, by one of the following methods:
     https://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: mooney.john@epa.gov.
     Fax: (312) 886-5824.
     Mail: John M. Mooney, Chief, Criteria Pollutant Section, 
Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 
West Jackson Boulevard, Chicago, Illinois 60604.
     Hand Delivery: John M. Mooney, Chief, Criteria Pollutant 
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-
2006-0436. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
https://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information

[[Page 52465]]

whose disclosure is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through 
www.regulations.gov or e-mail. 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 e-mail comment directly to EPA without 
going through www.regulations.gov your e-mail 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. For additional instructions on submitting 
comments, go to Section I of the SUPPLEMENTARY INFORMATION section of 
this document.
    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 either electronically 
in https://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 legal 
holidays. We recommend that you telephone Julie Henning, Environmental 
Protection Specialist, at (312) 886-4882 before visiting the Region 5 
office.

FOR FURTHER INFORMATION CONTACT: Julie Henning, Environmental 
Protection Specialist, State and Tribal Planning Section, Air Programs 
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-4882, 
henning.julie@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 Should I Consider as I Prepare My Comments for EPA?
II. Why Did Ford Request an Adjusted Standard from the State?
III. What Are the Environmental Effects of This Action?
IV. What Action Is EPA Taking Today?
V. Statutory and Executive Order Reviews

I. What Should I Consider as I Prepare My Comments for EPA?

A. Submitting CBI

    Do not submit this information to EPA through www.regulations.gov 
or e-mail. Clearly mark the part or all of the information that you 
claim to be CBI. For CBI information in a disk or CD ROM that you mail 
to EPA, mark the outside of the disk or CD ROM as CBI and then identify 
electronically within the disk or CD ROM the specific information that 
is claimed as CBI). In addition to one complete version of the comment 
that includes information claimed as CBI, a copy of the comment that 
does not contain the information claimed as CBI must be submitted for 
inclusion in the public docket. Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.

B. Tips for Preparing Your Comments

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    2. Follow directions--The EPA may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information 
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    6. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline 
identified.

II. Why Did Ford Request an Adjusted Standard From the State?

    Pursuant to requirements at 35 Illinois Administrative Code 
218.586, Ford has been using and maintaining a vapor collection and 
control system (Stage II) at the Chicago Assembly Plant, which is 
certified as having a vapor recovery and removal efficiency of at least 
95%. In addition, Section 202(a)(6) of the Clean Air Act (CAA) requires 
that automobile manufacturers such as Ford incorporate onboard 
refueling vapor recovery (ORVR) systems in new cars that recover at 
least 95% of the gasoline vapors displaced during the refueling of 
vehicles, with the intent that ORVR would fully replace the Stage II 
system once the ORVR systems were in widespread use throughout the 
motor vehicle fleet. Only ORVR-equipped vehicles can be fueled at this 
facility, therefore, the Stage II system at the Chicago Assembly Plant 
can be discontinued because it is a redundant control system.

III. What Are the Environmental Effects of This Action?

    The overall amount of gasoline vapor emissions emitted to the 
atmosphere will not change as a result of this action, and the action 
will therefore have no environmental effect. The Stage II system has a 
95% vapor recovery. Every vehicle fueled with the Stage II system, 
however, is already equipped with ORVR, which also captures at least 
95% of evaporative gasoline emissions. ORVR therefore fully displaces 
the need for Stage II vapor recovery at the Chicago Assembly Plant.

IV. What Action Is EPA Taking Today?

    EPA is approving changes to the Illinois SIP to grant an adjusted 
standard that will allow Ford to discontinue use of its Stage II vapor 
recovery system at its Chicago Assembly Plant.
    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 November 6, 
2006 without further notice unless we receive relevant adverse written 
comments by October 6, 2006. 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. The EPA will not institute a second 
comment period. Any parties interested in commenting on this action 
should do so

[[Page 52466]]

at this time. If we do not receive any comments, this action will be 
effective November 6, 2006.

V. Statutory and Executive Order Reviews.

Executive Order 12866; Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget.

Executive Order 13211: Actions That Significantly Affect Energy Supply, 
Distribution, or Use

    Because it is not a ``significant regulatory action'' under 
Executive Order 12866 or a ``significant energy action,'' this action 
is also not subject to Executive Order 13211, ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355, May 22, 2001).

Regulatory Flexibility Act

    This action merely approves state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this rule will not have a significant economic impact on a substantial 
number of small entities under the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.).

Unfunded Mandates Reform Act

    Because this rule approves pre-existing requirements under state 
law and does not impose any additional enforceable duty beyond that 
required by state law, it 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).

Executive Order 13175 Consultation and Coordination With Indian Tribal 
Governments

    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (59 
FR 22951, November 9, 2000).

Executive Order 13132 Federalism

    This action also does not have federalism implications because it 
does not have substantial direct effects on the states, on the 
relationship between the national government and the states, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132 (64 FR 43255, August 
10, 1999). This action merely approves a state rule implementing a 
federal standard, and does not alter the relationship or the 
distribution of power and responsibilities established in the Clean Air 
Act.

Executive Order 13045 Protection of Children From Environmental Health 
Risks and Safety Risks

    This rule also is not subject to Executive Order 13045 ``Protection 
of Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it is not economically significant.

National Technology Transfer Advancement Act

    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
state to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply.

Paperwork Reduction Act

    This rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by November 6, 2006. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: August 17, 2006.
Norman Niedergang,
Acting Regional Administrator, Region 5.

0
For the reasons stated in the preamble, part 52, chapter I, of title 40 
of the Code of Federal Regulations is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart O--Illinois

0
2. Section 52.720 is amended by adding and reserving paragraph (c)(174) 
and adding paragraph (c)(175) to read as follows:


Sec.  52.720  Identification of plan.

* * * * *
    (c) * * *
    (174) [Reserved]
    (175) On January 4, 2006, Illinois submitted a site-specific State 
Implementation Plan revision for the Ford Motor Company (Ford) Chicago 
Assembly Plant. The revision allows Ford to discontinue use of its 
Stage II vapor recovery system and requires instead that Ford comply 
with federal onboard refueling vapor recovery regulations and other 
conditions.
    (i) Incorporation by reference.
    (A) September 1, 2005, Opinion and Order of the Illinois Pollution 
Control

[[Page 52467]]

Board, AS 05-5, effective September 1, 2005.

 [FR Doc. E6-14543 Filed 9-5-06; 8:45 am]
BILLING CODE 6560-50-P
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