Approval and Promulgation of Air Quality Implementation Plans; Illinois; Amendments to Vehicle Inspection and Maintenance Program for Illinois, 47377-47380 [2014-17331]

Download as PDF Federal Register / Vol. 79, No. 156 / Wednesday, August 13, 2014 / Rules and Regulations Environmental Impact This final rule involves a rate or cost determination and a related fiscal requirement that do not constitute a development decision affecting the physical condition of specific project areas or building sites. Accordingly, under 24 CFR 50.19(c)(6), this final rule is categorically excluded from environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321). Federalism Impact Executive Order 13132 (entitled ‘‘Federalism’’) prohibits, to the extent practicable and permitted by law, an agency from promulgating a regulation that has federalism implications and either imposes substantial direct compliance costs on State and local governments and is not required by statute, or preempts State law, unless the relevant requirements of section 6 of the Executive Order are met. This rule does not have federalism implications and does not impose substantial direct compliance costs on State and local governments or preempt State law within the meaning of the Executive Order. List of Subjects in 24 CFR Part 3284 Consumer protection, Manufactured homes. Accordingly, for the reasons discussed in this preamble, HUD amends 24 CFR part 3284 as follows: PART 3284—MANUFACTURED HOUSING PROGRAM FEE 1. The authority citation for 24 CFR part 3284 continues to read as follows: ■ Authority: 42 U.S.C. 3535(d), 5419, and 5424. ■ 2. Revise § 3284.5 to read as follows: § 3284.5 Amount of fee. wreier-aviles on DSK5TPTVN1PROD with RULES Each manufacturer, as defined in § 3282.7 of this chapter, must pay a fee of $100 per transportable section of each manufactured housing unit that it manufactures under the requirements of part 3280 of this chapter. Dated: August 8, 2014. Carol J. Galante, Assistant Secretary for Housing—Federal Housing Commissioner. [FR Doc. 2014–19173 Filed 8–12–14; 8:45 am] BILLING CODE 4210–67–P VerDate Mar<15>2010 15:22 Aug 12, 2014 Jkt 232001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2013–0046; FRL–9913–15– Region 5] Approval and Promulgation of Air Quality Implementation Plans; Illinois; Amendments to Vehicle Inspection and Maintenance Program for Illinois Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the Illinois Environmental Protection Agency on November 29, 2012, concerning the state’s vehicle inspection and maintenance (I/M) program in the Chicago and Metro-East St. Louis ozone nonattainment areas in Illinois. The revision amends I/M program requirements in the active control measures portion of the ozone SIP to reflect changes that have been implemented at the state level since EPA fully approved the I/M program on February 22, 1999. The submittal also includes a demonstration under section 110(l) of the Clean Air Act (CAA) addressing lost emission reductions associated with the program changes. DATES: This final rule is effective on September 12, 2014. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA–R05–OAR–2013–0046. 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 SUMMARY: PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 47377 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 November 14, 2013, at 78 FR 68378, EPA proposed to approve into the state’s Federally-approved SIP several regulatory changes to the previously approved I/M program operating in the Chicago and Metro-East St. Louis ozone nonattainment areas in Illinois. The most significant changes to the Illinois I/M program took effect beginning on February 1, 2007 and include: • The elimination of the IM240 transient mode exhaust test for all vehicles beginning February 1, 2007. • The elimination of the evaporative system integrity (gas cap pressure) test for all on-board diagnostics (OBD) compliant vehicles beginning February 1, 2007. • The replacement of the computermatching enforcement mechanism with a registration denial based system beginning January 1, 2008. • The elimination of the steady-state idle exhaust and evaporative integrity (gas cap pressure) testing for all vehicles beginning February 1, 2012. • The exemption of pre-2007 model year (MY) heavy-duty vehicles (HDVs) with gross vehicle weight rating (GVWR) between 8,501 and 14,000 pounds beginning February 1, 2012. • The exemption of all HDVs with a GVWR greater than 14,000 pounds as of February 1, 2012. • The requirement of OBD pass/fail testing for all 2007 and newer OBDcompliant HDVs. In addition to the changes discussed above, the November 29, 2012, submittal included a number of minor revisions to the program that do not have a significant impact on overall program operations or the emissions reductions associated with it. A full list of the regulatory changes submitted by Illinois for EPA approval includes: • VEIL of 2005, as amended, 625 ILCS 5/13C (Public Act 94–526 enacted on E:\FR\FM\13AUR1.SGM 13AUR1 47378 Federal Register / Vol. 79, No. 156 / Wednesday, August 13, 2014 / Rules and Regulations wreier-aviles on DSK5TPTVN1PROD with RULES August 10, 2005; Public Act 94–848 enacted on June 9, 2006; Public Act 97– 106, enacted on July 14, 2011). • Revisions to 35 Ill. Adm. Code 240 (R11–19 effective March 18, 2011 (35 Ill. Reg. 5552 (April 1, 2011)); R12–12 effective February 1, 2012 (36 Ill. Reg. 1066 (January 27, 2012)). • Revisions to 35 Ill. Adm. Code 276 effective June 28, 2011 (35 Ill. Reg. 11268) and January 30, 2012 (36 Ill. Reg. 2257). II. What is our response to comments received on the notice of proposed rulemaking? The November 14, 2013, proposal provided a 30-day review and comment period. The comment period closed on December 16, 2013. EPA received comments from two parties during the public comment period. One was supportive of our proposed action. We are responding to the second commenter who disagreed with our action. Comment. The commenter notes that the primary concern with EPA’s proposed approval of Illinois’ SIP revision is ensuring it is not counterproductive to compliance of the National Ambient Air Quality Standards (NAAQS). The commenter states that compliance with these standards should be a prerequisite for considering such revisions to ensure timely attainment of all applicable NAAQS. The commenter further claims that the SIP revision would limit Illinois’ ability to reduce its precursor emissions, interfere with attainment of multiple NAAQS, and place additional burden on neighboring states. Response. States have primary responsibility for deciding how to attain and maintain the NAAQS. In reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet minimum criteria set by the CAA or any applicable EPA regulations. To ensure that impacts on the NAAQS are considered, any change submitted to EPA for approval must include a demonstration of non-interference with the NAAQS, pursuant to section 110(l) of the CAA. In the absence of an attainment demonstration, to demonstrate non-interference with any applicable NAAQS or requirement of the CAA under section 110(l), EPA’s policy is that states may substitute equivalent emissions reductions to compensate for any change to a SIP approved program, to ensure that actual emissions in the air are not increased. Allowing states to use substitute equivalent emissions to address section 110(l) provides states with flexibility, while not interfering with attainment or maintenance of the NAAQS. The VerDate Mar<15>2010 15:22 Aug 12, 2014 Jkt 232001 compensating equivalent reductions must represent permanent emissions reductions achieved in a contemporaneous time frame to the change of the existing SIP control measure, in order to ensure that there is no degradation of air quality. As outlined in EPA’s proposed approval, Illinois’ SIP revision includes such a demonstration using equivalent emissions reductions achieved through the shutdown of permitted emission sources to compensate for emission reduction losses resulting from changes to the I/M program that was approved into the SIP in 1999 (64 FR 8517 (Feb. 22, 1999). In the Chicago nonattainment area, Illinois identified 1,168 facilities with permitted volatile organic compound (VOC) emissions and 687 facilities with permitted nitrogen oxides (NOX) emissions that have permanently closed and have expired permits that have been revoked. In the Metro-East St. Louis nonattainment area, Illinois identified 82 facilities with permitted VOC emissions and 39 facilities with permitted NOX emissions that have permanently closed and have expired permits that have been revoked. These sources all ceased operations within the same timeframe of Illinois implementing the revisions to the I/M program. At this point, these sources have all been shutdown for at least two years. EPA has a well-established policy that reactivation of a permanently shutdown facility will be treated as operation of a new source for purposes of Prevention of Significant Deterioration (PSD) review. See In the Matter of Monroe Electric Generating Plant, Entergy Louisiana, Inc. Proposed Operating Permit, Petition No. 6–99–2, Order Partially Granting and Partially Denying Petition for Objection to Permit (June 11, 1999) at p.8 & n.9 (citing authorities). In general, whether a shutdown is treated as permanent depends on the facts and circumstances, although shutdowns of more than two years or that result in removal of a source from the state’s emissions inventory are presumed to be permanent. EPA has determined, for the sources identified in the record as part of Illinois’ submission, that these sources are permanently shutdown for purposes of PSD. Any restart of operations, and associated emissions, at these sites will be treated as a new sources, subject to the requirements of the PSD program. In addition, the state’s 110(l) demonstration indicates that the reductions achieved by the source shutdowns occurred during the same timeframe as the increased emissions PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 from the modified I/M program. As a result, EPA believes it is reasonable for Illinois to use the reductions in actual emissions of ozone precursors resulting from the shutdown of these sources as offsets for any increases in emissions of ozone precursors associated with the changes to the I/M program. A review of Illinois’ 110(l) demonstration shows that the emissions reductions of both VOC and NOX emissions far exceed the increase in emissions resulting from the revised I/ M program. EPA finds that the net result of these changes will not interfere with attainment and maintenance of the ozone, or other, NAAQS. Comment. The same commenter also included an analysis that it claims demonstrates that the changes to the Illinois I/M program resulted in an increase in precursor emissions for ozone. The commenter further states that the increase in emissions resulting from the Illinois I/M program changes alone (or largely) was responsible for the monitored violation of the 2008 ozone standard at the Zion, IL monitor. The commenter points to a photochemical modeling analysis conducted by the commenter, showing that the decreased effectiveness in the emission reduction potential of the Illinois I/M program equates to an increase in ozone concentrations. The commenter argues that because the State has been implementing the modified program since 2007, any analysis should not be based solely on emissions modeling or speculative results, but supported by actual monitoring data that demonstrates compliance with the applicable air quality standards as well. The commenter points to multiple monitored violations of the standard that have occurred in Illinois subsequent to these I/M program changes, and claims that such monitored violations provide strong indication that the current controls and current approved SIP are inadequate to support attainment of the 2008 ozone standard and are also insufficient to support attainment of the 2012 standard for fine particles as well. Response. The commenter’s photochemical modeling analysis referenced above only reflects the impacts of the changes made to the Illinois I/M program. The analysis however fails to take into consideration the emissions reductions achieved through the shutdown of permitted emission sources that Illinois relies on to compensate for the emission reduction losses resulting from changes to the February 22, 1999, SIP approved I/M program. When the compensating emission reductions being used by E:\FR\FM\13AUR1.SGM 13AUR1 Federal Register / Vol. 79, No. 156 / Wednesday, August 13, 2014 / Rules and Regulations Illinois to address 110(l) are taken into account in the commenter’s analysis, the direct link between the violating monitoring data and the I/M program changes claimed by the commenter can no longer be supported. The compensating emission reductions of both VOC and NOX emissions far exceed the increase in emissions resulting from the revised I/M program and ensure that there is no net increase in precursor emissions resulting from the approval of the I/M program changes. EPA believes that, had the commenter modeled the ozone impact of the combined increased emissions from the I/M revision and the decrease in emissions from the offsetting emission reductions, the commenter would have modeled a net decrease in peak downwind ozone concentrations. In addition, Illinois’ analysis also shows that the emission reduction losses resulting from the changes to the I/M program continue to significantly decline through 2025 while the compensating emission reductions being relied on during the same time period do not. The commenter’s claims that Illinois’ current control measures and current approved SIP are inadequate to support attainment of the 2008 ozone and 2012 fine particle standards are outside the scope of this action. As stated before, any SIP revision submitted to EPA for consideration needs to include a demonstration of non-interference with the NAAQS under section 110(l) of the CAA to ensure that impacts on the NAAQS are considered. Illinois’ SIP revision included such a demonstration and EPA has determined that Illinois’ use of substitute emission reductions does not affect timely attainment of all applicable NAAQS. wreier-aviles on DSK5TPTVN1PROD with RULES III. What action is EPA taking? EPA is approving the revisions to the Illinois ozone SIP submitted on November 29, 2012, concerning the I/M program in Illinois. EPA finds that the revisions meet all applicable requirements and will not interfere with reasonable further progress or attainment of any of the national ambient air quality standards. 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 VerDate Mar<15>2010 15:22 Aug 12, 2014 Jkt 232001 Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 47379 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 October 14, 2014. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. 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, Intergovernmental relations, Nitrogen oxides, Ozone, Volatile organic compounds. Dated: June 23, 2014. Susan Hedman, Regional Administrator, Region 5. 40 CFR part 52 is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. 2. Section 52.720 is amended by adding paragraph (c)(200) to read as follows: ■ § 52.720 Identification of plan. * * * * * (c) * * * (200) On November 29, 2012, the Illinois Environmental Protection Agency submitted a request to revise Illinois’ vehicle inspection and maintenance (I/M) program to reflect changes that have been made to the program since EPA fully approved the I/ M program on February 22, 1999. (i) Incorporation by reference. (A) Illinois Administrative Code, Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board, Subchapter k: Emission Standards and Limitations for Mobile Sources, Part 240 Mobile Sources. Effective February 1, 2012. (B) Illinois Administrative Code, Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter II: E:\FR\FM\13AUR1.SGM 13AUR1 47380 Federal Register / Vol. 79, No. 156 / Wednesday, August 13, 2014 / Rules and Regulations Environmental Protection Agency, Part 276 Procedures to be Followed in the Performance of Inspections of Motor Vehicle Emissions. Effective January 30, 2012. (ii) Other materials. (A) Transmittal letter dated November 29, 2012. (B) Vehicle Emissions Inspection Law of 2005, as amended, 625 ILCS 5/13C (Public Act 94–526 enacted on August 10, 2005; Public Act 94–848 enacted on June 9, 2006; Public Act 97–106, enacted on July 14, 2011). (C) Listing of Chicago and Metro-East St. Louis NAA Facility Closures (July 2012). [FR Doc. 2014–17331 Filed 8–12–14; 8:45 am] BILLING CODE 6560–50–P List of Subjects in 47 CFR Part 73 Radio, Radio broadcasting. FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [MB Docket No. 14–37; RM–11711; DA 14– 1059] Radio Broadcasting Services; Haynesville, Louisiana Federal Communications Commission. ACTION: Final rule. AGENCY: wreier-aviles on DSK5TPTVN1PROD with RULES VerDate Mar<15>2010 15:22 Aug 12, 2014 Jkt 232001 Federal Communications Commission. Nazifa Sawez, Assistant Chief, Audio Division, Media Bureau. For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 73 as follows: PART 73—RADIO BROADCAST SERVICES The Audio Division, at the request of SSR Communications, Inc., allots Channel 286A at Haynesville, Louisiana, as a ‘‘backfill’’ allotment to prevent the removal of the community’s potential first local service that accommodates the ‘‘hybrid’’ application for Station KIMW, Channel 288A from Haynesville, Louisiana, to Heflin, Louisiana. A staff engineering analysis indicates that Channel 286A can be allotted to Haynesville consistent with the minimum distance separation requirements of the Commission’s rules with a site restriction 4.6 kilometers (2.9 miles) south of the community. The reference coordinates are 33–00–12 NL and 93–08–19 WL. DATES: Effective September 8, 2014. ADDRESSES: Secretary, Federal Communications Commission, 445 Twelfth Street SW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Rolanda F. Smith, Media Bureau, (202) 418–2700. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission’s Report and Order, adopted July 24, 2014, and released July 25, 2014. The full text of this Commission decision is available for inspection and copying during normal business hours in the FCC’s SUMMARY: Reference Information Center at Portals II, CY–A257, 445 Twelfth Street SW., Washington, DC 20554. This document may also be purchased from the Commission’s duplicating contractors, Best Copy and Printing, Inc., 445 12th Street SW., Room CY–B402, Washington, DC 20554, telephone 1– 800–378–3160 or via email www.BCPIWEB.com. This document does not contain proposed information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104–13. The Commission will send a copy of this Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). 1. The authority citation for part 73 continues to read as follows: ■ Authority: 47 U.S.C. 154, 303, 334, 336 and 339. § 73.202 [Amended] 2. Section 73.202(b), the Table of FM Allotments under Louisiana, is amended by removing Channel 288A at Haynesville, and by adding Channel 286A at Haynesville. ■ [FR Doc. 2014–19162 Filed 8–12–14; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION authorized stations and reserved facilities will be reflected solely in Media Bureau’s Consolidated Database System (CDBS). DATES: Effective August 13, 2014. FOR FURTHER INFORMATION CONTACT: Rolanda F. Smith, Media Bureau, (202) 418–2700. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Report and Order, DA 14–1060, adopted July 24, 2014, and released July 25, 2014. The full text of this Commission decision is available for inspection and copying during normal business hours in the Commission’s Reference Center 445 12th Street SW., Washington, DC 20554. The complete text of this decision may also be purchased from the Commission’s duplicating contractor, Best Copy and Printing, Inc., 445 12th Street SW., Room CY–B402, Washington, DC 20054, telephone 1– 800–378–3160 or www.BCPIWEB.com. The Commission will not send a copy of this Report and Order pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A), because the adopted rules are rules of particular applicability. This document does not contain proposed information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104–13. In addition, therefore, it does not contain any proposed information collection burden ‘‘for small business concerns with fewer than 25 employees,’’ pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). List of Subjects in 47 CFR Part 73 Radio, Radio broadcasting. Federal Communications Commission. Nazifa Sawez, Assistant Chief, Audio Division, Media Bureau. As stated in the preamble, the Federal Communications Commission amends 47 CFR part 73 as follows: 47 CFR Part 73 PART 73—RADIO BROADCASTING SERVICES [DA 14–1060] ■ Radio Broadcasting Services; Various Locations Federal Communications Commission. ACTION: Final rule. AGENCY: The Audio Division amends the FM Table of Allotments (‘‘FM Table’’) to remove certain vacant FM allotments that were auctioned in FM Auction 79 that are currently considered authorized stations. FM assignments for SUMMARY: PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 1. The authority citation for part 73 continues to read as follows: Authority: 47 U.S.C. 154, 303, 334, 336 and 339. § 73.202 [Amended] 2. Amend § 73.202(b) Table of FM Allotments as follows: ■ a. Remove Boligee, under Alabama, Channel 297A; and Maplesville, Channel 292A. ■ b. Remove Grand Canyon Village, under Arizona, Channel 273C1; and Channel 268C3 at Peach Springs. ■ E:\FR\FM\13AUR1.SGM 13AUR1

Agencies

[Federal Register Volume 79, Number 156 (Wednesday, August 13, 2014)]
[Rules and Regulations]
[Pages 47377-47380]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17331]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2013-0046; FRL-9913-15-Region 5]


Approval and Promulgation of Air Quality Implementation Plans; 
Illinois; Amendments to Vehicle Inspection and Maintenance Program 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 on November 29, 2012, concerning the 
state's vehicle inspection and maintenance (I/M) program in the Chicago 
and Metro-East St. Louis ozone nonattainment areas in Illinois. The 
revision amends I/M program requirements in the active control measures 
portion of the ozone SIP to reflect changes that have been implemented 
at the state level since EPA fully approved the I/M program on February 
22, 1999. The submittal also includes a demonstration under section 
110(l) of the Clean Air Act (CAA) addressing lost emission reductions 
associated with the program changes.

DATES: This final rule is effective on September 12, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2013-0046. 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 November 14, 2013, at 78 FR 68378, EPA proposed to approve into 
the state's Federally-approved SIP several regulatory changes to the 
previously approved I/M program operating in the Chicago and Metro-East 
St. Louis ozone nonattainment areas in Illinois. The most significant 
changes to the Illinois I/M program took effect beginning on February 
1, 2007 and include:
     The elimination of the IM240 transient mode exhaust test 
for all vehicles beginning February 1, 2007.
     The elimination of the evaporative system integrity (gas 
cap pressure) test for all on-board diagnostics (OBD) compliant 
vehicles beginning February 1, 2007.
     The replacement of the computer-matching enforcement 
mechanism with a registration denial based system beginning January 1, 
2008.
     The elimination of the steady-state idle exhaust and 
evaporative integrity (gas cap pressure) testing for all vehicles 
beginning February 1, 2012.
     The exemption of pre-2007 model year (MY) heavy-duty 
vehicles (HDVs) with gross vehicle weight rating (GVWR) between 8,501 
and 14,000 pounds beginning February 1, 2012.
     The exemption of all HDVs with a GVWR greater than 14,000 
pounds as of February 1, 2012.
     The requirement of OBD pass/fail testing for all 2007 and 
newer OBD-compliant HDVs.
    In addition to the changes discussed above, the November 29, 2012, 
submittal included a number of minor revisions to the program that do 
not have a significant impact on overall program operations or the 
emissions reductions associated with it. A full list of the regulatory 
changes submitted by Illinois for EPA approval includes:
     VEIL of 2005, as amended, 625 ILCS 5/13C (Public Act 94-
526 enacted on

[[Page 47378]]

August 10, 2005; Public Act 94-848 enacted on June 9, 2006; Public Act 
97-106, enacted on July 14, 2011).
     Revisions to 35 Ill. Adm. Code 240 (R11-19 effective March 
18, 2011 (35 Ill. Reg. 5552 (April 1, 2011)); R12-12 effective February 
1, 2012 (36 Ill. Reg. 1066 (January 27, 2012)).
     Revisions to 35 Ill. Adm. Code 276 effective June 28, 2011 
(35 Ill. Reg. 11268) and January 30, 2012 (36 Ill. Reg. 2257).

II. What is our response to comments received on the notice of proposed 
rulemaking?

    The November 14, 2013, proposal provided a 30-day review and 
comment period. The comment period closed on December 16, 2013. EPA 
received comments from two parties during the public comment period. 
One was supportive of our proposed action. We are responding to the 
second commenter who disagreed with our action.
    Comment. The commenter notes that the primary concern with EPA's 
proposed approval of Illinois' SIP revision is ensuring it is not 
counter-productive to compliance of the National Ambient Air Quality 
Standards (NAAQS). The commenter states that compliance with these 
standards should be a prerequisite for considering such revisions to 
ensure timely attainment of all applicable NAAQS. The commenter further 
claims that the SIP revision would limit Illinois' ability to reduce 
its precursor emissions, interfere with attainment of multiple NAAQS, 
and place additional burden on neighboring states.
    Response. States have primary responsibility for deciding how to 
attain and maintain the NAAQS. In reviewing SIP submissions, EPA's role 
is to approve state choices, provided that they meet minimum criteria 
set by the CAA or any applicable EPA regulations. To ensure that 
impacts on the NAAQS are considered, any change submitted to EPA for 
approval must include a demonstration of non-interference with the 
NAAQS, pursuant to section 110(l) of the CAA. In the absence of an 
attainment demonstration, to demonstrate non-interference with any 
applicable NAAQS or requirement of the CAA under section 110(l), EPA's 
policy is that states may substitute equivalent emissions reductions to 
compensate for any change to a SIP approved program, to ensure that 
actual emissions in the air are not increased. Allowing states to use 
substitute equivalent emissions to address section 110(l) provides 
states with flexibility, while not interfering with attainment or 
maintenance of the NAAQS. The compensating equivalent reductions must 
represent permanent emissions reductions achieved in a contemporaneous 
time frame to the change of the existing SIP control measure, in order 
to ensure that there is no degradation of air quality.
    As outlined in EPA's proposed approval, Illinois' SIP revision 
includes such a demonstration using equivalent emissions reductions 
achieved through the shutdown of permitted emission sources to 
compensate for emission reduction losses resulting from changes to the 
I/M program that was approved into the SIP in 1999 (64 FR 8517 (Feb. 
22, 1999). In the Chicago nonattainment area, Illinois identified 1,168 
facilities with permitted volatile organic compound (VOC) emissions and 
687 facilities with permitted nitrogen oxides (NOX) 
emissions that have permanently closed and have expired permits that 
have been revoked.
    In the Metro-East St. Louis nonattainment area, Illinois identified 
82 facilities with permitted VOC emissions and 39 facilities with 
permitted NOX emissions that have permanently closed and 
have expired permits that have been revoked. These sources all ceased 
operations within the same timeframe of Illinois implementing the 
revisions to the I/M program. At this point, these sources have all 
been shutdown for at least two years.
    EPA has a well-established policy that reactivation of a 
permanently shutdown facility will be treated as operation of a new 
source for purposes of Prevention of Significant Deterioration (PSD) 
review. See In the Matter of Monroe Electric Generating Plant, Entergy 
Louisiana, Inc. Proposed Operating Permit, Petition No. 6-99-2, Order 
Partially Granting and Partially Denying Petition for Objection to 
Permit (June 11, 1999) at p.8 & n.9 (citing authorities). In general, 
whether a shutdown is treated as permanent depends on the facts and 
circumstances, although shutdowns of more than two years or that result 
in removal of a source from the state's emissions inventory are 
presumed to be permanent.
    EPA has determined, for the sources identified in the record as 
part of Illinois' submission, that these sources are permanently 
shutdown for purposes of PSD. Any restart of operations, and associated 
emissions, at these sites will be treated as a new sources, subject to 
the requirements of the PSD program. In addition, the state's 110(l) 
demonstration indicates that the reductions achieved by the source 
shutdowns occurred during the same timeframe as the increased emissions 
from the modified I/M program. As a result, EPA believes it is 
reasonable for Illinois to use the reductions in actual emissions of 
ozone precursors resulting from the shutdown of these sources as 
offsets for any increases in emissions of ozone precursors associated 
with the changes to the I/M program.
    A review of Illinois' 110(l) demonstration shows that the emissions 
reductions of both VOC and NOX emissions far exceed the 
increase in emissions resulting from the revised I/M program. EPA finds 
that the net result of these changes will not interfere with attainment 
and maintenance of the ozone, or other, NAAQS.
    Comment. The same commenter also included an analysis that it 
claims demonstrates that the changes to the Illinois I/M program 
resulted in an increase in precursor emissions for ozone. The commenter 
further states that the increase in emissions resulting from the 
Illinois I/M program changes alone (or largely) was responsible for the 
monitored violation of the 2008 ozone standard at the Zion, IL monitor. 
The commenter points to a photochemical modeling analysis conducted by 
the commenter, showing that the decreased effectiveness in the emission 
reduction potential of the Illinois I/M program equates to an increase 
in ozone concentrations. The commenter argues that because the State 
has been implementing the modified program since 2007, any analysis 
should not be based solely on emissions modeling or speculative 
results, but supported by actual monitoring data that demonstrates 
compliance with the applicable air quality standards as well. The 
commenter points to multiple monitored violations of the standard that 
have occurred in Illinois subsequent to these I/M program changes, and 
claims that such monitored violations provide strong indication that 
the current controls and current approved SIP are inadequate to support 
attainment of the 2008 ozone standard and are also insufficient to 
support attainment of the 2012 standard for fine particles as well.
    Response. The commenter's photochemical modeling analysis 
referenced above only reflects the impacts of the changes made to the 
Illinois I/M program. The analysis however fails to take into 
consideration the emissions reductions achieved through the shutdown of 
permitted emission sources that Illinois relies on to compensate for 
the emission reduction losses resulting from changes to the February 
22, 1999, SIP approved I/M program. When the compensating emission 
reductions being used by

[[Page 47379]]

Illinois to address 110(l) are taken into account in the commenter's 
analysis, the direct link between the violating monitoring data and the 
I/M program changes claimed by the commenter can no longer be 
supported. The compensating emission reductions of both VOC and 
NOX emissions far exceed the increase in emissions resulting 
from the revised I/M program and ensure that there is no net increase 
in precursor emissions resulting from the approval of the I/M program 
changes. EPA believes that, had the commenter modeled the ozone impact 
of the combined increased emissions from the I/M revision and the 
decrease in emissions from the offsetting emission reductions, the 
commenter would have modeled a net decrease in peak downwind ozone 
concentrations. In addition, Illinois' analysis also shows that the 
emission reduction losses resulting from the changes to the I/M program 
continue to significantly decline through 2025 while the compensating 
emission reductions being relied on during the same time period do not. 
The commenter's claims that Illinois' current control measures and 
current approved SIP are inadequate to support attainment of the 2008 
ozone and 2012 fine particle standards are outside the scope of this 
action. As stated before, any SIP revision submitted to EPA for 
consideration needs to include a demonstration of non-interference with 
the NAAQS under section 110(l) of the CAA to ensure that impacts on the 
NAAQS are considered. Illinois' SIP revision included such a 
demonstration and EPA has determined that Illinois' use of substitute 
emission reductions does not affect timely attainment of all applicable 
NAAQS.

III. What action is EPA taking?

    EPA is approving the revisions to the Illinois ozone SIP submitted 
on November 29, 2012, concerning the I/M program in Illinois. EPA finds 
that the revisions meet all applicable requirements and will not 
interfere with reasonable further progress or attainment of any of the 
national ambient air quality standards.

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 Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 14, 2014. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. 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, Intergovernmental relations, Nitrogen oxides, Ozone, 
Volatile organic compounds.

    Dated: June 23, 2014.
Susan Hedman,
Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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


0
2. Section 52.720 is amended by adding paragraph (c)(200) to read as 
follows:


Sec.  52.720  Identification of plan.

* * * * *
    (c) * * *
    (200) On November 29, 2012, the Illinois Environmental Protection 
Agency submitted a request to revise Illinois' vehicle inspection and 
maintenance (I/M) program to reflect changes that have been made to the 
program since EPA fully approved the I/M program on February 22, 1999.
    (i) Incorporation by reference.
    (A) Illinois Administrative Code, Title 35: Environmental 
Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control 
Board, Subchapter k: Emission Standards and Limitations for Mobile 
Sources, Part 240 Mobile Sources. Effective February 1, 2012.
    (B) Illinois Administrative Code, Title 35: Environmental 
Protection, Subtitle B: Air Pollution, Chapter II:

[[Page 47380]]

Environmental Protection Agency, Part 276 Procedures to be Followed in 
the Performance of Inspections of Motor Vehicle Emissions. Effective 
January 30, 2012.
    (ii) Other materials.
    (A) Transmittal letter dated November 29, 2012.
    (B) Vehicle Emissions Inspection Law of 2005, as amended, 625 ILCS 
5/13C (Public Act 94-526 enacted on August 10, 2005; Public Act 94-848 
enacted on June 9, 2006; Public Act 97-106, enacted on July 14, 2011).
    (C) Listing of Chicago and Metro-East St. Louis NAA Facility 
Closures (July 2012).

[FR Doc. 2014-17331 Filed 8-12-14; 8:45 am]
BILLING CODE 6560-50-P