Approval and Promulgation of Air Quality Implementation Plans; Illinois; Amendments to Vehicle Inspection and Maintenance Program for Illinois, 47377-47380 [2014-17331]
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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.
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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
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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
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:
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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
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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
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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
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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
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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.
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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
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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
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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:
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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:
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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:
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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.
■
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]]>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.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the Illinois
Environmental Protection Agency 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]
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