Approval and Promulgation of Air Quality Implementation Plans; Illinois; Amendments to Gasoline Volatility Standards and Motor Vehicle Refinishing Requirements for Illinois, 60065-60070 [2014-23767]
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Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Rules and Regulations
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
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that before a rule may take effect, the
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This action is not a ‘‘major rule’’ as
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List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen oxides, Ozone, Reporting
and recordkeeping requirements, Sulfur
oxides.
Dated: August 19, 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 52.2570 is amended by
adding paragraph (c)(131) to read as
follows:
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■
§ 52.2570
Identification of plan.
*
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*
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(c) * * *
(131) On August 11, 2014, the
Wisconsin Department of Natural
Resources submitted a request to revise
Wisconsin’s Prevention of Significant
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Deterioration and Nonattainment New
Source Review rules.
(i) Incorporation by reference.
(A) Wisconsin Administrative Code,
NR 405.02(21)(b)5.a. and b. and 6; NR
405.02(25i)(a); NR 405.02(25i)(ar)(intro)
and 1., as published in the Wisconsin
Administrative Register July 2014, No.
703, effective August 1, 2014.
(B) Wisconsin Administrative Code,
NR 408.02(20)(e) 5.a and b. and 6., as
published in the Wisconsin
Administrative Register July 2014, No.
703, effective August 1, 2014.
[FR Doc. 2014–23769 Filed 10–3–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2013–0273; FRL–9914–97–
Region 5]
Approval and Promulgation of Air
Quality Implementation Plans; Illinois;
Amendments to Gasoline Volatility
Standards and Motor Vehicle
Refinishing Requirements for Illinois
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving state
implementation plan (SIP) revisions
submitted by the Illinois Environmental
Protection Agency (IEPA) on March 19,
2013, concerning the state’s gasoline
volatility standards. The SIP revisions
also include amendments to the state’s
motor vehicle refinishing regulations to
allow for the alternative use of a high
volume, low pressure (HVLP) equivalent
coating applicator in motor vehicle
refinishing operations, and repeal a
registration program under these
regulations that overlaps with Federal
registration requirements.
DATES: This direct final rule is effective
December 5, 2014, unless EPA receives
adverse comments by November 5,
2014. If adverse comments are received,
EPA will publish a timely withdrawal of
the direct final rule in the Federal
Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2013–0273, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: blakley.pamela@epa.gov.
3. Fax: (312) 692–2450.
SUMMARY:
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4. Mail: Pamela Blakley, Chief,
Control Strategies Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley,
Chief, Control Strategies Section, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, Chicago,
Illinois 60604. Such deliveries are only
accepted during the Regional Office
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information. The
Regional Office official hours of
business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2013–
0273. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
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Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Rules and Regulations
either electronically in
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 the background for the gasoline
volatility standards portion of this
action?
II. What changes have been made to Illinois’
gasoline volatility standards?
III. What is the background for the motor
vehicle refinishing standards portion of
this action?
IV. What changes have been made to Illinois’
motor vehicle refinishing standards?
V. What is EPA’s analysis of the state’s
submittal?
VI. What action is EPA taking?
VII. Statutory and Executive Order Reviews.
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I. What is the background for the
gasoline volatility standards portion of
this action?
Under section 211(c) of the Clean Air
Act (CAA), EPA promulgated
regulations on March 22, 1989 (54 FR
11868) that set maximum limits for the
Reid vapor pressure (RVP) of gasoline
sold during the regulatory control
periods that were established on a stateby-state basis in the final rule. The
regulatory control periods addressed the
portion of the year when peak ozone
concentrations were expected. Peak
ozone concentrations are expected
during the summertime. These
regulations constituted Phase I of a two
phase nationwide program, which was
designed to reduce the volatility of
commercial gasoline during the high
ozone season. Depending on the state
and month, gasoline RVP was not to
exceed 10.5 pounds per square inch
(psi), 9.5 psi, or 9.0 psi. Phase I was
applicable to calendar years 1989
through 1991. On June 11, 1990 (55 FR
23658), EPA promulgated more
stringent volatility controls as Phase II
of the volatility control program. These
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requirements established maximum
RVP standards of 9.0 psi or 7.8 psi
(depending on the state, the month, and
the area’s initial ozone attainment
designation with respect to the 1-hour
ozone national ambient air quality
standards (NAAQS)). Phase II is
applicable to 1992 and subsequent
years.
The 1990 CAA Amendments
established a new section, 211(h), to
address fuel volatility. Section 211(h)(1)
requires EPA to promulgate regulations
making it unlawful to sell, offer for sale,
dispense, supply, offer for supply,
transport, or introduce into commerce
gasoline with an RVP level in excess of
9.0 psi during the high ozone season.
Section 211(h)(2) prohibits EPA from
establishing a volatility standard more
stringent than 9.0 psi in an attainment
area, except that the Agency may
impose a lower (more stringent)
standard in any former ozone
nonattainment area (NAA) redesignated
to attainment.
On December 12, 1991 (56 FR 64704),
EPA modified the Phase II volatility
regulations to be consistent with section
211(h) of the CAA. The modified
regulations prohibited the sale of
gasoline with an RVP above 9.0 psi in
all areas designated attainment for
ozone, beginning in 1992. For areas
designated as nonattainment, the
regulations retained the original Phase II
standards published on June 11, 1990
(55 FR 23658), which included the 7.8
psi ozone season limitation for certain
areas.
Section 211(k) of the CAA requires
the use of reformulated gasoline (RFG)
in the nine ozone NAAs having a 1980
population in excess of 250,000 and
having the highest ozone design value
during the period 1987 through 1989.
The Chicago ozone NAA was designated
as one of these areas. See 40 CFR
80.70(f). The use of RFG was required in
the Chicago ozone NAA beginning in
1995 when Phase I of the RFG program
went into effect. Phase II of the RFG
program went into effect in 2000. In
addition to these areas which are
required to market RFG, state Governors
can petition EPA for the inclusion of
other NAAs in the RFG program.
Accordingly, the State of Illinois
requested EPA to extend the
requirement for the sale of RFG for the
Illinois portion of the Metro-East St.
Louis ozone NAA in July 2006 with the
program becoming effective in July
2007.
Illinois enacted state specific limits to
address the summertime volatility of
gasoline through regulations at 35 Ill.
Adm. Code Section 215.585 for the
Illinois ozone attainment area, Section
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218.585 for the Chicago ozone NAA,
and Section 219.585 for the Metro-East
St. Louis ozone NAA.
On April 6, 1990, and May 4, 1990,
Illinois submitted to EPA a regulation
which reduced the maximum allowable
volatility for gasoline sold in Illinois
during July and August 1990 to 9.5 psi
RVP. EPA approved this regulation on
July 18, 1990 (55 FR 29200). On January
10, 1991, the state adopted amendments
further limiting the maximum allowable
volatility for gasoline sold in Illinois
during June 1 through September 15,
1991 to 9.0 psi RVP.1 On July 25, 1991
and September 9, 1993 the state adopted
changes to Illinois’ volatility regulations
limiting the volatility of gasoline sold in
the Chicago and Metro-East St. Louis
ozone NAAs to 9.0 psi RVP and
lengthened the regulatory control period
to May 1 through September 15. EPA
approved this regulation on September
9, 1994 (59 FR 46562). On October 25,
1994, Illinois submitted to EPA a
regulation that reduces the maximum
allowable volatility for gasoline sold in
the Illinois portion of the Metro-East St.
Louis ozone NAA, which includes
Madison, Monroe, and St. Clair
Counties, to 7.2 psi RVP during the
summer control period. EPA approved
this regulation on March 23, 1995 (60
FR 15233). On May 14, 1996, Illinois
submitted an amendment to its RVP rule
to EPA which adjusts the summer
regulatory control period of the MetroEast St. Louis RVP program to make it
consistent with the national RVP
regulation. EPA approved this
regulation on August 12, 1997 (62 FR
43100).
II. What changes have been made to
Illinois’ gasoline volatility standards?
The State of Illinois has repealed its
gasoline volatility standards at 35 Ill.
Adm. Code Section 215.585 for the
state’s ozone attainment area, Section
218.585 for the Chicago ozone NAA,
and Section 219.585 for the Metro-East
St. Louis ozone NAA. The state gasoline
volatility regulations have essentially
been superseded by Federal regulations
promulgated under Section 211(c) and
later under Sections 211(h) and 211(k)
of the CAA. For this reason and to
relieve the administrative burden
associated with the development of
waivers during periods of fuel supply
shortages, the Illinois Pollution Control
1 EPA proposed to approve this regulation on
June 7, 1991 (66 FR 26359). On April 28, 1992,
IEPA requested that EPA place the SIP revision on
the inactive status since IEPA would not be able to
take emission reduction credits for an ‘‘early’’
reduction in RVP one year ahead of the Federal
requirement. Consequently, EPA did not approve
this regulation.
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Board repealed the state regulations.
The Board also approved clean-up
amendments to 35 Ill. Adm. Code Parts
211, 215, 218, and 219 to update
references and to be consistent with the
repeal of the state gasoline volatility
standards.
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a. State Ozone Attainment Area
35 Ill. Adm. Code Section 215.585
applied only to the year 1991 in the
state’s ozone attainment area and
limited the RVP of gasoline sold, offered
for sale, dispensed, supplied, offered for
supply or transported for use in Illinois
between June 1 and September 15 to 9.0
psi. Ethanol blend gasoline containing 9
to 10 percent ethanol by volume were
allowed to have an RVP up to 10.0 psi.
Pursuant to Section 211(c) of the
CAA, EPA adopted national gasoline
volatility standards which set maximum
RVP limits for gasoline sold during the
May 1 to September 15 control period.
See 40 CFR 80.27. Beginning in 1992,
these regulations limited the RVP of
gasoline sold in Illinois to 9.0 psi. These
regulations also allowed an additional
1.0 psi for ethanol blend gasoline
containing 9 to 10 percent ethanol by
volume.
Since Section 215.585 was only in
force in 1991, and the Federal RVP
standards now apply to the attainment
areas of the state, IEPA believes that
there is no longer any need in
maintaining the state gasoline volatility
standard and the Illinois Pollution
Control Board repealed this section.
b. Chicago Ozone Nonattainment Area
The state gasoline volatility standards
affecting the Chicago ozone NAA are
found at 35 Ill. Adm. Code 218.585. The
Illinois portion of the Chicago ozone
NAA includes Cook, DuPage, Kane,
Lake, McHenry, and Will Counties and
Aux Sable and Goose Lake Townships
in Grundy County and Oswego
Township in Kendall County. This
regulation limits the RVP of gasoline
sold, offered for sale, dispensed,
supplied, offered for supply or
transported for use in the Chicago ozone
NAA area during May 1 through the
September 15 control period to 9.0 psi.
A 1.0 psi allowance is granted for
ethanol blend gasoline containing 9 to
10 percent ethanol by volume. On
September 9, 1994, EPA approved this
regulation as part of the Illinois SIP. 59
FR 46562 (September 9, 1994).
As stated above, Section 211(k) of the
CAA requires the use of RFG in the nine
ozone NAAs having a 1980 population
in excess of 250,000 and having the
highest ozone design value during the
period 1987 through 1989. The Chicago
ozone NAA was designated as one of
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these areas. See 40 CFR 80.70(f). The
use of RFG was required in the Chicago
ozone NAA beginning in 1995 when
Phase I of the RFG program went into
effect. Phase II of the RFG program went
into effect in 2000 and requires a 27.4
percent (averaging) reduction in
summertime (May 1 through September
15) VOC emissions from RFG in VOC
control region 2 areas (northern areas),
which includes Chicago. Compliance
with the RFG standards is measured by
inputting specific gasoline characteristic
parameters into a performance
standards model known as the
‘‘complex model’’. The fuel parameters
used in the complex model include
RVP, oxygen, sulfur, aromatics, olefins,
benzene, and a percent of fuel
evaporated at 200 and 300 degrees
Fahrenheit (E200 and E300,
respectively). The model evaluates the
emissions from the RFG blend
compared to the 27.4 percent reduction
baseline. Although the RVP of the fuel
is an important characteristic in
determining the emissions from the fuel
blend, the RFG standards do not
establish a maximum volatility. Rather,
a refiner or blender can vary the specific
parameters as long as the resultant
blend meets the overall emission
reduction specification provided by the
complex model. The result is an
equivalent percentage reduction in VOC
emissions as would be achieved if a fuel
RVP of 6.7 psi was utilized. Even
though the RFG requirements do not
specifically establish an RVP limit,
historical data indicates that RVP of
RFG sold during the summertime (high
ozone season) in the Chicago ozone
NAA is considerably less than the RVP
limits established in the Federal and
state gasoline volatility standards, and
has a range of averages from 6.7 to 7.2
psi, well below the maximum limits
established in Section 218.585.
Therefore, since the Federal RFG
requirements are more stringent than
the Chicago ozone NAA gasoline
volatility regulations in Section 218.585,
these regulations are no longer
necessary.
The existence of the Chicago NAA
gasoline volatility standards can also
become an obstacle in times of
emergency fuel shortages. In the event
of a regional fuel shortage, Section
211(c)(4)(C) of the CAA allows EPA,
with the concurrence of the Department
of Energy, to temporarily waive fuel
requirements in order that other fuel can
be brought into the area and sold. EPA
has issued two such emergency fuel
waivers since 2005, one due to the
impact of Hurricane Katrina, and a
second due to damage caused by a
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severe storm at a Metro-East St. Louis
area refinery. In these instances, EPA
granted a short-term waiver from the
RFG regulations, but due to the
existence of the state Chicago NAA
gasoline volatility standards, Illinois
had to issue a provisional variance to
the regulation in order for the EPA
waiver to achieve its intended effect.
Repealing the existing Chicago NAA
gasoline volatility standards, which are
less stringent than the RFG standards,
would result in no loss of emissions
reductions benefits, and in times of
regional fuel supply shortages, would
eliminate the RVP SIP waiver and
provisional variance processes, allowing
other fuel to be marketed in the affected
region in a more efficient manner.
c. Metro-East St. Louis Ozone
Nonattainment Area
The state gasoline volatility regulation
affecting the Metro-East St. Louis ozone
NAA is found at 35 Ill. Adm. Code
Section 219.585. The Illinois portion of
the Metro-East St. Louis ozone NAA
includes Madison, Monroe, St. Clair and
Jersey Counties. Section 182(b)(1) of the
CAA requires all moderate and above
ozone NAAs to achieve a 15 percent
reduction of 1990 emissions of VOC by
1996. The Metro-East St. Louis area
ozone NAA was subject to this
requirement and in order to meet the
CAA 15 percent Rate of Progress
emissions requirement and to strive for
consistency in the fuel across the St.
Louis metropolitan area, IEPA proposed,
and the Illinois Pollution Control Board
adopted, a more stringent gasoline
volatility regulation in 1994. This
regulation limits the RVP of gasoline
sold, offered for sale, dispensed,
supplied, offered for supply or
transported for use in the Metro-East St.
Louis ozone NAA during May 1 through
the September 15 control period to 7.2
psi. A 1.0 psi allowance is granted for
ethanol blend gasoline having at least 9
percent but not more than 10 percent
ethyl alcohol by volume. The Illinois
Pollution Control Board adopted an
amendment to this regulation which
changed the start of regulatory control
period from May 1 to June 1 to be
consistent with the Federal compliance
dates. On March 23, 1995, EPA
approved the regulation with the May 1
date as part of the Illinois SIP. 60 FR
15233 (March 23, 1995). On August 12,
1997, EPA approved the revision
relating to the change in the regulatory
control period to June 1 as part of the
Illinois SIP. 62 FR 43100 (August 12,
1997).
As stated above, Section 211(k) of the
CAA requires the use of RFG in the nine
ozone NAAs having a 1980 population
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in excess of 250,000 and having the
highest ozone design value during the
period 1987 through 1989. In addition
to these areas which are required to
market RFG, state Governors can
petition EPA for the inclusion of other
NAAs in the RFG program. Accordingly,
the State of Illinois requested EPA to
extend the requirement for the sale of
RFG for the Illinois portion of the
Metro-East St. Louis ozone NAA in July
2006. On April 24, 2007, EPA issued a
final rule requiring the sale of RFG in
the Illinois portion of the Metro-East St.
Louis ozone NAA. 72 FR 20237 (April
24, 2007). The required use of RFG for
VOC control region 1 (southern areas) in
the Illinois portion of the Metro-East St.
Louis ozone NAA would achieve
additional emissions reductions beyond
the 7.2 psi RVP limit for the Metro-East
St. Louis ozone NAA and would
harmonize the fuel requirements across
the region as Missouri had opted-in the
RFG program for the St. Louis portion
of the ozone NAA in 1999.
Similar to the situation in Chicago,
when regional fuel supply shortages
occurred and EPA issued a waiver from
the RFG requirements to allow the flow
of other fuels into the regions, the state
had to issue a provisional variance to
the volatility regulations for the MetroEast St. Louis ozone NAA in order for
the EPA waiver to achieve its intended
effect. Repealing the existing gasoline
volatility standards for the Metro-East
St. Louis ozone NAA, which are less
stringent than the RFG standards,
results in no loss of emissions
reductions benefits, and, in times of
regional fuel shortage, would eliminate
the RVP SIP waiver and provisional
variance processes, allowing other fuels
to be marketed in the affected area in a
more efficient manner.
d. Clean-up Amendments and Update of
Technical References
IEPA has also submitted clean-up
amendments to 35 Ill. Adm. Code Parts
211, 215, 218 and 219 to update
references and to be consistent with the
repeal of the state’s gasoline volatility
standards. IEPA updated the reference
to ASTM D 323 to its current version,
ASTM D 323–08, in Section 211.101,
and also in the definitions of Heavy
Liquid, Section 211.2870, and RVP,
Section 211.5510. In addition, IEPA
removed the reference to Section
215.105 in the definition of Heavy
Liquid, Section 211.2870, because IEPA
removed ASTM D 323–82 from Part 215
with this revision.
IEPA also removed the definition of
RVP contained in Section 215.104
because this term is only used in
Section 215.585, which has been
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repealed, and is also defined in 35 Ill.
Adm. Code Part 211. IEPA also removed
ASTM D 323–82, ASTM D 4057, ASTM
D 4177, and 40 CFR 80, appendices D,
E, and F contained in Section 215.105
because these incorporations by
reference are only found in Section
215.585, are outdated, and are no longer
necessary with a repeal of the state’s
gasoline volatility standards.
Further, Illinois removed 40 CFR 80
and 40 CFR 80, appendices D, E, and F
contained in Sections 218.112 and
219.112 (Incorporations by Reference)
because this Part is no longer necessary
with a repeal of Sections 218.585 and
219.585, and the appendices have
already been repealed. Also, IEPA has
updated the reference to ASTM D–323
in Sections 218.112, 218.128, 219.112,
and 219.128 to its current version,
ASTM D–323–08, for measuring vapor
pressure.
III. What is the background for the
motor vehicle refinishing portion of this
action?
In 1993, the Chicago and Metro-East
St. Louis areas were classified as Severe
and Moderate nonattainment,
respectively, and as such were subject to
the requirement under Section 182(b)(1)
of the CAA to reduce VOC emissions
within six years after November 15,
1990 by at least 15 percent from
baseline emissions. Illinois reviewed
available control measures that could
provide reductions by 1996 and
included motor vehicle refinishing
operations in the 15 percent rate of
progress plan for both areas.
Illinois’ motor vehicle refinishing
regulations are found at Subpart HH of
35 Ill. Adm. Code Parts 218 and 219.
The regulations require the use of either
an electrostatic spray gun or a HVLP
spray gun. In addition, these regulations
require affected sources to register with
the state. Registration includes
providing source contact information,
descriptions of coating operations, and
certain certifications. Irrespective of the
registration program, motor vehicle
refinishing operations are required to
meet the substantive provisions of
Subpart HH, which include, among
other things, VOC content limitations,
coating preparation and applicator
requirements, and work practices. EPA
approved the motor vehicle refinishing
regulations at Subpart HH of 35 Ill.
Adm. Code Parts 218 and 219 as part of
the Illinois SIP on July 25, 1996. 61 FR
38577 (July 25, 1996).
In 2008, EPA promulgated National
Emission Standards for Hazardous Air
Pollutants (NESHAP) for Paint Stripping
and Miscellaneous Surface Coating
Operations at Area Sources (January 9,
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2008, 73 FR 1738). These standards are
found at 40 CFR 63, subpart HHHHHH.
As it relates to surface coating of motor
vehicles and mobile equipment, this
NESHAP requires that all subject
surface coating operations apply
coatings with a HVLP spray gun,
electrostatic spray gun, airless spray
gun, air-assisted airless spray gun, or an
equivalent technology demonstrated to
be equal in transfer efficiency to one of
these spray guns. 40 CFR 63.11173(e)(3).
In addition, this NESHAP requires these
operations to submit an initial
registration notification, an annual
notification of changes, and also
contains recordkeeping requirements.
40 CFR 63.11175, 63.11176, 63.11177.
Proper registration includes providing
source contact information, a
description of coating operations, and
certain certifications. 40 CFR 63.11175.
In Illinois, these registration
notifications are submitted to IEPA
because it has been delegated authority
to implement and enforce this NESHAP.
This NESHAP targets sources that the
state’s motor vehicle refinishing rules
target. Irrespective of the NESHAP’s
registration requirements, subject
sources must comply with the
substantive portion of this NESHAP,
which include, among other things,
extensive training, coating preparation
and application requirements, coating
applicator requirements, management
practices, maintenance of equipment
requirements and recordkeeping.
IV. What changes have been made to
Illinois’ motor vehicle refinishing
standards?
The State of Illinois submitted
amendments to Subpart HH, Motor
Vehicle Refinishing, at 35 Ill. Adm.
Code Sections 218.784 and 219.784 to
allow the use of a new spray gun that
is demonstrated to achieve transfer
efficiency comparable to a HVLP spray
gun. The regulations in Sections
218.784 and 219.784 require the
equivalent coating applicator
technology to be approved by EPA and
documentation of EPA’s approval to be
maintained at the motor vehicle
refinishing operation. This will provide
flexibility to affected sources by
allowing them to choose an alternate
means of compliance that is approved
by EPA. Illinois also repealed the
registration program at 35 Ill. Adm.
Code Sections 218.792 and 219.792 due
to the corresponding, overlapping
Federal NESHAP registration program
already in place. This will streamline
the registration of motor vehicle
refinishing operations and eliminate
source confusion over multiple
registrations.
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The NESHAP at 40 CFR part 63,
subpart HHHHHH targets the sources
that Illinois’ motor vehicle registration
program targets and the registration
programs are very similar in what they
require. The NESHAP’s registration
program is more stringent than Illinois’
registration program in that it requires
an annual notification of any change
from the initial registration, which the
state’s registration program does not
require. 40 CFR 63.11176 (2010).
Moreover, irrespective of the existence
of either registration program, subject
motor vehicle refinishing operations
must comply with the substantive
provisions of both the NESHAP and
Illinois’ motor vehicle refinishing
requirements which contain the
applicable control requirements that
limit emissions from such operations.
Repealing Illinois’ registration program
and the continued applicability of the
NESHAP registration program will
streamline registration for motor vehicle
refinishing sources and avoid confusion
over two separate registration
requirements.
V. What is EPA’s analysis of the state’s
submittal?
Our primary consideration for
determining the approvability of the
Illinois revisions to remove gasoline
volatility standards from the SIP is
whether these revisions comply with
section 110(l) of the CAA. Section 110(l)
of the CAA provides that EPA cannot
approve a SIP revision if that revision
interferes with any applicable
requirement regarding attainment and
reasonable further progress or any other
requirement established in the CAA.
The EPA can, however, approve a SIP
revision that removes or modifies
control measures in the SIP once the
state makes a ‘‘noninterference’’
demonstration that such removal or
modification will not interfere with
attainment of the NAAQS, or any other
CAA requirement. Illinois has evaluated
the impacts of approving these
revisions. The repeal of the ozone
attainment area gasoline volatility
standards in Section 215.585 would
result in no loss of emissions reductions
since this section applied to 1991 only.
The intent of the rule has been fulfilled
through EPA’s volatility standards
adopted pursuant to section 211(k) of
the CAA. The repeal of the Chicago and
Metro-East St. Louis gasoline volatility
standards under Sections 218.585 and
219.585, respectively, would result in
no loss of emissions reductions as the
current Federal RFG standards in place
in both areas achieve additional
emissions reductions benefits beyond
the state standards. The equipment
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specification changes to Illinois’ motor
vehicle refinishing requirements under
Sections 218.784 and 219.784 provide
flexibility to affected sources while not
increasing emissions by allowing the
use of new spray guns that have been
demonstrated to achieve transfer
efficiency comparable to HVLP spray
guns and that have been approved by
EPA. Finally, the removal of the state’s
registration requirements for motor
vehicle refinishing operations is not a
relaxation, since the Federal NESHAP
includes a registration provision
requesting similar and additional
information than what was required in
Illinois’ rules. The deletion of the state
requirement basically removes a
duplicative regulation and decreases the
administrative burden on such sources
while still providing all the necessary
information to IEPA. As noted above, all
registration notifications under the
NESHAP are submitted to IEPA because
it has been delegated authority to
implement and enforce the NESHAP.
VI. What action is EPA taking?
EPA is approving the revisions to the
Illinois ozone SIP submitted on March
19, 2013, concerning the state’s gasoline
volatility standards at Section 218.585
for the Chicago ozone NAA and Section
219.585 for the Metro-East St. Louis
ozone NAA. Since EPA did not approve
the gas volatility standard for 1991 in
Section 215.585 as part of the Federally
enforceable SIP, EPA cannot approve a
SIP revision that repeals this section.
Thus, EPA is taking no action on the gas
volatility standard for 1991. EPA is also
approving amendments to 35 Ill. Adm.
Code Parts 211, 215, 218, and 219 to
make necessary updates. EPA is also
approving amendments to Subpart HH,
Motor Vehicle Refinishing, at 35 Ill.
Adm. Code Sections 218.784 and
219.784 to allow for the use of HVLPequivalent spray guns in motor vehicle
refinishing operations, and the repeal of
the registration program at 35 Ill. Adm.
Code Sections 218.792 and 219.792 due
to overlapping Federal registration
requirements. EPA finds that the
revisions will not interfere with any
applicable requirement concerning
attainment, reasonable further progress
or any other applicable CAA
requirement.
We are publishing this action without
prior proposal because we view this as
a noncontroversial amendment and
anticipate no adverse comments.
However, in the proposed rules section
of this Federal Register publication, we
are publishing a separate document that
will serve as the proposal to approve the
state plan if relevant adverse written
comments are filed. This rule will be
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60069
effective December 5, 2014 without
further notice unless we receive relevant
adverse written comments by November
5, 2014. If we receive such comments,
we will withdraw this action before the
effective date by publishing a
subsequent document that will
withdraw the final action. All public
comments received will then be
addressed in a subsequent final rule
based on the proposed action. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment. If we do not receive any
comments, this action will be effective
December 5, 2014.
VII. 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);
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Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Rules and Regulations
• 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 December 5, 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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
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16:42 Oct 03, 2014
Jkt 235001
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Oxides of Nitrogen, Ozone,
Volatile organic compounds.
Dated: July 29, 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 paragraphs (c)(101)(i)(A)(3),
(c)(101)(i)(B)(3), (c)(109)(i)(D),
(c)(120)(i)(D), and (c)(201) to read as
follows:
■
§ 52.720
Identification of plan.
*
*
*
*
*
(c) * * *
(101) * * *
(i) * * *
(A) * * *
(3) Section 218.585 was repealed in
2013 and is removed without
replacement; see paragraph (c)(201) of
this section.
(B) * * *
(3) Section 219.585 was repealed in
2013 and is removed without
replacement; see paragraph (c)(201) of
this section.
*
*
*
*
*
(109) * * *
(i) * * *
(D) Section 219.585 was repealed in
2013 and is removed without
replacement; see paragraph (c)(201) of
this section.
*
*
*
*
*
(120) * * *
(i) * * *
(D) Sections 218.792 and 219.792
were repealed in 2013 and are removed
without replacement; see paragraph
(c)(201) of this section.
*
*
*
*
*
(201) On March 19, 2013, the Illinois
Environmental Protection Agency
submitted a request to repeal the
gasoline volatility standards at 35 Ill.
Adm. Code 215.585, 218.585, and
219.585, including other related
revisions to 35 Ill. Adm. Code Parts 211,
215, 218, and 219, to revise the motor
vehicle refinishing equipment
specifications at 35 Ill. Adm. Code
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218.784 and 219.784, and to repeal the
motor vehicle refinishing registration
requirements at 35 Ill. Adm. Code
218.792 and 219.792.
(i) Incorporation by reference.
(A) Illinois Administrative Code, Title
35: Environmental Protection, Subtitle
B: Air Pollution, Chapter I: Pollution
Control Board, Subchapter c: Emission
Standards and Limitations for
Stationary Sources, Part 211, Definitions
and General Provisions, Sections
211.101 Incorporations by Reference,
211.2870 Heavy Liquid, and 211.5510
Reid Vapor Pressure. Effective January
28, 2013.
(B) Illinois Administrative Code, Title
35: Environmental Protection, Subtitle
B: Air Pollution, Chapter I: Pollution
Control Board, Subchapter c: Emission
Standards and Limitations for
Stationary Sources, Part 215, Organic
Material Emission Standards and
Limitations, Sections 215.104
Definitions, and 215.105 Incorporation
by Reference. Effective January 28, 2013.
(C) Illinois Administrative Code, Title
35: Environmental Protection, Subtitle
B: Air Pollution, Chapter I: Pollution
Control Board, Subchapter c: Emission
Standards and Limitations for
Stationary Sources, Part 218, Organic
Material Emission Standards and
Limitations for the Chicago Area,
Sections 218.112 Incorporations by
Reference, 218.128 Monitoring VOL
Operations, and 218.784 Equipment
Specifications. Effective January 28,
2013.
(D) Illinois Administrative Code, Title
35: Environmental Protection, Subtitle
B: Air Pollution, Chapter I: Pollution
Control Board, Subchapter c: Emission
Standards and Limitations for
Stationary Sources, Part 219, Organic
Material Emission Standards and
Limitations for the Metro East Area,
Sections 219.112 Incorporations by
Reference, 219.128 Monitoring VOL
Operations, and 219.784 Equipment
Specifications. Effective January 28,
2013.
[FR Doc. 2014–23767 Filed 10–3–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2014–0592; FRL–9917–02Region 9]
Revisions to the California State
Implementation Plan, Imperial County
Air Pollution Control District
Environmental Protection
Agency (EPA).
AGENCY:
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Agencies
[Federal Register Volume 79, Number 193 (Monday, October 6, 2014)]
[Rules and Regulations]
[Pages 60065-60070]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23767]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2013-0273; FRL-9914-97-Region 5]
Approval and Promulgation of Air Quality Implementation Plans;
Illinois; Amendments to Gasoline Volatility Standards and Motor Vehicle
Refinishing Requirements for Illinois
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving state
implementation plan (SIP) revisions submitted by the Illinois
Environmental Protection Agency (IEPA) on March 19, 2013, concerning
the state's gasoline volatility standards. The SIP revisions also
include amendments to the state's motor vehicle refinishing regulations
to allow for the alternative use of a high volume, low pressure (HVLP)
equivalent coating applicator in motor vehicle refinishing operations,
and repeal a registration program under these regulations that overlaps
with Federal registration requirements.
DATES: This direct final rule is effective December 5, 2014, unless EPA
receives adverse comments by November 5, 2014. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the rule will not
take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2013-0273, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: blakley.pamela@epa.gov.
3. Fax: (312) 692-2450.
4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley, Chief, Control Strategies
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal
holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2013-0273. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available
[[Page 60066]]
either electronically in 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 the background for the gasoline volatility standards
portion of this action?
II. What changes have been made to Illinois' gasoline volatility
standards?
III. What is the background for the motor vehicle refinishing
standards portion of this action?
IV. What changes have been made to Illinois' motor vehicle
refinishing standards?
V. What is EPA's analysis of the state's submittal?
VI. What action is EPA taking?
VII. Statutory and Executive Order Reviews.
I. What is the background for the gasoline volatility standards portion
of this action?
Under section 211(c) of the Clean Air Act (CAA), EPA promulgated
regulations on March 22, 1989 (54 FR 11868) that set maximum limits for
the Reid vapor pressure (RVP) of gasoline sold during the regulatory
control periods that were established on a state-by-state basis in the
final rule. The regulatory control periods addressed the portion of the
year when peak ozone concentrations were expected. Peak ozone
concentrations are expected during the summertime. These regulations
constituted Phase I of a two phase nationwide program, which was
designed to reduce the volatility of commercial gasoline during the
high ozone season. Depending on the state and month, gasoline RVP was
not to exceed 10.5 pounds per square inch (psi), 9.5 psi, or 9.0 psi.
Phase I was applicable to calendar years 1989 through 1991. On June 11,
1990 (55 FR 23658), EPA promulgated more stringent volatility controls
as Phase II of the volatility control program. These requirements
established maximum RVP standards of 9.0 psi or 7.8 psi (depending on
the state, the month, and the area's initial ozone attainment
designation with respect to the 1-hour ozone national ambient air
quality standards (NAAQS)). Phase II is applicable to 1992 and
subsequent years.
The 1990 CAA Amendments established a new section, 211(h), to
address fuel volatility. Section 211(h)(1) requires EPA to promulgate
regulations making it unlawful to sell, offer for sale, dispense,
supply, offer for supply, transport, or introduce into commerce
gasoline with an RVP level in excess of 9.0 psi during the high ozone
season. Section 211(h)(2) prohibits EPA from establishing a volatility
standard more stringent than 9.0 psi in an attainment area, except that
the Agency may impose a lower (more stringent) standard in any former
ozone nonattainment area (NAA) redesignated to attainment.
On December 12, 1991 (56 FR 64704), EPA modified the Phase II
volatility regulations to be consistent with section 211(h) of the CAA.
The modified regulations prohibited the sale of gasoline with an RVP
above 9.0 psi in all areas designated attainment for ozone, beginning
in 1992. For areas designated as nonattainment, the regulations
retained the original Phase II standards published on June 11, 1990 (55
FR 23658), which included the 7.8 psi ozone season limitation for
certain areas.
Section 211(k) of the CAA requires the use of reformulated gasoline
(RFG) in the nine ozone NAAs having a 1980 population in excess of
250,000 and having the highest ozone design value during the period
1987 through 1989. The Chicago ozone NAA was designated as one of these
areas. See 40 CFR 80.70(f). The use of RFG was required in the Chicago
ozone NAA beginning in 1995 when Phase I of the RFG program went into
effect. Phase II of the RFG program went into effect in 2000. In
addition to these areas which are required to market RFG, state
Governors can petition EPA for the inclusion of other NAAs in the RFG
program. Accordingly, the State of Illinois requested EPA to extend the
requirement for the sale of RFG for the Illinois portion of the Metro-
East St. Louis ozone NAA in July 2006 with the program becoming
effective in July 2007.
Illinois enacted state specific limits to address the summertime
volatility of gasoline through regulations at 35 Ill. Adm. Code Section
215.585 for the Illinois ozone attainment area, Section 218.585 for the
Chicago ozone NAA, and Section 219.585 for the Metro-East St. Louis
ozone NAA.
On April 6, 1990, and May 4, 1990, Illinois submitted to EPA a
regulation which reduced the maximum allowable volatility for gasoline
sold in Illinois during July and August 1990 to 9.5 psi RVP. EPA
approved this regulation on July 18, 1990 (55 FR 29200). On January 10,
1991, the state adopted amendments further limiting the maximum
allowable volatility for gasoline sold in Illinois during June 1
through September 15, 1991 to 9.0 psi RVP.\1\ On July 25, 1991 and
September 9, 1993 the state adopted changes to Illinois' volatility
regulations limiting the volatility of gasoline sold in the Chicago and
Metro-East St. Louis ozone NAAs to 9.0 psi RVP and lengthened the
regulatory control period to May 1 through September 15. EPA approved
this regulation on September 9, 1994 (59 FR 46562). On October 25,
1994, Illinois submitted to EPA a regulation that reduces the maximum
allowable volatility for gasoline sold in the Illinois portion of the
Metro-East St. Louis ozone NAA, which includes Madison, Monroe, and St.
Clair Counties, to 7.2 psi RVP during the summer control period. EPA
approved this regulation on March 23, 1995 (60 FR 15233). On May 14,
1996, Illinois submitted an amendment to its RVP rule to EPA which
adjusts the summer regulatory control period of the Metro-East St.
Louis RVP program to make it consistent with the national RVP
regulation. EPA approved this regulation on August 12, 1997 (62 FR
43100).
---------------------------------------------------------------------------
\1\ EPA proposed to approve this regulation on June 7, 1991 (66
FR 26359). On April 28, 1992, IEPA requested that EPA place the SIP
revision on the inactive status since IEPA would not be able to take
emission reduction credits for an ``early'' reduction in RVP one
year ahead of the Federal requirement. Consequently, EPA did not
approve this regulation.
---------------------------------------------------------------------------
II. What changes have been made to Illinois' gasoline volatility
standards?
The State of Illinois has repealed its gasoline volatility
standards at 35 Ill. Adm. Code Section 215.585 for the state's ozone
attainment area, Section 218.585 for the Chicago ozone NAA, and Section
219.585 for the Metro-East St. Louis ozone NAA. The state gasoline
volatility regulations have essentially been superseded by Federal
regulations promulgated under Section 211(c) and later under Sections
211(h) and 211(k) of the CAA. For this reason and to relieve the
administrative burden associated with the development of waivers during
periods of fuel supply shortages, the Illinois Pollution Control
[[Page 60067]]
Board repealed the state regulations. The Board also approved clean-up
amendments to 35 Ill. Adm. Code Parts 211, 215, 218, and 219 to update
references and to be consistent with the repeal of the state gasoline
volatility standards.
a. State Ozone Attainment Area
35 Ill. Adm. Code Section 215.585 applied only to the year 1991 in
the state's ozone attainment area and limited the RVP of gasoline sold,
offered for sale, dispensed, supplied, offered for supply or
transported for use in Illinois between June 1 and September 15 to 9.0
psi. Ethanol blend gasoline containing 9 to 10 percent ethanol by
volume were allowed to have an RVP up to 10.0 psi.
Pursuant to Section 211(c) of the CAA, EPA adopted national
gasoline volatility standards which set maximum RVP limits for gasoline
sold during the May 1 to September 15 control period. See 40 CFR 80.27.
Beginning in 1992, these regulations limited the RVP of gasoline sold
in Illinois to 9.0 psi. These regulations also allowed an additional
1.0 psi for ethanol blend gasoline containing 9 to 10 percent ethanol
by volume.
Since Section 215.585 was only in force in 1991, and the Federal
RVP standards now apply to the attainment areas of the state, IEPA
believes that there is no longer any need in maintaining the state
gasoline volatility standard and the Illinois Pollution Control Board
repealed this section.
b. Chicago Ozone Nonattainment Area
The state gasoline volatility standards affecting the Chicago ozone
NAA are found at 35 Ill. Adm. Code 218.585. The Illinois portion of the
Chicago ozone NAA includes Cook, DuPage, Kane, Lake, McHenry, and Will
Counties and Aux Sable and Goose Lake Townships in Grundy County and
Oswego Township in Kendall County. This regulation limits the RVP of
gasoline sold, offered for sale, dispensed, supplied, offered for
supply or transported for use in the Chicago ozone NAA area during May
1 through the September 15 control period to 9.0 psi. A 1.0 psi
allowance is granted for ethanol blend gasoline containing 9 to 10
percent ethanol by volume. On September 9, 1994, EPA approved this
regulation as part of the Illinois SIP. 59 FR 46562 (September 9,
1994).
As stated above, Section 211(k) of the CAA requires the use of RFG
in the nine ozone NAAs having a 1980 population in excess of 250,000
and having the highest ozone design value during the period 1987
through 1989. The Chicago ozone NAA was designated as one of these
areas. See 40 CFR 80.70(f). The use of RFG was required in the Chicago
ozone NAA beginning in 1995 when Phase I of the RFG program went into
effect. Phase II of the RFG program went into effect in 2000 and
requires a 27.4 percent (averaging) reduction in summertime (May 1
through September 15) VOC emissions from RFG in VOC control region 2
areas (northern areas), which includes Chicago. Compliance with the RFG
standards is measured by inputting specific gasoline characteristic
parameters into a performance standards model known as the ``complex
model''. The fuel parameters used in the complex model include RVP,
oxygen, sulfur, aromatics, olefins, benzene, and a percent of fuel
evaporated at 200 and 300 degrees Fahrenheit (E200 and E300,
respectively). The model evaluates the emissions from the RFG blend
compared to the 27.4 percent reduction baseline. Although the RVP of
the fuel is an important characteristic in determining the emissions
from the fuel blend, the RFG standards do not establish a maximum
volatility. Rather, a refiner or blender can vary the specific
parameters as long as the resultant blend meets the overall emission
reduction specification provided by the complex model. The result is an
equivalent percentage reduction in VOC emissions as would be achieved
if a fuel RVP of 6.7 psi was utilized. Even though the RFG requirements
do not specifically establish an RVP limit, historical data indicates
that RVP of RFG sold during the summertime (high ozone season) in the
Chicago ozone NAA is considerably less than the RVP limits established
in the Federal and state gasoline volatility standards, and has a range
of averages from 6.7 to 7.2 psi, well below the maximum limits
established in Section 218.585. Therefore, since the Federal RFG
requirements are more stringent than the Chicago ozone NAA gasoline
volatility regulations in Section 218.585, these regulations are no
longer necessary.
The existence of the Chicago NAA gasoline volatility standards can
also become an obstacle in times of emergency fuel shortages. In the
event of a regional fuel shortage, Section 211(c)(4)(C) of the CAA
allows EPA, with the concurrence of the Department of Energy, to
temporarily waive fuel requirements in order that other fuel can be
brought into the area and sold. EPA has issued two such emergency fuel
waivers since 2005, one due to the impact of Hurricane Katrina, and a
second due to damage caused by a severe storm at a Metro-East St. Louis
area refinery. In these instances, EPA granted a short-term waiver from
the RFG regulations, but due to the existence of the state Chicago NAA
gasoline volatility standards, Illinois had to issue a provisional
variance to the regulation in order for the EPA waiver to achieve its
intended effect. Repealing the existing Chicago NAA gasoline volatility
standards, which are less stringent than the RFG standards, would
result in no loss of emissions reductions benefits, and in times of
regional fuel supply shortages, would eliminate the RVP SIP waiver and
provisional variance processes, allowing other fuel to be marketed in
the affected region in a more efficient manner.
c. Metro-East St. Louis Ozone Nonattainment Area
The state gasoline volatility regulation affecting the Metro-East
St. Louis ozone NAA is found at 35 Ill. Adm. Code Section 219.585. The
Illinois portion of the Metro-East St. Louis ozone NAA includes
Madison, Monroe, St. Clair and Jersey Counties. Section 182(b)(1) of
the CAA requires all moderate and above ozone NAAs to achieve a 15
percent reduction of 1990 emissions of VOC by 1996. The Metro-East St.
Louis area ozone NAA was subject to this requirement and in order to
meet the CAA 15 percent Rate of Progress emissions requirement and to
strive for consistency in the fuel across the St. Louis metropolitan
area, IEPA proposed, and the Illinois Pollution Control Board adopted,
a more stringent gasoline volatility regulation in 1994. This
regulation limits the RVP of gasoline sold, offered for sale,
dispensed, supplied, offered for supply or transported for use in the
Metro-East St. Louis ozone NAA during May 1 through the September 15
control period to 7.2 psi. A 1.0 psi allowance is granted for ethanol
blend gasoline having at least 9 percent but not more than 10 percent
ethyl alcohol by volume. The Illinois Pollution Control Board adopted
an amendment to this regulation which changed the start of regulatory
control period from May 1 to June 1 to be consistent with the Federal
compliance dates. On March 23, 1995, EPA approved the regulation with
the May 1 date as part of the Illinois SIP. 60 FR 15233 (March 23,
1995). On August 12, 1997, EPA approved the revision relating to the
change in the regulatory control period to June 1 as part of the
Illinois SIP. 62 FR 43100 (August 12, 1997).
As stated above, Section 211(k) of the CAA requires the use of RFG
in the nine ozone NAAs having a 1980 population
[[Page 60068]]
in excess of 250,000 and having the highest ozone design value during
the period 1987 through 1989. In addition to these areas which are
required to market RFG, state Governors can petition EPA for the
inclusion of other NAAs in the RFG program. Accordingly, the State of
Illinois requested EPA to extend the requirement for the sale of RFG
for the Illinois portion of the Metro-East St. Louis ozone NAA in July
2006. On April 24, 2007, EPA issued a final rule requiring the sale of
RFG in the Illinois portion of the Metro-East St. Louis ozone NAA. 72
FR 20237 (April 24, 2007). The required use of RFG for VOC control
region 1 (southern areas) in the Illinois portion of the Metro-East St.
Louis ozone NAA would achieve additional emissions reductions beyond
the 7.2 psi RVP limit for the Metro-East St. Louis ozone NAA and would
harmonize the fuel requirements across the region as Missouri had
opted-in the RFG program for the St. Louis portion of the ozone NAA in
1999.
Similar to the situation in Chicago, when regional fuel supply
shortages occurred and EPA issued a waiver from the RFG requirements to
allow the flow of other fuels into the regions, the state had to issue
a provisional variance to the volatility regulations for the Metro-East
St. Louis ozone NAA in order for the EPA waiver to achieve its intended
effect. Repealing the existing gasoline volatility standards for the
Metro-East St. Louis ozone NAA, which are less stringent than the RFG
standards, results in no loss of emissions reductions benefits, and, in
times of regional fuel shortage, would eliminate the RVP SIP waiver and
provisional variance processes, allowing other fuels to be marketed in
the affected area in a more efficient manner.
d. Clean-up Amendments and Update of Technical References
IEPA has also submitted clean-up amendments to 35 Ill. Adm. Code
Parts 211, 215, 218 and 219 to update references and to be consistent
with the repeal of the state's gasoline volatility standards. IEPA
updated the reference to ASTM D 323 to its current version, ASTM D 323-
08, in Section 211.101, and also in the definitions of Heavy Liquid,
Section 211.2870, and RVP, Section 211.5510. In addition, IEPA removed
the reference to Section 215.105 in the definition of Heavy Liquid,
Section 211.2870, because IEPA removed ASTM D 323-82 from Part 215 with
this revision.
IEPA also removed the definition of RVP contained in Section
215.104 because this term is only used in Section 215.585, which has
been repealed, and is also defined in 35 Ill. Adm. Code Part 211. IEPA
also removed ASTM D 323-82, ASTM D 4057, ASTM D 4177, and 40 CFR 80,
appendices D, E, and F contained in Section 215.105 because these
incorporations by reference are only found in Section 215.585, are
outdated, and are no longer necessary with a repeal of the state's
gasoline volatility standards.
Further, Illinois removed 40 CFR 80 and 40 CFR 80, appendices D, E,
and F contained in Sections 218.112 and 219.112 (Incorporations by
Reference) because this Part is no longer necessary with a repeal of
Sections 218.585 and 219.585, and the appendices have already been
repealed. Also, IEPA has updated the reference to ASTM D-323 in
Sections 218.112, 218.128, 219.112, and 219.128 to its current version,
ASTM D-323-08, for measuring vapor pressure.
III. What is the background for the motor vehicle refinishing portion
of this action?
In 1993, the Chicago and Metro-East St. Louis areas were classified
as Severe and Moderate nonattainment, respectively, and as such were
subject to the requirement under Section 182(b)(1) of the CAA to reduce
VOC emissions within six years after November 15, 1990 by at least 15
percent from baseline emissions. Illinois reviewed available control
measures that could provide reductions by 1996 and included motor
vehicle refinishing operations in the 15 percent rate of progress plan
for both areas.
Illinois' motor vehicle refinishing regulations are found at
Subpart HH of 35 Ill. Adm. Code Parts 218 and 219. The regulations
require the use of either an electrostatic spray gun or a HVLP spray
gun. In addition, these regulations require affected sources to
register with the state. Registration includes providing source contact
information, descriptions of coating operations, and certain
certifications. Irrespective of the registration program, motor vehicle
refinishing operations are required to meet the substantive provisions
of Subpart HH, which include, among other things, VOC content
limitations, coating preparation and applicator requirements, and work
practices. EPA approved the motor vehicle refinishing regulations at
Subpart HH of 35 Ill. Adm. Code Parts 218 and 219 as part of the
Illinois SIP on July 25, 1996. 61 FR 38577 (July 25, 1996).
In 2008, EPA promulgated National Emission Standards for Hazardous
Air Pollutants (NESHAP) for Paint Stripping and Miscellaneous Surface
Coating Operations at Area Sources (January 9, 2008, 73 FR 1738). These
standards are found at 40 CFR 63, subpart HHHHHH. As it relates to
surface coating of motor vehicles and mobile equipment, this NESHAP
requires that all subject surface coating operations apply coatings
with a HVLP spray gun, electrostatic spray gun, airless spray gun, air-
assisted airless spray gun, or an equivalent technology demonstrated to
be equal in transfer efficiency to one of these spray guns. 40 CFR
63.11173(e)(3). In addition, this NESHAP requires these operations to
submit an initial registration notification, an annual notification of
changes, and also contains recordkeeping requirements. 40 CFR 63.11175,
63.11176, 63.11177. Proper registration includes providing source
contact information, a description of coating operations, and certain
certifications. 40 CFR 63.11175.
In Illinois, these registration notifications are submitted to IEPA
because it has been delegated authority to implement and enforce this
NESHAP. This NESHAP targets sources that the state's motor vehicle
refinishing rules target. Irrespective of the NESHAP's registration
requirements, subject sources must comply with the substantive portion
of this NESHAP, which include, among other things, extensive training,
coating preparation and application requirements, coating applicator
requirements, management practices, maintenance of equipment
requirements and recordkeeping.
IV. What changes have been made to Illinois' motor vehicle refinishing
standards?
The State of Illinois submitted amendments to Subpart HH, Motor
Vehicle Refinishing, at 35 Ill. Adm. Code Sections 218.784 and 219.784
to allow the use of a new spray gun that is demonstrated to achieve
transfer efficiency comparable to a HVLP spray gun. The regulations in
Sections 218.784 and 219.784 require the equivalent coating applicator
technology to be approved by EPA and documentation of EPA's approval to
be maintained at the motor vehicle refinishing operation. This will
provide flexibility to affected sources by allowing them to choose an
alternate means of compliance that is approved by EPA. Illinois also
repealed the registration program at 35 Ill. Adm. Code Sections 218.792
and 219.792 due to the corresponding, overlapping Federal NESHAP
registration program already in place. This will streamline the
registration of motor vehicle refinishing operations and eliminate
source confusion over multiple registrations.
[[Page 60069]]
The NESHAP at 40 CFR part 63, subpart HHHHHH targets the sources
that Illinois' motor vehicle registration program targets and the
registration programs are very similar in what they require. The
NESHAP's registration program is more stringent than Illinois'
registration program in that it requires an annual notification of any
change from the initial registration, which the state's registration
program does not require. 40 CFR 63.11176 (2010). Moreover,
irrespective of the existence of either registration program, subject
motor vehicle refinishing operations must comply with the substantive
provisions of both the NESHAP and Illinois' motor vehicle refinishing
requirements which contain the applicable control requirements that
limit emissions from such operations. Repealing Illinois' registration
program and the continued applicability of the NESHAP registration
program will streamline registration for motor vehicle refinishing
sources and avoid confusion over two separate registration
requirements.
V. What is EPA's analysis of the state's submittal?
Our primary consideration for determining the approvability of the
Illinois revisions to remove gasoline volatility standards from the SIP
is whether these revisions comply with section 110(l) of the CAA.
Section 110(l) of the CAA provides that EPA cannot approve a SIP
revision if that revision interferes with any applicable requirement
regarding attainment and reasonable further progress or any other
requirement established in the CAA. The EPA can, however, approve a SIP
revision that removes or modifies control measures in the SIP once the
state makes a ``noninterference'' demonstration that such removal or
modification will not interfere with attainment of the NAAQS, or any
other CAA requirement. Illinois has evaluated the impacts of approving
these revisions. The repeal of the ozone attainment area gasoline
volatility standards in Section 215.585 would result in no loss of
emissions reductions since this section applied to 1991 only. The
intent of the rule has been fulfilled through EPA's volatility
standards adopted pursuant to section 211(k) of the CAA. The repeal of
the Chicago and Metro-East St. Louis gasoline volatility standards
under Sections 218.585 and 219.585, respectively, would result in no
loss of emissions reductions as the current Federal RFG standards in
place in both areas achieve additional emissions reductions benefits
beyond the state standards. The equipment specification changes to
Illinois' motor vehicle refinishing requirements under Sections 218.784
and 219.784 provide flexibility to affected sources while not
increasing emissions by allowing the use of new spray guns that have
been demonstrated to achieve transfer efficiency comparable to HVLP
spray guns and that have been approved by EPA. Finally, the removal of
the state's registration requirements for motor vehicle refinishing
operations is not a relaxation, since the Federal NESHAP includes a
registration provision requesting similar and additional information
than what was required in Illinois' rules. The deletion of the state
requirement basically removes a duplicative regulation and decreases
the administrative burden on such sources while still providing all the
necessary information to IEPA. As noted above, all registration
notifications under the NESHAP are submitted to IEPA because it has
been delegated authority to implement and enforce the NESHAP.
VI. What action is EPA taking?
EPA is approving the revisions to the Illinois ozone SIP submitted
on March 19, 2013, concerning the state's gasoline volatility standards
at Section 218.585 for the Chicago ozone NAA and Section 219.585 for
the Metro-East St. Louis ozone NAA. Since EPA did not approve the gas
volatility standard for 1991 in Section 215.585 as part of the
Federally enforceable SIP, EPA cannot approve a SIP revision that
repeals this section. Thus, EPA is taking no action on the gas
volatility standard for 1991. EPA is also approving amendments to 35
Ill. Adm. Code Parts 211, 215, 218, and 219 to make necessary updates.
EPA is also approving amendments to Subpart HH, Motor Vehicle
Refinishing, at 35 Ill. Adm. Code Sections 218.784 and 219.784 to allow
for the use of HVLP-equivalent spray guns in motor vehicle refinishing
operations, and the repeal of the registration program at 35 Ill. Adm.
Code Sections 218.792 and 219.792 due to overlapping Federal
registration requirements. EPA finds that the revisions will not
interfere with any applicable requirement concerning attainment,
reasonable further progress or any other applicable CAA requirement.
We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective December 5,
2014 without further notice unless we receive relevant adverse written
comments by November 5, 2014. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
If we do not receive any comments, this action will be effective
December 5, 2014.
VII. 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);
[[Page 60070]]
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 December 5, 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Oxides of Nitrogen, Ozone, Volatile organic compounds.
Dated: July 29, 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 paragraphs (c)(101)(i)(A)(3),
(c)(101)(i)(B)(3), (c)(109)(i)(D), (c)(120)(i)(D), and (c)(201) to read
as follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(101) * * *
(i) * * *
(A) * * *
(3) Section 218.585 was repealed in 2013 and is removed without
replacement; see paragraph (c)(201) of this section.
(B) * * *
(3) Section 219.585 was repealed in 2013 and is removed without
replacement; see paragraph (c)(201) of this section.
* * * * *
(109) * * *
(i) * * *
(D) Section 219.585 was repealed in 2013 and is removed without
replacement; see paragraph (c)(201) of this section.
* * * * *
(120) * * *
(i) * * *
(D) Sections 218.792 and 219.792 were repealed in 2013 and are
removed without replacement; see paragraph (c)(201) of this section.
* * * * *
(201) On March 19, 2013, the Illinois Environmental Protection
Agency submitted a request to repeal the gasoline volatility standards
at 35 Ill. Adm. Code 215.585, 218.585, and 219.585, including other
related revisions to 35 Ill. Adm. Code Parts 211, 215, 218, and 219, to
revise the motor vehicle refinishing equipment specifications at 35
Ill. Adm. Code 218.784 and 219.784, and to repeal the motor vehicle
refinishing registration requirements at 35 Ill. Adm. Code 218.792 and
219.792.
(i) Incorporation by reference.
(A) Illinois Administrative Code, Title 35: Environmental
Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control
Board, Subchapter c: Emission Standards and Limitations for Stationary
Sources, Part 211, Definitions and General Provisions, Sections 211.101
Incorporations by Reference, 211.2870 Heavy Liquid, and 211.5510 Reid
Vapor Pressure. Effective January 28, 2013.
(B) Illinois Administrative Code, Title 35: Environmental
Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control
Board, Subchapter c: Emission Standards and Limitations for Stationary
Sources, Part 215, Organic Material Emission Standards and Limitations,
Sections 215.104 Definitions, and 215.105 Incorporation by Reference.
Effective January 28, 2013.
(C) Illinois Administrative Code, Title 35: Environmental
Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control
Board, Subchapter c: Emission Standards and Limitations for Stationary
Sources, Part 218, Organic Material Emission Standards and Limitations
for the Chicago Area, Sections 218.112 Incorporations by Reference,
218.128 Monitoring VOL Operations, and 218.784 Equipment
Specifications. Effective January 28, 2013.
(D) Illinois Administrative Code, Title 35: Environmental
Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control
Board, Subchapter c: Emission Standards and Limitations for Stationary
Sources, Part 219, Organic Material Emission Standards and Limitations
for the Metro East Area, Sections 219.112 Incorporations by Reference,
219.128 Monitoring VOL Operations, and 219.784 Equipment
Specifications. Effective January 28, 2013.
[FR Doc. 2014-23767 Filed 10-3-14; 8:45 am]
BILLING CODE 6560-50-P