[Federal Register Volume 79, Number 193 (Monday, October 6, 2014)]
[Rules and Regulations]
[Pages 60065-60070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23767]


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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.

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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: [email protected].
    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, 
[email protected].

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).
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    \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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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