Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Rules and Regulations 60065 

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. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

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: 

§ 52.2570 Identification of plan. 

* * * * * 

(c) * * * 

(131) On August 11, 2014, the 

Wisconsin Department of Natural 

Resources submitted a request to revise 

Wisconsin’s Prevention of Significant 

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 

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 


tkelley on DSK3SPTVN1PROD with RULES
60066 Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Rules and Regulations 

1EPA 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. 

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 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 

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 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 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Rules and Regulations 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 


tkelley on DSK3SPTVN1PROD with RULES
60068 Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Rules and Regulations 

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 

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. 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Rules and Regulations 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 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 

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); 


tkelley on DSK3SPTVN1PROD with RULES
60070 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 

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 

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–9917–02- 

Region 9] 

Revisions to the California State 

Implementation Plan, Imperial County 

Air Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 


tkelley on DSK3SPTVN1PROD with RULES