13248 Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Rules and Regulations 

4. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3State Route 520). 

5. Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

determined that this rule does not have 

implications for federalism. 

6. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

7. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such expenditure, we 

do discuss the effects of this rule 

elsewhere in this preamble. 

8. Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

9. Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

10. Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

11. Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

12. Energy Effects 

This action is not a ‘‘significant 

energy action’’ under Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

14. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA)(42 U.S.C. 4321–4370f), and 

have determined that this action is one 

of a category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a 100 

yard temporary safety zone around the 

east span of the State Route 520 Bridge. 

The rule will prevent any vessel from 

approaching within 100 yards of the 

east span during periods of construction 

with permission of the Captain of the 

Port. This rule is categorically excluded 

from further review under paragraph 

34(g) of Figure 2–1 of the Commandant 

Instruction. An environmental analysis 

checklist supporting this determination 

and a Categorical Exclusion 

Determination are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for Part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1 

■ 2. Add § 165.T13–283 to read as 

follows: 

§ 165.T13–283 Safety Zone; State Route 

520 Bridge, Lake Washington; Seattle, WA. 

(a) Location. The following areas are 

designated as a safety zone: All waters 

within 100 yards of the east span of the 

State Route 520 Bridge, located on Lake 

Washington at the following point: 

47°38′16.4′′ N, 122°14′31.4′′ W. 

(b) Regulations. In accordance with 

the general regulations in 33 CFR part 

165, subpart C, vessels wishing to enter 

the zone must request permission for 

entry by contacting the Joint Harbor 

Operation Center at 206–217–6001. 

Once permission for entry is granted 

vessels must proceed at a minimum 

speed for safe navigation. 

(c) Dates. This rule will be enforced 

on days during which construction 

operations occur, from 3 a.m. to 11 a.m., 

or until the construction barge has 

departed from the waterway under the 

east span, starting on February 18, 2015, 

until May 30, 2015. 

Dated: February 18, 2015. 

M. W. Raymond, 

Captain, U.S. Coast Guard, Captain of the 

Port, Puget Sound. 

[FR Doc. 2015–05741 Filed 3–12–15; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2014–0123; FRL–9922–71– 

Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Illinois; 

Amendments to Gasoline Vapor 

Recovery Requirements for Illinois 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a state 

implementation plan (SIP) revision 

submitted by the Illinois Environmental 

Protection Agency (IEPA) on January 17, 

2014, concerning the state’s gasoline 

vapor recovery requirements. The 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Rules and Regulations 13249 

revision phases out the Stage II vapor 

recovery (Stage II) program 

requirements in the Illinois portion of 

the Chicago ozone nonattainment area 

(NAA) as a component of the Illinois 

ozone SIP. To be consistent with the 

repeal of the Stage II program 

requirements, the SIP revision also 

includes amendments to the state’s 

permitting regulations applicable to 

storage tanks and fuel dispensing, 

including repealing the Stage I vapor 

recovery (Stage I) registration provisions 

due to overlapping Federal notification 

requirements and state tracking systems 

for gasoline dispensing operations. 

Finally, the SIP revision includes other 

clarifying and clean-up amendments at 

35 Ill. Adm. Code Parts 201, 218, and 

219. The submittal also includes a 

demonstration under section 110(l) of 

the Clean Air Act (CAA) that shows 

there are no emissions impacts 

associated with the removal of the 

program. A proposed rule approving 

IEPA’s submittal was published in the 

Federal Register on October 17, 2014. 

DATES: This final rule is effective on 

April 13, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2014–0123. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone 

Francisco J. Acevedo, Mobile Source 

Program Manager, at (312) 886–6061, 

before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Francisco J. Acevedo, Mobile Source 

Program Manager, Control Strategies 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6061, 

acevedo.francisco@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. What is being addressed by this document? 

II. What is our response to comments 

received on the notice of proposed 

rulemaking? 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews. 

I. What is being addressed by this 

document? 

On October 17, 2014, EPA published 

proposed (79 FR 62378) and direct final 

(79 FR 62352) rules approving revisions 

to the Illinois ozone SIP submitted on 

January 17, 2014, concerning the State’s 

Stage II vapor recovery program 

requirements in Illinois. The rules also 

included amendments to 35 Ill. Adm. 

Code Parts 201, 218, and 219 to make 

necessary updates and to be consistent 

with the repeal of the Stage II program 

standards. A full list of the regulatory 

changes submitted by Illinois for EPA 

approval included: 

• Revisions to 35 Ill. Adm. Code 

201.146 and 201.302 adopted at 38 Ill. 

Reg. 1005, effective December 23, 2013. 

• Revisions to 35 Ill. Adm. Code 

218.112, 218.583, and 218.586 adopted 

at 38 Ill. Reg. 1032, effective December 

23, 2013. 

• Revisions to 35 Ill. Adm. Code 

219.105, 219.112, and 218.583 adopted 

at 38 Ill. Reg. 1061, effective December 

23, 2013. 

EPA subsequently received adverse 

comments on the direct final rule and 

withdrew it on December 10, 2014 (79 

FR 73202). The proposal was not 

withdrawn and remained in effect. In 

this action we are responding to the 

comments and taking final action to 

approve Illinois’ SIP revision request 

submitted on January 17, 2004. 

II. What is our response to comments 

received on the notice of proposed 

rulemaking? 

EPA only received one adverse 

comment on the October 17, 2014, 

proposed approval of this Illinois rule. 

We are responding to the commenter 

who disagreed with our action. 

Comment. The commenter notes that 

the CAA section 110(l) demonstration 

submitted by Illinois is flawed and the 

commenter claims that there are in fact 

significant emission reduction losses 

resulting from the removal of the Stage 

II program requirements in Illinois. The 

commenter further claims that the 

increased emissions represent a 

significant environmental, health and 

safety risk. 

Response 

The commenter’s primary argument 

that Illinois’ 110(l) demonstration is 

‘‘flawed’’ is not directly supported in 

the comments submitted to EPA. The 

commenter does not provide any 

specific information outlining how or 

why he believes the state’s 110(l) 

demonstration is unsound, or how 

approving the state’s action would 

represent a significant environmental, 

health and safety risk. The state’s SIP 

submittal, on the other hand, included 

an extensive analysis using state 

specific data demonstrating that 

beginning in 2014, on-board refueling 

vapor recovery (ORVR) systems alone 

would start providing greater reductions 

in refueling emissions than the 

simultaneous use of ORVR and Stage II 

in the Chicago ozone NAA. The 

commenter submitted only general 

calculations deriving the increase in 

refueling emissions, but the 

methodology and data used for 

calculating the stated emissions impacts 

are unexplained and appear to be based 

on incomplete assumptions that on their 

own are not acceptable for SIP 

demonstration purposes as they do not 

use state specific information, including 

vehicle miles traveled, fuel Reid vapor 

pressure, meteorological data, and 

vehicle population. Further, the 

commenter’s calculations do not take 

into consideration the incompatibility 

issue between some Stage II systems and 

ORVR systems that is being addressed 

through the state’s Stage II 

decommissioning process. EPA has 

provided guidance to states on how the 

compatibility factor should be 

incorporated into SIP revisions for Stage 

II programs. Specifically, EPA issued 

guidance including a document entitled 

‘‘Guidance on Removing Stage II 

Gasoline Vapor Control Programs from 

State Implementation Plans and 

Assessing Comparable Measures,’’ 

EPA457/B–12–001 (August 7, 2012). 

IEPA’s calculations are consistent with 

EPA guidance and take the 

compatibility factor into account. After 

considering the commenter’s concerns 

and re-examining Illinois’ SIP submittal, 

including the state’s responses to 

similar issues raised by the commenter 

during the state’s rule development 

process, EPA continues to find that 

IEPA’s modeling demonstration 

supports phasing out the state’s Stage II 

vapor recovery systems and complies 

with the CAA section 110(l) ‘‘antibacksliding’’ provisions. 

III. What action is EPA taking? 

EPA is approving the revisions to the 

Illinois ozone SIP submitted on January 

17, 2014, concerning the State’s Stage II 

vapor recovery program standards in 

Illinois. EPA is also approving 

amendments to 35 Ill. Adm. Code Parts 


tkelley on DSK3SPTVN1PROD with RULES
13250 Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Rules and Regulations 

201, 218, and 219 to make necessary 

updates and to be consistent with the 

repeal of the Stage II program standards. 

EPA finds that the revisions will not 

interfere with any applicable 

requirement concerning attainment, 

reasonable further progress or any other 

applicable CAA requirement. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

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 May 12, 2015. 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, Oxides of nitrogen, Ozone, 

Volatile organic compounds. 

Dated: January 30, 2015. 

Bharat Mathur, 

Acting Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. Section 52.720 is amended by 

adding paragraph (c)(203) to read as 

follows: 

§ 52.720 Identification of plan. 

* * * * * 

(c) * * * 

(203) On January 17, 2013, the Illinois 

Environmental Protection Agency 

submitted a request to phase out Stage 

II vapor recovery standards at 35 Ill. 

Adm. Code 218.586 and to make other 

related revisions to 35 Ill. Adm. Code 

Parts 201, 218, and 219. 

(i) Incorporation by reference. 

(A) Illinois Administrative Code, Title 

35: Environmental Protection, Subtitle 

B: Air Pollution, Chapter I: Pollution 

Control Board, Subchapter a: Permits 

and General Provisions, Part 201, 

Permits and General Provisions, Subpart 

C: Prohibitions, Section 201.146, 

Exemptions from State Permit 

Requirements, and Subpart K: Records 

and Reports, Section 201.302, Reports, 

effective December 23, 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 218, Organic 

Material Emission Standards and 

Limitations for the Chicago Area, 

Subpart A: General Provisions, Section 

218.112, Incorporations by Reference, 

Subpart Y: Gasoline Distribution, 

Section 218.583, Gasoline Dispensing 

Operations—Storage Tank Filling 

Operations and Section 218.586, 

Gasoline Dispensing Operations—Motor 

Vehicle Fueling Operations, effective 

December 23, 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 219, Organic 

Material Emission Standards and 

Limitations for the Metro East Area, 

Subpart A: General Provisions, Section 

219.105, Test Methods and Procedures, 

and Section 219.112, Incorporations by 

Reference, Subpart Y: Gasoline 

Distribution, Section 219.583, Gasoline 

Dispensing Operations—Storage Tank 

Filling Operations, effective December 

23, 2013. 

[FR Doc. 2015–05649 Filed 3–12–15; 8:45 am] 

BILLING CODE 6560–50–P 


tkelley on DSK3SPTVN1PROD with RULES