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
Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Rules and Regulations 60071 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the 

Imperial County Air Pollution Control 

District (ICAPCD) portion of the 

California State Implementation Plan 

(SIP). These revisions concern oxides of 

nitrogen (NOX ) emissions from 

wallboard kilns and internal 

combustion engines. We are approving 

local rules that regulate these emission 

sources under the Clean Air Act (CAA 

or the Act). 

DATES: This rule is effective on 

December 5, 2014 without further 

notice, unless EPA receives adverse 

comments by November 5, 2014. If we 

receive such comments, we will publish 

a timely withdrawal in the Federal 

Register to notify the public that this 

direct final rule will not take effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2014–0592, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air–4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments 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 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. 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: Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California 94105–3901. While all 

documents in the docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), and some may not 

be publicly available in either location 

(e.g., CBI). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Idalia Perez, EPA Region IX, (415) 972– 

3248, perez.idalia@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rules did the State submit? 

B. Are there other versions of these rules? 

C. What is the purpose of the submitted 

rules? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 

C. EPA Recommendations To Further 

Improve the Rules 

D. Public Comment and Final Action 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rules did the State submit? 

Table 1 lists the rules we are 

approving with the dates that they were 

adopted by the local air agency and 

submitted by the California Air 

Resources Board (CARB). 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Adopted Submitted 

ICAPCD .................................. 400.3 Internal Combustion Engine(s) ............................................... 10/22/13 02/10/14 

ICAPCD .................................. 400.4 Emissions of Oxides of Nitrogen from Wallboard Kilns ......... 10/22/13 02/10/14 

On April 9, 2014, EPA determined 

that the submittal for ICAPCD Rules 

400.3 and 400.4 met the completeness 

criteria in 40 CFR Part 51 Appendix V, 

which must be met before formal EPA 

review. 

B. Are there other versions of these 

rules? 

There are no previous versions of 

Rules 400.3 and 400.4. 

C. What is the purpose of the submitted 

rules? 

NOX helps produce ground-level 

ozone, smog and particulate matter, 

which harm human health and the 

environment. Section 110(a) of the CAA 

requires States to submit regulations 

that control NOX emissions. Rule 400.3 

regulates emissions of NOX from 

internal combustion engines with a 

brake horsepower greater than 50. Rule 

400.4 regulates emissions of NOX from 

kilns with a heat input rating of 

MMBtu/hour or larger that operate at 

wallboard production facilities. EPA’s 

technical support documents (TSD) 

have more information about these 

rules. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

Generally, SIP rules must be 

enforceable (see section 110(a) of the 

Act), must require Reasonably Available 

Control Technology (RACT) for each 

category of sources covered by a Control 

Techniques Guidelines (CTG) document 

as well as each NOX or VOC major 

source in ozone nonattainment areas 

classified as moderate or above (see 

sections 182(b)(2) and 182(f)), and must 

not relax existing requirements (see 

sections 110(l) and 193). The ICAPCD 

regulates an ozone nonattainment area 

classified as moderate for the 8-hour 

ozone NAAQS (see 40 CFR 81.305), so 

Rule 400.3 and 400.4 must fulfill RACT 

if the District has major sources in these 

categories. 

Guidance and policy documents that 

we use to evaluate enforceability and 

RACT requirements consistently 

include the following: 

1. ‘‘State Implementation Plans; General 

Preamble for the Implementation of Title I of 

the Clean Air Act Amendments of 1990,’’ 57 

FR 13498 (April 16, 1992); 57 FR 18070 

(April 28, 1992). 

2. ‘‘State Implementation Plans; Nitrogen 

Oxides Supplement to the General Preamble; 

Clean Air Act Amendments of 1990 

Implementation of Title I; Proposed Rule,’’ 

(the NOX Supplement), 57 FR 55620, 

November 25, 1992. 

3. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and Deviations,’’ 

EPA, May 25, 1988 (the Bluebook). 


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60072 Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Rules and Regulations 

4. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule Deficiencies,’’ 

EPA Region 9, August 21, 2001 (the Little 

Bluebook). 

5. ‘‘Alternative Control Techniques 

Document—NOX Emissions from Stationary 

Reciprocating Internal Combustion Engines,’’ 

U.S. EPA, July 1993. 

6. ‘‘Determination of Reasonably Available 

Control Technology and Best Available 

Retrofit Control Technology for Stationary 

Spark-Ignited Internal Combustion Engines,’’ 

CARB, November 2001. 

B. Do the rules meet the evaluation 

criteria? 

We believe these rules are consistent 

with the relevant policy and guidance 

regarding enforceability, RACT, and SIP 

relaxations. Since there are no major 

sources subject to Rule 400.3 that are 

required to meet RACT, Rule 400.3 is 

not required to implement RACT 

requirements and at this time we are not 

making a determination of its ability to 

implement RACT. The TSDs have more 

information on our evaluation. Rule 

400.4 implements RACT. 

C. EPA Recommendations To Further 

Improve the Rules 

The TSDs describe additional rule 

revisions that we recommend for the 

next time the local agency modifies the 

rules. 

D. Public Comment and Final Action 

As authorized in section 110(k)(3) of 

the Act, EPA is fully approving the 

submitted rules because we believe they 

fulfill all relevant requirements. We do 

not think anyone will object to this 

approval, so we are finalizing it without 

proposing it in advance. However, in 

the Proposed Rules section of this 

Federal Register, we are simultaneously 

proposing approval of the same 

submitted rules. If we receive adverse 

comments by November 5, 2014, we 

will publish a timely withdrawal in the 

Federal Register to notify the public 

that the direct final approval will not 

take effect and we will address the 

comments in a subsequent final action 

based on the proposal. If we do not 

receive timely adverse comments, the 

direct final approval will be effective 

without further notice on December 5, 

2014. This will incorporate these rules 

into the federally enforceable SIP. 

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. 

III. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act 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 Clean Air Act. 

Accordingly, this action merely 

approves State law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by State law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• does not provide EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, 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 Clean 

Air Act, 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 this 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Reporting and 

recordkeeping requirements. 

Dated: August 20, 2014. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 


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Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Rules and Regulations 60073 

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. 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraph (c)(442) (i)(A)(2) and 

(3) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(442) * * * 

(i) * * * 

(A) * * * 

(2) Rule 400.3, ‘‘Internal Combustion 

Engine(s),’’ adopted on October 22, 

2013. 

(3) Rule 400.4, ‘‘Emissions of Oxides 

of Nitrogen from Wallboard Kilns,’’ 

adopted on October 22, 2013. 

* * * * * 

[FR Doc. 2014–23788 Filed 10–3–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2014–0274; FRL 9917–33– 

Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Illinois; 

Revision to the Chicago 8-Hour Ozone 

Maintenance Plan 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving the State of 

Illinois’ March 28, 2014, revision to the 

state implementation plan (SIP) for the 

1997 8-hour ozone maintenance plan for 

the Illinois portion of the Chicago-GaryLake County, Illinois-Indiana area (the 

Greater Chicago Area). This SIP revision 

establishes new Motor Vehicle 

Emissions Budgets (MVEB) for volatile 

organic compounds (VOC) and oxides of 

nitrogen (NOX) for the year 2025. EPA 

is approving the allocation of a portion 

of the safety margin for VOC and NOX

in the ozone maintenance plan to the 

2025 MVEBs. Total year 2025 emissions 

of VOC and NOX for the area will 

remain below the attainment levels as 

required by the transportation 

conformity regulations. 

DATES: This final rule is effective on 

November 5, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2014–0274. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

i.e., Confidential Business Information 

(CBI) 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 Michael 

Leslie, Environmental Engineer, at (312) 

353–6680 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Michael Leslie, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–6680, 

leslie.michael@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 this action? 

II. What is EPA’s response to comments? 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews 

I. What is the background for this 

action? 

On August 13, 2012 (77 FR 48062), 

EPA approved a request from the State 

of Illinois to redesignate the Illinois 

portion of the Greater Chicago Area to 

attainment of the 1997 8-hour ozone 

national ambient air quality standard 

(NAAQS). In addition to approving the 

ozone redesignation request, EPA 

approved the State’s plan for 

maintaining the 1997 8-hour ozone 

NAAQS in the Illinois portion of the 

Greater Chicago Area through 2025. The 

ozone maintenance plan established 

MVEBs for VOC and NOX for the year 

2025. 

MVEBs are the projected levels of 

controlled emissions from the 

transportation sector (mobile sources) 

that are estimated in the SIP to provide 

for maintenance of the ozone NAAQS. 

The transportation conformity rule 

allows the MVEB to be changed as long 

as the total level of emissions from all 

sources remains below the attainment 

levels. 

On March 28, 2014, Illinois submitted 

a SIP revision to the 1997 8-hour ozone 

maintenance plan for the Illinois 

portion of the Greater Chicago Area. 

This SIP revision establishes new 

MVEBs for VOC and NOX for the year 

2025. Illinois allocated a portion of the 

safety margin for VOC and NOX in the 

ozone maintenance plan to the 2025 

MVEBs. Total year 2025 emissions of 

VOC and NOX for the area will remain 

below the attainment levels required by 

the transportation conformity 

regulations. 

On May 22, 2014, EPA published 

proposed (79 FR 29395) and direct final 

(79 FR 29324) rules approving a revision 

to the 1997 8-hour ozone maintenance 

plan for the Illinois portion of the 

Greater Chicago Area. EPA subsequently 

received adverse comments on the 

direct final rule and withdrew it on June 

26, 2014 (79 FR 36220). The proposal 

was not withdrawn. 

II. What is EPA’s response to 

comments? 

EPA received one supportive and one 

adverse comment on the May 22, 2014 

(79 FR 29324) proposed approval of the 

Illinois SIP revision. The adverse 

comment was submitted by Robert 

Ukeiley. 

Comment from Robert Ukeiley: The 

commenter contends that EPA’s 

approval of an increase in mobile source 

NOX and VOC emissions will interfere 

with attainment the 2008 ozone NAAQS 

as expeditiously as possible and will 

also interfere with reasonable further 

progress in violation of Clean Air Act 

Section 110(l). The comment provides 

no support for or explanation of the 

basis for these claims. 

Response to Robert Ukeiley: Clean Air 

Act (Act) Section 110(l) provides in 

part: ‘‘The Administrator shall not 

approve a revision of a plan if the 

revision would interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress or any other applicable 

requirement of this chapter.’’ As a 

general matter, EPA must and does 

consider section 110(l) requirements for 

every SIP revision, including whether 

the revision would ‘‘interfere with’’ any 

applicable requirement. See, e.g., 70 FR 

53, 57 (January 3, 2005); 70 FR 17029, 

17033 (April 4, 2005); 70 FR 28429, 

28431 (May 18, 2005); and 70 FR 58119, 

58134 (October 5, 2005). 

At this time, the Greater Chicago Area 

is marginal nonattainment for the 2008 

ozone NAAQS. Marginal areas have an 


tkelley on DSK3SPTVN1PROD with RULES