62352 Federal Register / Vol. 79, No. 201 / Friday, October 17, 2014 / Rules and Regulations 

TABLE 3—EPA-APPROVED CLARK COUNTY REGULATIONS

County citation Title/Subject 

County 

effective 

date 

EPA approval date Additional explanation 

Section 0 ........................ Definitions ..................... 4/1/14 [Insert Federal Register 

citation], 10/17/14.

Amended by Clark County Board of County 

Commissioners on March 18, 2014 through 

Ordinance No. 4189. Submitted by NDEP on 

4/1/14. 

* * * * * * * 

Section 12.0 ................... Applicability, General 

Requirements and 

Transition Procedures.

4/1/14 [Insert Federal Register 

citation], 10/17/14.

Amended by Clark County Board of County 

Commissioners on March 18, 2014 through 

Ordinance No. 4189. Submitted by NDEP on 

4/1/14. 

Section 12.1 ................... Permit Requirements for 

Minor Sources.

4/1/14 [Insert Federal Register 

citation], 10/17/14.

Amended by Clark County Board of County 

Commissioners on March 18, 2014 through 

Ordinance No. 4189. Submitted by NDEP on 

4/1/14. 

Section 12.2 ................... Permit Requirements for 

Major Sources in Attainment Areas (Prevention of Significant 

Deterioration).

4/1/14 [Insert Federal Register 

citation], 10/17/14.

Amended by Clark County Board of County 

Commissioners on March 18, 2014 through 

Ordinance No. 4189. Submitted by NDEP on 

4/1/14. 

Section 12.3 ................... Permit Requirements for 

Major Sources in 

Nonattainment Areas.

4/1/14 [Insert Federal Register 

citation], 10/17/14.

Amended by Clark County Board of County 

Commissioners on March 18, 2014 through 

Ordinance No. 4189. Submitted by NDEP on 

4/1/14. 

Section 12.4 ................... Authority to Construct 

Application and Permit Requirements For 

Part 70 Sources.

4/1/14 [Insert Federal Register 

citation], 10/17/14.

Amended by Clark County Board of County 

Commissioners on March 18, 2014 through 

Ordinance No. 4189. Submitted by NDEP on 

4/1/14. 

Section 12.7: Subsection 

12.7.5.

Emission Reduction 

Credits.

7/1/10 [Insert Federal Register 

citation], 10/17/14.

The heading for subsection 12.7.5 is ‘‘Criteria for 

Granting ERCs.’’ Adopted by Clark County 

Board of County Commissioners on May 18, 

2010 through Ordinance No. 3864. Submitted 

by NDEP on 4/1/14. 

* * * * * * * 

* * * * * 

[FR Doc. 2014–24510 Filed 10–16–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2014–0123; FRL–9917–42– 

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: Direct 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 

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. 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. 

DATES: This direct final rule is effective 

December 16, 2014, unless EPA receives 

adverse comments by November 17, 

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–2014–0123, 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–2014– 

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Federal Register / Vol. 79, No. 201 / Friday, October 17, 2014 / Rules and Regulations 62353 

1 In areas where certain types of vacuum-assist 

Stage II systems are used, the differences in 

operational design characteristics between ORVR 

and some configurations of these Stage II systems 

result in the reduction of overall control system 

efficiency compared to what could have been 

achieved relative to the individual control 

efficiencies of either ORVR or Stage II emissions 

from the vehicle fuel tank. 

0123. 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 

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 Illinois’ Stage 

II Vapor Recovery Program? 

II. What Changes Have Been Made to Illinois’ 

Gasoline Vapor Recovery Requirements? 

III. What is EPA’s Analysis of the State’s 

Submittal? 

IV. What Action is EPA Taking? 

V. Statutory and Executive Order Reviews 

I. What is the background for Illinois’ 

Stage II Vapor Recovery Program? 

Stage II and onboard refueling vapor 

recovery systems (ORVR) are two types 

of emission control systems that capture 

fuel vapors from vehicle gas tanks 

during refueling. Stage II systems are 

specifically installed at gasoline 

dispensing facilities (GDF) and capture 

the refueling fuel vapors at the gasoline 

pump nozzle. The system carries the 

vapors back to the underground storage 

tank at the GDF to prevent the vapors 

from escaping to the atmosphere. ORVR 

systems are carbon canisters installed 

directly on automobiles to capture the 

fuel vapors evacuated from the gasoline 

tank before they reach the nozzle. The 

fuel vapors captured in the carbon 

canisters are then combusted in the 

engine when the automobile is in 

operation. Stage II and vehicle ORVR 

were initially both required by the 1990 

Amendments to the CAA under sections 

182(b)(3) and 202(a)(6), respectively. In 

some areas, Stage II has been in place 

for over 25 years, but was not widely 

implemented by the states until the 

early to mid-1990s as a result of the 

CAA requirements for moderate, 

serious, severe, and extreme ozone 

NAAs and for states in the Northeast 

Ozone Transport Region (OTR) under 

CAA section 184(b)(2). CAA section 

202(a)(6) required EPA to promulgate 

regulations for ORVR for light-duty 

vehicles (passenger cars). EPA adopted 

these requirements in 1994, at which 

point moderate ozone NAAs were no 

longer subject to the section 182(b)(3) 

Stage II requirement. However, some 

moderate areas retained Stage II 

requirements to provide a control 

method to comply with rate-of-progress 

emission reduction targets. ORVR 

equipment has been phased in for new 

passenger vehicles beginning with 

model year 1998, and starting in 2001 

for light-duty trucks and most heavyduty gasoline-powered vehicles. ORVR 

equipment has been installed on nearly 

all new gasoline-powered light-duty 

vehicles, light-duty trucks and heavyduty vehicles since 2006. 

During the phase-in of ORVR controls, 

Stage II has provided volatile organic 

compound (VOC) reductions in ozone 

NAAs and certain attainment areas of 

the OTR. Congress recognized that 

ORVR and Stage II would eventually 

become largely redundant technologies, 

and provided authority to EPA to allow 

states to remove Stage II from their SIPs 

after EPA finds that ORVR is in 

widespread use. Effective May 16, 2012, 

the date the final rule was published in 

the Federal Register (77 FR 28772), EPA 

determined that ORVR is in widespread 

nationwide use for control of gasoline 

emissions during refueling of vehicles at 

GDFs. Currently, more than 75 percent 

of gasoline refueling nationwide occurs 

with ORVR-equipped vehicles, so Stage 

II programs have become largely 

redundant control systems and Stage II 

systems achieve an ever declining 

emissions benefit as more ORVRequipped vehicles continue to enter the 

on-road motor vehicle fleet.1 EPA also 

exercised its authority under CAA 

section 202(a)(6) to waive certain 

Federal statutory requirements for Stage 

II gasoline vapor recovery at GDFs. This 

decision exempts all new ozone NAAs 

classified serious or above from the 

requirement to adopt Stage II control 

programs. Similarly, any states currently 

implementing Stage II programs may 

submit SIP revisions that, once 

approved by EPA, would allow for the 

phase out of Stage II control systems. 

On September 30, 1992, Illinois 

submitted Stage II vapor recovery rules 

as a SIP revision to EPA to satisfy the 

requirement of section 182(b)(3) of the 

CAA. The revision applied to the 

Chicago NAA (Cook, DuPage, Kane, 

Lake, McHenry, Will Counties and Aux 

Sable and Goose Lake Townships in 

Grundy County and Oswego Township 

in Kendall County) and Metro-East St. 

Louis NAA (Madison, Monroe, and St. 

Clair Counties). EPA fully approved 

Illinois’ Stage II program on January 12, 

1993 (58 FR 3841), including the 

program’s legal authority and 

administrative requirements found in 

Sections 218.583, 219.583, 218.586, and 

219.586 of the Illinois Administrative 

Code (Ill. Adm. Code). In 1994, Illinois 

repealed the Stage II requirements for 

the Metro-East NAA under Ill. Adm. 

Code 219.586 due to the promulgation 

by EPA of regulations for ORVR for 

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62354 Federal Register / Vol. 79, No. 201 / Friday, October 17, 2014 / Rules and Regulations 

light-duty vehicles, at which point, 

moderate ozone NAAs like the MetroEast, were no longer subject to the 

section 182(b)(3) Stage II requirement. 

EPA approved Illinois request to repeal 

the Stage II vapor recovery control 

requirements for the Metro-East St. 

Louis NAA on December 16, 1994 (59 

FR 64853). 

II. What changes have been made to 

Illinois’ gasoline vapor recovery 

requirements? 

On January 17, 2014, IEPA submitted 

a SIP revision requesting the phase-out 

of Stage II requirements for the Chicago 

area. To support the removal of the 

Stage II requirements, the revision 

included amended copies of 35 Ill. 

Adm. Code Parts 201, 218, and 219 

effective on December 23, 2013, 

authorizing the phase-out of Stage II 

requirements in Illinois; modeling using 

EPA’s MOVES2010b model to 

determine emission impacts of 

maintaining and removing the Stage II 

program; and a demonstration under 

CAA section 110(l). The CAA 110(l) 

demonstration included in the state’s 

SIP revision specifically shows that 

there are no emission reduction losses 

resulting from the removal of Stage II 

program requirements in the Illinois 

portion of the Chicago NAA. IEPA 

calculated that by 2014 there is a ‘‘crossover point’’ after which the 

simultaneous use of ORVR and 

incompatible Stage II systems would 

begin to result in an emissions 

disbenefit. Modeling demonstrates that 

beginning in 2014, ORVR alone would 

start to provide greater reductions in 

refueling emissions than the 

simultaneous use of ORVR and Stage II 

in the Illinois portion of the Chicago 

ozone NAA. 

As discussed above, the amended 

rules submitted by Illinois as part of this 

SIP revision primarily serve to phaseout the Stage II requirements at GDFs in 

the Illinois portion of the Chicago NAA, 

implement decommissioning 

procedures by which GDFs are to 

appropriately decommission their 

current vapor recovery equipment, and 

establish timeframes for these actions to 

take place. These amendments, as 

described in detail below, affect 35 Ill. 

Adm. Code Part 218. In addition, IEPA 

has submitted clarifying and clean-up 

amendments in 35 Ill. Adm. Code Parts 

201 and 219 that are further discussed 

below. 

Subpart Y of 35 Ill. Adm. Code Part 

218 contains the ‘‘Gasoline 

Distribution’’ regulations for the 

Chicago NAA including the ‘‘Motor 

Vehicle Fueling Operations’’ 

requirements in section 218.586. The 

majority of the rule revisions prompted 

by the proposed phase-out of the Stage 

II program occur in this section. In 

addition to the substantive revisions to 

the rules addressing the phase-out of the 

Stage II program and the inclusion of 

decommissioning procedures, certain 

provisions are either being deleted as no 

longer necessary, revised for clarity, or 

updated to replace outdated references. 

The primary changes to section 218.586 

to phase-out the Stage II program occur 

with revisions to subsection 218.586(d), 

now titled ‘‘Compliance’’, and with the 

addition of subsection 218.586(i) 

‘‘Decommissioning.’’ Subsections 

218.586(d)(1) through (5), which 

previously defined the time frame by 

which GDFs of certain monthly gasoline 

throughput were required to comply 

with the vapor recovery and control 

requirements, have been deleted. 

Instead, Illinois is requiring in a new 

subsection (d)(1) that existing affected 

GDFs continue operating such 

equipment until decommissioning is 

commenced. As provided by subsection 

218.586(d)(2), new GDFs will not be 

subject to Stage II vapor recovery 

requirements. 

Section 218.586(i) defines the 

decommissioning timeframes and 

procedures. As discussed earlier, in 

2014, the vehicle refueling emission 

reductions achieved by the widespread 

use of ORVR-equipped vehicles will 

exceed reductions achieved by the 

continued operation of the Stage II 

program. Thus, the continued operation 

of the Stage II program will provide no 

additional emission reduction benefit. 

As a result, under section 

218.586(i)(1)(A), Illinois allowed 

existing affected GDFs to begin 

decommissioning their Stage II vapor 

recovery equipment as of January 1, 

2014. As provided by section 

218.586(i)(1)(B), all Stage II equipment 

must be decommissioned by December 

31, 2016. In order to minimize the time 

that incompatible Stage II systems are in 

operation, all existing affected GDFs 

must complete the decommissioning 

process within three years from January 

1, 2014. Subsection 218.586(i)(2) 

contains the decommissioning 

procedures and standards. 

Decommissioning must be performed in 

accordance with the Petroleum 

Equipment Institute’s ‘‘Recommended 

Practices for Installation and Testing of 

Vapor-Recovery Systems at VehicleFueling Sites,’’ PEI/RP300–09, which 

Illinois has incorporated by reference at 

35 Ill. Adm. Code 218.112. Further, 

subsection 218.586(i)(2)(B) requires 

contractors involved in the 

decommissioning process to be 

registered and licensed by the State. 

Subsection 218.586(i)(2)(B) also requires 

the pressure decay test and tie-tank test 

to be performed and passed using 

specified procedures. Illinois also 

requires in subsection 218.586(i)(2)(A) 

that the owners or operators of GDFs 

provide a notice of intent to 

decommission to IEPA at least 10 days 

prior to commencing decommissioning. 

This notice would allow the state the 

ability to schedule an inspector to be 

present when the decommissioning 

takes place to the extent this is 

necessary. Subsection 218.586(i)(2)(C) 

requires owners or operators of the 

affected GDFs and contractors to 

complete and sign a Stage II 

decommissioning checklist and 

certification, to be developed by IEPA, 

documenting the decommissioning 

procedures performed. Within 30 days 

after completion of the 

decommissioning procedures, owners or 

operators must provide the completed 

checklist and certification and the test 

results to IEPA. Subsection 

218.586(g)(4) requires all 

decommissioning records to be 

maintained for five years after 

decommissioning and made available to 

IEPA upon request. 

The Stage I regulations in sections 

218.583 and 219.583 require controls for 

vapors displaced from storage tanks at 

GDFs during the transfer of gasoline 

from product delivery vessels. In 

sections 218.583(e) and 219.583(e) 

which address storage tank filling 

operations, Illinois repealed the 

registration program for GDFs subject to 

the Stage I vapor recovery requirements 

in the Chicago and Metro-East NAAs, 

respectively, due to overlapping Federal 

notification requirements at 40 CFR part 

63, subpart CCCCCC. The Federal 

National Emission Standards for 

Hazardous Air Pollutants (NESHAP) 

rules for GDFs at 40 CFR part 63, 

subpart CCCCCC include notification 

requirements for those that dispense 

10,000 gallons of gasoline or more per 

month. This would cover all GDFs, 

including those subject to Stage I and II 

requirements. The Stage II registration 

requirements at section 218.586(h) 

remain in effect until a GDF begins the 

decommissioning process. 

Previously, GDFs that registered 

under the state’s Stage I and Stage II 

programs were exempted from the 

requirements of having to obtain a 

permit under the state’s minor source 

permitting program. By 

decommissioning, GDFs would no 

longer be required to be registered with 

the State II program, resulting in the 

unintended consequence of requiring 

permitting of such sources. Therefore, 

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Federal Register / Vol. 79, No. 201 / Friday, October 17, 2014 / Rules and Regulations 62355 

Illinois has clarified the rules so that 

registration will no longer be required in 

order to obtain an exemption from 

permitting and believes that one permit 

exemption, contained in one place in 

the Illinois Administrative Code, is less 

confusing than dual permit exemptions. 

The changes continue the existing 

exemptions under both programs. 

Section 201.146 provides exemptions 

from state permit requirements. Illinois 

has established a single Stage II permit 

exemption in section 201.146(l) which 

is combined with a permit exemption 

for Stage I. This Stage II permit 

exemption applies to fuel dispensing 

equipment that is used for dispensing 

any fuel to mobile sources for use in 

such sources. Additionally, the 

amendments clarify sections 201.146(n) 

and (nn), and repeal section 201.146(kk) 

which provided an exemption from 

permitting for sources that register with 

IEPA since it is no longer necessary. 

Further, the amendments clarify the 

requirements for annual emission 

reports at Section 201.302. 

Illinois has also included other 

revisions to 35 Ill. Adm. Code Part 219 

that apply to the Metro-East NAA which 

includes Madison, Monroe, and St. Clair 

counties. Section 219.105 sets forth test 

methods and procedures used in 

conjunction with this Part. Section 

219.105(j) which includes the Stage II 

gasoline vapor recovery test methods is 

no longer applicable due to the repeal 

of the Metro-East NAA Stage II rule in 

February 1994, therefore Illinois has 

repealed these test methods. Illinois has 

also removed the incorporation by 

reference of EPA’s Stage II vapor 

recovery technical guidance in section 

219.112(v) since this guidance is no 

longer applicable due to the repeal of 

the Metro-East NAA Stage II 

requirements in 1994. 

III. What is EPA’s analysis of the State’s 

submittal? 

Our primary consideration for 

determining the approvability of the 

Illinois revisions to remove Stage II 

requirements 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 phase-out of the Stage II 

program in the Illinois portion of the 

Chicago ozone NAA found in section 

218.586 would result in no loss of 

emissions reductions since IEPA has 

determined that beginning in 2014, 

Stage II will no longer be necessary and 

its continued use would result in the 

release of more refueling emissions than 

with ORVR alone. This is primarily due 

to the incompatibility of the two 

systems and the widespread use of 

ORVR in the Chicago NAA. 

The removal of the State’s registration 

requirements for Stage I operations is 

not a relaxation, since the Federal 

NESHAP (40 CFR part 63, subpart 

CCCCCC) includes a notification 

provision at 40 CFR 63.11124 requesting 

similar information to 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. All 

notifications under the NESHAP are 

submitted to IEPA because it has been 

delegated authority to implement and 

enforce the NESHAP. Finally, the 

clarification to the state’s permitting 

exemption requirements indicating that 

Stage I and Stage II registration is no 

longer required to obtain an exemption 

from permitting, would result in no loss 

of emissions reductions as the changes 

to the requirements only continue the 

existing exemptions for these sources. 

IV. 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 

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. 

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 16, 2014 without 

further notice unless we receive relevant 

adverse written comments by November 

17, 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 16, 2014. 

V. 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); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

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62356 Federal Register / Vol. 79, No. 201 / Friday, October 17, 2014 / Rules and Regulations 

• 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). 

This rule 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 as specified by Executive 

Order 13175, nor will it 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 16, 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, Incorporation by 

reference, Oxides of nitrogen, Ozone, 

Volatile organic compounds. 

Dated: September 24, 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 paragraph (c)(202) to read as 

follows: 

§ 52.720 Identification of plan. 

* * * * * 

(c) * * * 

(202) 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: Emissions 

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’’ 

and Subpart Y: Gasoline Distribution, 

Sections 218.583 ‘‘Gasoline Dispensing 

Operations—Storage Tank Filling 

Operations’’ and 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, Sections 

219.105 ‘‘Test Methods and Procedures’’ 

and 219.112 ‘‘Incorporations by 

Reference’’, and Subpart Y: Gasoline 

Distribution, Section 219.583 ‘‘Gasoline 

Dispensing Operations—Storage Tank 

Filling Operations’’, effective December 

23, 2013. 

[FR Doc. 2014–24462 Filed 10–16–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Chapter IV 

Office of Inspector General 

42 CFR Chapter V 

[CMS–1439–RCN] 

RIN 0938–AR30 

Medicare Program; Final Waivers in 

Connection With the Shared Savings 

Program; Continuation of 

Effectiveness and Extension of 

Timeline for Publication of Final Rule 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS) and Office of 

Inspector General (OIG), HHS. 

ACTION: Interim final rule; continuation 

of effectiveness and extension of 

timeline for publication of final rule. 

SUMMARY: This document announces the 

continuation of effectiveness of an 

interim final rule and the extension of 

the timeline for publication of the final 

rule. This document is issued in 

accordance with section 1871(a)(3)(C) of 

the Social Security Act (the Act), which 

allows an interim final rule to remain in 

effect after the expiration of the timeline 

specified in section 1871(a)(3)(B) of the 

Act if the Secretary publishes a notice 

of continuation prior to the expiration of 

the timeline. 

DATES: This document is effective on 

October 17, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Catherine Bernstein (410) 786–6887 or 

Lisa Ohrin (410) 786–8852, for general 

issues and issues related to the 

Physician Self-Referral Law. 

Patrice Drew (202) 619–1368, for general 

issues and issues related to the 

Federal anti-kickback statute or civil 

monetary penalties law. 

SUPPLEMENTARY INFORMATION: 

mstockstill on DSK4VPTVN1PROD with RULES