[Federal Register Volume 61, Number 56 (Thursday, March 21, 1996)]
[Rules and Regulations]
[Pages 11550-11552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6603]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IL140-1-7283a, IL141-1-7284a; FRL-5441-5]
Approval and Promulgation of Implementation Plans; Illinois
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: The United States Environmental Protection Agency (USEPA)
approves, through direct final procedure, Illinois' November 14, 1995
request to incorporate an exemption for acetone from the definitions of
Organic Material and Organic Materials, Petroleum Liquid, and Volatile
Organic Matter (VOM) or Volatile Organic Compounds (VOC) contained in
the Illinois State Implementation Plan (SIP), and thereby from
regulation as an ozone precursor. The USEPA also approves Illinois'
November 15, 1995 request to revise the definition of VOM or VOC
contained in the Illinois SIP to incorporate an exemption for
parachlorobenzotrifluoride and cyclic, branched or linear completely-
methylated siloxanes from the definition of VOM or VOC and thereby,
from regulation as ozone precursors. These requested SIP revisions were
made in response to, and consistent with, USEPA's action to add these
chemical compounds to the list of chemicals that are exempted from the
definition of VOC. In the proposed rules section of this Federal
Register, USEPA is proposing approval of and soliciting public comment
on these requested SIP revisions. If adverse comments are received on
this action, USEPA will withdraw this final rule and address the
comments received in response to this action in a final rule on the
related proposed rule which is being published in the proposed rules
section of this Federal Register. A second public comment period will
not be held. Parties interested in commenting on this action should do
so at this time.
DATES: This action is effective May 20, 1996 unless adverse or comments
not previously addressed by the State or USEPA are received by April
22, 1996. If the effective date of this action is delayed due to
adverse comments, timely notice will be published in the Federal
Register.
ADDRESSES: Written comments should be sent to: J. Elmer Bortzer, Chief,
Regulation Development Section, Air Programs Branch (AR-18J), U.S.
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,
Illinois, 60604.
Copies of the Illinois submittal are available for public review
during normal business hours, between 8:00 a.m. and 4:30 p.m., at the
above address.
A copy of this SIP revision is also available for inspection at:
Office of Air and Radiation (OAR), Docket and Information Center (Air
Docket 6102), Room 1500, U.S. Environmental Protection Agency, 401 M
Street, S.W., Washington, D.C. 20460.
FOR FURTHER INFORMATION CONTACT: Randolph O. Cano, Regulation
[[Page 11551]]
Development Section, Regulation Development Air Programs Branch (AR-
18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard,
Chicago, Illinois, 60604. Telephone: (312) 886-6036.
SUPPLEMENTARY INFORMATION: On June 16, 1995 (60 FR 31633), USEPA
amended the definition of VOC to exclude acetone from the definition of
VOC and thereby from control as an ozone precursor. Similarly on
October 5, 1994 (59 FR 50693), USEPA amended the definition of VOC to
add parachlorobenzotrifluoride and the class of compounds known as
cyclic, branched or linear completely-methylated siloxanes to the list
of chemicals excluded from the definition of VOC and thereby from
control as ozone precursors. These exclusions were based on scientific
evidence that these chemical compounds have negligible photochemical
reactivity and a negligible contribution to tropospheric ozone
formation.
The USEPA is approving the amendments to Title 35: Environmental
Protection of the Illinois Administrative Code (35IAC), Subtitle B: Air
Pollution, Chapter I: Pollution Control Board, Part 211 as received on
November 14th and November 15th 1995 as requested SIP revisions.
Final Rulemaking Action
For the reasons stated above, USEPA is approving the State's
request to incorporate these revised definitions into the Illinois SIP.
The specific rule and rule amendments being approved are as follows:
Section 211.4250 Organic Material and Organic Materials, Section
211.4260 Organic Solvent, Section 211.4610 Petroleum Liquid, Section
211.7150 Volatile Organic Material (VOM) or Volatile Organic Compounds
(VOC)
The USEPA is publishing this action without prior proposal because
USEPA views this action as a noncontroversial revision and anticipates
no adverse comments. However, the rulemaking will not be deemed final
if timely unaddressed adverse or critical comments are filed. The
``direct final'' approval shall be effective on May 20, 1996, unless
USEPA receives such adverse or critical comments by April 22, 1996. The
USEPA is now soliciting public comments on this action. Any parties
interested in commenting on this action should do so at this time. In
the proposed rules section of this Federal Register, USEPA is
publishing a separate document which constitutes a ``proposed
approval'' of the requested SIP revision. If warranted by comments
adverse to or critical of the approval discussed above, which have not
been addressed by the State or USEPA, USEPA will publish a Federal
Register document which withdraws this final action. The USEPA will
then address public comments received in a subsequent rulemaking
document based on the proposed approval.
Under sections 202, 203 and 205 of the Unfunded Mandates Reform Act
of 1995 (Unfunded Mandates Act), signed into law on March 22, 1995,
USEPA must undertake various actions in association with proposed or
final rules that include a Federal mandate that may result in estimated
costs of $100 million or more to the private sector, or to a State,
local and/or tribal government(s) in the aggregate. The USEPA must also
develop a plan with regard to small governments that would be
significantly or uniquely affected by the rule.
This rule imposes no additional Federal requirements. Rather it
removes some existing Federal requirements which are no longer needed.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, USEPA may certify that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small not-for-profit
enterprises, and government entities with jurisdiction over populations
of less than 50,000.
The SIP approvals under section 110 and subchapter I, part D, of
the Act do not create any new requirements, but simply approve
requirements that the State is already imposing. Therefore, because the
Federal SIP approval does not impose any new requirements, I certify
that it does not have a significant impact on small entities. Moreover,
due to the nature of the Federal-State relationship under the Act,
preparation of a regulatory flexibility analysis would constitute
Federal inquiry into the economic reasonableness of State action. The
Act forbids the USEPA to base its actions concerning SIPs on such
grounds. Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66
(1976).
Under section 307(b)(1)of the Act, petitions for judicial review of
this action must be filed in the United States Court of Appeals for the
appropriate circuit by May 20, 1996. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purpose 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, Hydrocarbons,
Incorporation by reference, Ozone, and Volatile organic compounds.
Dated: March 1, 1996.
Valdas V. Adamkus,
Regional Administrator.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart O--Illinois
2. Section 52.720 is amended by adding paragraphs (c)(125) and
(126) to read as follows:
Sec. 52.720 Identification of plan.
(c) * * *
(125) On November 14, 1995 the State submitted requested revisions
to the Illinois State Implementation Plan in the form of revisions to
the definitions of Organic Material and Organic Materials, Organic
Solvent, Petroleum Liquid and Volatile Organic Material (VOM) or
Volatile Organic Compound (VOC) intended to exempt acetone from
regulation as a VOC.
(i) Incorporation by reference. 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, Subpart B: Definitions, Section 211.4250 Organic Material
and Organic Materials, Section 211.4260 Organic Solvent, Section
211.4610 Petroleum Liquid, Section 211.7150 Volatile Organic Material
(VOM) or Volatile Organic Compounds (VOC). Amended at 19 Ill. Reg.
15176, effective October 19, 1995.
(126) On November 15, 1995 the State submitted a requested revision
to the Illinois State Implementation Plan in the form of a revision to
the definition Volatile Organic Material (VOM) or Volatile Organic
Compound (VOC) intended to exempt parachlorobenzotrifluoride and
cyclic, branched or linear completely methylated siloxanes from the
definition of VOM or VOC and thereby, from regulation as a VOC.
[[Page 11552]]
(i) Incorporation by reference. 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, Subpart B: Definitions, Section 211.7150 Volatile Organic
Material (VOM) or Volatile Organic Compounds (VOC). Amended at 19 Ill.
Reg. 11066, effective July 12, 1995.
[FR Doc. 96-6603 Filed 3-20-96; 8:45 am]
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