[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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