[Federal Register Volume 69, Number 56 (Tuesday, March 23, 2004)]
[Rules and Regulations]
[Pages 13474-13477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6424]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL218-01a, FRL-7635-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Illinois; Definition of Volatile Organic Material and Volatile Organic 
Compound

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving Illinois' October 31, 2003 request to 
revise the definition of volatile organic material (VOM) and volatile 
organic compound (VOC) to incorporate exemptions for several 
nonreactive compounds from the definition of VOM and VOC and thereby, 
from regulation as ozone precursors. These requested state 
implementation plan (SIP) revisions were made in response to, and 
consistent with, EPA'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, EPA is proposing 
approval of and soliciting public comment on these requested SIP 
revisions. If adverse comments are received on this action, EPA 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 rule is effective on May 24, 2004, unless EPA receives 
adverse written comments by April 22, 2004. If EPA receives adverse 
comments, EPA will publish a timely withdrawal of the rule in the 
Federal Register and inform the public that the rule will not take 
effect.

ADDRESSES: You may inspect copies of the documents relevant to this 
action during normal business hours at the following location: Criteria 
Pollutant Section, Air Programs Branch, (AR-18J), U.S. Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604. Please contact Kathleen D'Agostino at (312) 886-1767 
before visiting the Region 5 office.
    Send written comments to: J. Elmer Bortzer, Acting Chief, Air 
Programs Branch, (AR-18J), U.S. Environmental Protection Agency, Region 
5, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    Comments may also be submitted electronically or through hand 
delivery/courier, please follow the detailed instructions described in 
part (I)(B)(1)(i) through (iii) of the Supplementary Information 
section.

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental 
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J), 
U.S. Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-1767. 
[email protected].

SUPPLEMENTARY INFORMATION:
    This Supplementary Information section is organized as follows:

I. General Information
II. Background Information
III. What Has Illinois Submitted?
IV. Did Illinois Hold a Public Hearing?
V. What Action is EPA Taking?
VI. Is This Action Final, or May I Submit Comments?
VII. Statutory and Executive Order Reviews

I. General Information

A. How Can I Get Copies of This Document and Other Related Information?

    1. The Regional Office has established an official public 
rulemaking file available for inspection at the Regional Office. EPA 
has established an official public rulemaking file for this action 
under ``Region 5 Air Docket IL 218.'' The official public file consists 
of the documents specifically referenced in this action, any public 
comments received, and other information related to this action. 
Although a part of the official docket, the public rulemaking file does 
not include Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. The official 
public rulemaking file is the collection of materials that is available 
for public viewing at the Air Programs Branch, Air and Radiation 
Division, EPA Region 5, 77 West Jackson Boulevard, Chicago, Illinois 
60604. EPA requests that if at all possible, you contact the contact 
listed in the FOR FURTHER INFORMATION CONTACT section to schedule your 
inspection. The Regional Office's official hours of business are Monday 
through Friday, 8:30 to 4:30 excluding Federal holidays.
    2. Electronic Access. You may access this Federal Register document 
electronically through the Regulations.gov Web site located at http://www.regulations.gov where you can find, review, and submit comments on 
Federal rules that have been published in the Federal Register, the

[[Page 13475]]

Government's legal newspaper, and are open for comment.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains 
copyrighted material, CBI, or other information whose disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in the official public 
rulemaking file. The entire printed comment, including the copyrighted 
material, will be available at the Regional Office for public 
inspection.

B. How and To Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate rulemaking identification number by including the text 
``Public comment on proposed rulemaking Region 5 Air Docket IL218'' in 
the subject line on the first page of your comment. Please ensure that 
your comments are submitted within the specified comment period. 
Comments received after the close of the comment period will be marked 
``late.'' EPA is not required to consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket. 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.
    i. E-mail. Comments may be sent by electronic mail (e-mail) to 
[email protected]. Please include the text ``Public comment on 
proposed rulemaking Region 5 Air Docket IL218'' in the subject line. 
EPA's e-mail system is not an ``anonymous access'' system. If you send 
an e-mail comment directly without going through Regulations.gov, EPA's 
e-mail system automatically captures your e-mail address. E-mail 
addresses that are automatically captured by EPA's e-mail system are 
included as part of the comment that is placed in the official public 
docket.
    ii. Regulations.gov. Your use of Regulations.gov is an alternative 
method of submitting electronic comments to EPA. Go directly to 
Regulations.gov at http://www.regulations.gov, then click on the button 
``TO SEARCH FOR REGULATIONS CLICK HERE,'' and select Environmental 
Protection Agency as the Agency name to search on. The list of current 
EPA actions available for comment will be listed. Please follow the 
online instructions for submitting comments. The system is an 
``anonymous access'' system, which means EPA will not know your 
identity, e-mail address, or other contact information unless you 
provide it in the body of your comment.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Section 2, directly 
below. These electronic submissions will be accepted in WordPerfect, 
Word or ASCII file format. Avoid the use of special characters and any 
form of encryption.
    2. By Mail. Send your comments to: Jay Bortzer, Acting Chief, Air 
Programs Branch, (AR-18J), U.S. Environmental Protection Agency, Region 
5, 77 West Jackson Boulevard, Chicago, Illinois 60604. Please include 
the text ``Public comment on proposed rulemaking Region 5 Air Docket 
IL218'' in the subject line on the first page of your comment.
    3. By Hand Delivery or Courier. Deliver your comments to: Jay 
Bortzer, Acting Chief, Air Programs Branch, (AR-18J), U.S. 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
18th floor, Chicago, Illinois 60604. Such deliveries are only accepted 
during the Regional Office's normal hours of operation. The Regional 
Office's official hours of business are Monday through Friday, 8:30 to 
4:30 excluding Federal holidays.

C. How Should I Submit CBI To the Agency?

    Do not submit information that you consider to be CBI 
electronically to EPA. You may claim information that you submit to EPA 
as CBI by marking any part or all of that information as CBI (if you 
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is CBI). Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the official public regional rulemaking file. If you submit the copy 
that does not contain CBI on disk or CD ROM, mark the outside of the 
disk or CD ROM clearly that it does not contain CBI. Information not 
marked as CBI will be included in the public file and available for 
public inspection without prior notice. If you have any questions about 
CBI or the procedures for claiming CBI, please consult the person 
identified in the FOR FURTHER INFORMATION CONTACT section.

II. Background Information

    The EPA's definition of VOC found at 40 CFR 51.100(s) lists 
compounds excluded from the definition of VOC on the basis that they 
have negligible photochemical reactivity. On February 7, 1996 (61 FR 
4588), EPA amended the definition of VOC to add perchloroethylene 
(tetrachloroethylene) to the list of compounds excluded from the 
definition of VOC and thereby from control as ozone precursors. On 
October 8, 1996 (61 FR 52848), EPA amended the definition of VOC to add 
3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca); 1,3-dichloro-
1,1,2,2,3-pentafluoropropane (HCFC-225cb); and decafluoropentane (HFC 
43-10mee) to the list of compounds excluded from the definition of VOC 
and thereby from control as ozone precursors. Similarly, on August 25, 
1997 (62 FR 44900), EPA amended the definition of VOC to add 
difluoromethane (HFC-32); ethylfluoride (HFC-161); 1,1,1,3,3,3-
hexafluoropropane (HFC-236fa); 1,1,2,2,3-pentafluoropropane (HFC-
245ca); 1,1,2,3,3-pentafluoropropane (HFC-245ea); 1,1,1,2,3-
pentafluoropropane (HFC-245eb); 1,1,1,3,3-pentafluoropropane (HFC-
245fa); 1,1,1,2,3,3-hexafluoropropane (HFC-236ea); 1,1,1,3,3-
pentafluorobutane (HFC-365mfc); chlorofluoromethane (HCFC-31); 1,2-
dichloro-1,1,2-trifluoroethane (HCFC-123a); 1-chloro-1-fluoroethane 
(HCFC-151a); 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxybutane 
(C4F9OCH3); 2-(difluoromethoxymethyl)-
1,1,1,2,3,3,3-heptafluoropropane ((CF3) 
2CFCF2OCH3); 1-ethoxy-
1,1,2,2,3,3,4,4,4-nonafluorobutane

[[Page 13476]]

(C4F9OC2H5); and 2-
(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane 
((CF3) 
2CFCF2OC2H5) to the list of 
compounds 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.

III. What Has Illinois Submitted?

    On October 31, 2003, the Illinois Environmental Protection Agency 
(IEPA) submitted revisions to the Illinois SIP for ozone. The submittal 
revises the definition for VOM and VOC contained in 35 Ill. Adm. Code 
211.7250 to incorporate an exemption for perchloroethylene 
(tetrachloroethylene); 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-
225ca); 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb); 
decafluoropentane (HFC 43-10mee); difluoromethane (HFC-32); 
ethylfluoride (HFC-161); 1,1,1,3,3,3-hexafluoropropane (HFC-236fa); 
1,1,2,2,3-pentafluoropropane (HFC-245ca); 1,1,2,3,3-pentafluoropropane 
(HFC-245ea); 1,1,1,2,3-pentafluoropropane (HFC-245eb); 1,1,1,3,3-
pentafluoropropane (HFC-245fa); 1,1,1,2,3,3-hexafluoropropane (HFC-
236ea); 1,1,1,3,3-pentafluorobutane (HFC-365mfc); chlorofluoromethane 
(HCFC-31); 1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a); 1-chloro-1-
fluoroethane (HCFC-151a); 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxybutane 
(C4F9OCH3); 2-(difluoromethoxymethyl)-
1,1,1,2,3,3,3-heptafluoropropane 
((CF3)2CFCF2OCH3); 1-
ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane 
(C4F9OC2H5); and 2-
(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane 
((CF3)2CFCF2OC2H5
) from the definition of VOM and VOC and thereby, from regulation as 
ozone precursors. The revisions to the Illinois definition of VOM and 
VOC were made in response to, and consistent with, EPA's action to add 
these chemical compounds to the list of chemicals that are exempted 
from the definition of VOC.

IV. Did Illinois Hold a Public Hearing?

    Illinois held public hearings on these revisions on November 20, 
1996, April 2, 1997, and June 3, 1998.

V. What Action Is EPA Taking?

    For the reasons stated above, EPA is approving Illinois' October 
31, 2003 request to revise the definition for VOM and VOC contained in 
35 Ill. Adm. Code 211.7250. EPA's approval of the new definition of VOM 
and VOC will revise the Illinois SIP for ozone.

VI. Is this Action Final, or May I Submit Comments?

    EPA is publishing this action without prior proposal, because EPA 
views this as a noncontroversial revision and anticipates no adverse 
comments. However, in a separate document in this Federal Register 
publication, EPA is proposing to approve the SIP revision. Should EPA 
receive adverse written comments by April 22, 2004, we will withdraw 
this direct final and respond to any comments in a final action. If EPA 
does not receive adverse comments, this action will be effective 
without further notice. Any parties interested in commenting on this 
action should do so at this time. If we do not receive comments, this 
action will be effective on May 24, 2004.

VII. Statutory and Executive Order Reviews

Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget.

Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    For this reason, this action is also not subject to Executive Order 
13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001).

Regulatory Flexibility Act

    This action merely approves state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this rule will not have a significant economic impact on a substantial 
number of small entities under the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.).

Unfunded Mandates Reform Act

    Because this rule approves pre-existing requirements under state 
law and does not impose any additional enforceable duty beyond that 
required by state law, it 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).

Executive Order 13175: Consultation and Coordination with Indian Tribal 
Governments

    This rule also does not have tribal implications because it will 
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, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000).

Executive Order 13132: Federalism

    This action also does not have Federalism implications because it 
does not have substantial direct effects 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, as specified in Executive Order 13132 (64 FR 43255, August 
10, 1999). This action merely approves a state rule implementing a 
Federal standard, and does not alter the relationship or the 
distribution of power and responsibilities established in the Clean Air 
Act.

Executive Order 13045: Protection of Children from Environmental Health 
and Safety Risks

    This rule also is not subject to Executive Order 13045 ``Protection 
of Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it is not economically significant.

National Technology Transfer Advancement Act

    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply.

Paperwork Reduction Act

    This rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

[[Page 13477]]

Congressional Review Act

    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 rule 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 May 24, 2004. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: March 1, 2004.
Jo Lynn Traub,
Acting Regional Administrator, Region 5.

0
Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart O--Illinois

0
2. Section 52.720 is amended by adding paragraph (c)(168) to read as 
follows:


Sec.  52.720  Identification of plan.

* * * * *
    (c) * * *
    (168) On October 31, 2003, the Illinois Environmental Protection 
Agency submitted revisions to the Illinois State Implementation Plan 
for ozone. The submittal revises the definition for volatile organic 
material (VOM) and volatile organic compound (VOC) contained in 35 Ill. 
Adm. Code 211.7250 to incorporate an exemption for perchloroethylene 
(tetrachloroethylene); 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-
225ca); 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb); 
decafluoropentane (HFC 43-10mee); difluoromethane (HFC-32); 
ethylfluoride (HFC-161); 1,1,1,3,3,3-hexafluoropropane (HFC-236fa); 
1,1,2,2,3-pentafluoropropane (HFC-245ca); 1,1,2,3,3-pentafluoropropane 
(HFC-245ea); 1,1,1,2,3-pentafluoropropane (HFC-245eb); 1,1,1,3,3-
pentafluoropropane (HFC-245fa); 1,1,1,2,3,3-hexafluoropropane (HFC-
236ea); 1,1,1,3,3-pentafluorobutane (HFC-365mfc); chlorofluoromethane 
(HCFC-31); 1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a); 1-chloro-1-
fluoroethane (HCFC-151a); 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxybutane 
(C4F9OCH3); 2-(difluoromethoxymethyl)-
1,1,1,2,3,3,3-heptafluoropropane 
((CF3)2CFCF2OCH3); 1-
ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane 
(C4F9OC2H5); and 2-
(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane 
((CF3)2CFCF2OC2H5
) from the definition of VOM and VOC and thereby, from regulation as 
ozone precursors.
    (i) Incorporation by reference.
    (A) Illinois Administrative Code Title 35: Environmental 
Protection, Subtitle B: Air Pollution, Chapter 1: 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 Compound (VOC), amended at Illinois Register 11405, 
effective June 22, 1998.

[FR Doc. 04-6424 Filed 3-22-04; 8:45 am]
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