[Federal Register Volume 73, Number 137 (Wednesday, July 16, 2008)]
[Rules and Regulations]
[Pages 40748-40750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15815]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2006-0003; FRL-8578-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Illinois

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a revision to the Illinois Ozone State 
Implementation Plan (SIP). On August 17, 2005, Illinois requested that 
five compounds be added to its list of compounds that are exempt from 
being considered as volatile organic compounds (VOCs). EPA no longer 
considers four of the compounds to be VOCs for control and 
recordkeeping/reporting purposes because the compounds were shown to be 
negligibly photochemically reactive, and do not lead to ozone 
formation. EPA, however, determined that tertiary-butyl acetate (t-
butyl acetate) has negligible contribution to ozone formation, and, 
therefore, is not considered a VOC for emission limits and VOC control 
requirements, it should, noneless, continue to be covered by 
recordkeeping, emission reporting, and inventory requirements. Illinois 
provided a supplementary submission on January 29, 2008, correcting the 
August 17, 2007, submittal by clarifying the restrictions pertaining to 
the compound t-butyl acetate.

DATES: This final rule is effective on August 15, 2008.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2006-0003. 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 Matt Rau, 
Environmental Engineer, at (312) 886-6524 before visiting the Region 5 
office.

FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer, 
Criteria Pollutant Section, Air Programs Branch (AR-18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 886-6524, [email protected].

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 Revisions Did the State Request?
II. What Is EPA's Analysis of the Revisions?
III. What Are the Environmental Effects of This Action?
IV. What Action Is EPA Taking Today?
V. Statutory and Executive Order Reviews

I. What Revisions Did the State Request?

    Illinois requested revisions to its ozone SIP which would add five 
compounds to the list of compounds exempt from VOC requirements because 
they are negligibly photochemicially reactive. Illinois uses the term 
``volatile organic matter'' or ``VOM'' in place of VOC. The State 
requested the compounds 1,1,1,2,2,3,3-Heptafluoro-3-methoxypropane 
(``n-C3F7OCH3''), 3-Ethoxy 
1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl)hexane (``HFE-
7500''), 1,1,1,2,3,3,3-Heptafluoropropane (``HFC-227ea''), Methyl 
formate, and tertiary-Butyl acetate (``t-butyl acetate'') be added to 
Title 35 of the Illinois Administrative Code (IAC) Section 211.7150(a), 
its list

[[Page 40749]]

of compounds exempt from VOC requirements. Illinois also requested the 
addition of t-butyl acetate to the 35 IAC 211.7150(a) exemption list, 
with a separate provision that special requirements, 35 IAC 
211.7150(e), apply to t-butyl acetate. T-butyl acetate is to be 
considered a VOC for recordkeeping, emissions reporting, modeling, and 
inventory requirements, but is not to be considered VOC for emission 
limits or content requirements.

II. What Is EPA's Analysis of the Revisions?

    On November 29, 2004, EPA added four compounds, n-
C3F7OCH3, HFE-7500, HFC-227ea, and 
methyl formate, to its list of compounds exempt from VOC requirements, 
(69 FR 69290). On the same day, EPA also exempted t-butyl acetate from 
emission limitations and VOC content requirements, but continued in 
effect for that compound recordkeeping, emissions reporting, and 
inventory requirements, (69 FR 69298).
    In its August 17, 2005, submission, Illinois requested that n-
C3F7OCH3, HFE-7500, HFC-227ea, methyl 
formate, and t-butyl acetate be listed as compounds that are exempt 
from VOC requirements. The State's addition of the first four of these 
compounds to its list of exempt compounds can be approved, as EPA added 
them to its list of compounds exempt from VOC regulation on November 
29, 2004. As to the fifth compound, t-butyl acetate, Illinois has 
limited the extent of its exemption from regulation (consistent with 
EPA's November 29, 2004 action), in its supplementary submission of 
January 29, 2008. In 35 IAC 211.7150(a), Illinois adds t-butyl acetate 
to the list of compounds exempt from VOC regulation. However, Illinois 
also specifically provides that t-butyl acetate will continue to be 
governed by recordkeeping, emissions reporting, and inventory 
requirements. Consequently, Illinois's rule revisions provide adequate 
notice to t-butyl acetate users that, while the compound is exempt from 
emission limitations and content requirements, it continues to be 
regulated by recordkeeping, emissions reporting and inventory 
requirements.

III. What Are the Environmental Effects of This Action?

    Volatile organic compounds are precursors to ozone formation. 
Complex photochemical reactions involving VOCs form tropospheric ozone.
    Ozone decreases lung function, causing chest pain and coughing. It 
can aggravate asthma, reduce lung capacity, and increase risk of 
respiratory diseases like pneumonia and bronchitis. Children playing 
outside and healthy adults who work or exercise outside may also be 
harmed by elevated ozone levels. Ozone also reduces vegetation growth 
in economically important agricultural crops and wild plants.
    EPA has determined that the five compounds make a negligible 
contribution to ozone formation. Thus, the compounds are no longer 
considered to be VOCs for emission control purposes, and the exemptions 
will not harm air quality.\1\ In fact, if sources switch from the use 
of a VOC compound to one of the compounds that are no longer considered 
VOCs, ozone formation may be reduced.
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    \1\ Recordkeeping and reporting requirements for t-butyl acetate 
and other future exempt compounds are retained because even 
``negligibly reactive'' compounds may contribute significantly to 
ozone formation if present in sufficient quantities. Also, accurate 
emission figures are needed for modeling analyses. The recordkeeping 
and reporting for t-butyl acetate are further justified when 
considering its reactivity is on the borderline of what has been 
considered negligibly reactive.
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IV. What Action Is EPA Taking Today?

    EPA is approving VOC revisions to the Illinois SIP. Specifically, 
EPA is approving revisions to 35 IAC 211.7150(a) and (e). Illinois has 
added language to section 211.7150(a) that states that some compounds 
listed in that section must also follow the restrictions in section 
211.7150(e). All five compounds are listed in section 211.7150(a), but 
the notation makes it clear that t-butyl acetate users must follow the 
special recordkeeping, emissions reporting, modeling, and inventory 
requirement restrictions from section 211.7150(e).

V. 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, 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 Clean Air Act, petitions for 
judicial review of

[[Page 40750]]

this action must be filed in the United States Court of Appeals for the 
appropriate circuit by September 15, 2008. 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. 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: May 27, 2008.
Bharat Mathur,
Acting Regional Administrator, Region 5.


0
For the reasons stated in the preamble, part 52, chapter I, of 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)(181) to read as 
follows:


Sec.  52.720  Identification of plan.

* * * * *
    (c) * * *
    (181) On August 17, 2005 and January 29, 2008, Illinois submitted 
revised regulations that are consistent with 40 CFR 51.100(s)(1), as 
amended by 69 FR 69298. The compounds 1,1,1,2,2,3,3-heptafluoro-3-
methoxypropane (n-C3F7OCH3), 3-ethoxy 
1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl)hexane (HFE-
7500), 1,1,1,2,3,3,3-heptafluoropropane (HFC-227ea), and methyl formate 
were added to the list of negligibly reactive compounds excluded from 
the definition of VOM in 35 IAC 211.7150(a). Tertiary-butyl acetate is 
also listed in 35 IAC 211.7150(a) with a notation that it must also 
meet the requirements of 35 IAC 211.7150(e), which state that tertiary-
butyl acetate is considered a VOC for recordkeeping, emissions 
reporting, modeling, and inventory requirements, but is not considered 
a VOC for emission limits or content requirements.
    (i) Incorporation by reference.
    (A) Illinois Administrative Code Title 35: Environmental 
Protection, Part 211: Definitions and General Provisions, Subpart B: 
Definitions, Section 211.7150: Volatile Organic Matter (VOM) or 
Volatile Organic Compound (VOC), Subsections 211.7150(a) and 
211.7150(e). Effective January 16, 2008.

[FR Doc. E8-15815 Filed 7-15-08; 8:45 am]
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