[Federal Register Volume 73, Number 150 (Monday, August 4, 2008)]
[Rules and Regulations]
[Pages 45158-45160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17699]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2006-0003; FRL-8696-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Illinois

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a revision to the Illinois State 
Implementation Plan (SIP) for ozone. The state is incorporating 
revisions EPA made to its definition of volatile organic compound 
(VOC). This SIP revision adds one compound to the list of compounds 
that

[[Page 45159]]

are exempt from being considered a VOC. This is because it was 
determined that the listed compound does not significantly contribute 
to ozone formation.

DATES: This direct final rule will be effective October 3, 2008, unless 
EPA receives adverse comments by September 3, 2008. 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-2006-0003, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: [email protected].
    3. Fax: (312) 886-5824.
    4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air 
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant 
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 am to 4:30 pm excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2006-0003. 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 e-mail. 
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 e-
mail comment directly to EPA without going through www.regulations.gov 
your e-mail 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 legal 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 is EPA approving?
II. What is EPA's analysis of the revisions?
III. What are the environmental effects of this action?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews

I. What is EPA approving?

    EPA is approving an Illinois SIP revision that adds to the list of 
compounds that are exempt from being considered a VOC. On January 29, 
2008, Illinois submitted its revised 35 Illinois Administrative Code 
(IAC) 211.7150(a), the state's VOC exemption list, with the addition of 
1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane 
(HFE-7300), 
C2F5CF(OCH3)CF(CH3)2
, requesting that this revised rule be incorporated into the Illinois 
SIP in place of the current 35 IAC 211.7150(a). Compounds listed under 
35 IAC 211.7150(a) are considered to be excluded from the definition of 
a VOC. These compounds were determined to have negligible photochemical 
reactivity. Users of the listed compounds are not required to follow 
VOC limits or content requirements.

II. What is EPA's analysis of the revisions?

    EPA evaluated the petition to list HFE-7300 as a negligibly 
reactive compound submitted by its manufacturer. On January 18, 2007, 
EPA's approval (72 FR 2193) of adding HFE-7300 to its list of compounds 
that are not considered VOCs was effective. The reactivity of this 
compound with the hydroxyl radical (OH), the primary way by which most 
organic compounds initially participate in atmospheric reactions that 
lead to ozone formation, was compared to the reactivity of ethane. The 
reactivity of ethane is the benchmark EPA considers in determining if 
an organic compound is negligibly reactive. For HFE-7300, the 
reactivity (kOH) was determined to be 1.5 x 10-14 
cm3/molecule/sec. This is lower than ethane's kOH 
of 2.4 x 10-13 cm3/molecule/sec. Thus, EPA 
considers HFE-7300 to be a negligibly reactive compound. EPA made this 
determination only for the compound in its pure form, meaning at least 
99.96 percent by weight. Any azeotrope mixtures or organic blends of 
HFE-7300 are not exempt and thus are considered VOCs.

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 HFE-7300 makes a negligible contribution to 
ozone formation. Thus, the compound is no longer considered to be a VOC 
for emission control purposes, and the exemptions will not harm air 
quality. In fact, if sources switch from the use of a VOC compound to 
one of the compounds that are no longer considered VOC, ozone formation 
may be reduced.

[[Page 45160]]

IV. What action is EPA taking?

    EPA is approving revisions to the Illinois SIP for ozone. This 
revision adds one compound to the list of compounds considered exempt 
from being a VOC compound. The compound HFE-7300 is added to the exempt 
compounds list. Illinois sources are not required to follow VOC limits 
or content requirements when using HFE-7300.
    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 October 3, 2008 
without further notice unless we receive relevant adverse written 
comments by September 3, 2008. 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. The EPA will not institute a second 
comment period. Any parties interested in commenting on this action 
should do so at this time. If we do not receive any comments, this 
action will be effective October 3, 2008.

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 this action must be filed in the United States Court 
of Appeals for the appropriate circuit by October 3, 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: July 14, 2008.
Walter W. Kovalick Jr.,
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)(182) to read as 
follows:


Sec.  52.720  Identification of plan.

* * * * *
    (c) * * *
    (182) On January 29, 2008, Illinois submitted revised regulations 
that are consistent with 40 CFR 51.100(s)(1), as amended by 72 FR 2193. 
The compound 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-
trifluoromethyl-pentane (HFE-7300) was added to the list of negligibly 
reactive compounds excluded from the definition of VOM in 35 IAC 
211.7150(a).
    (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), Subsection 211.7150(a). Effective 
January 16, 2008.

[FR Doc. E8-17699 Filed 8-1-08; 8:45 am]
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