[Federal Register Volume 80, Number 34 (Friday, February 20, 2015)]
[Rules and Regulations]
[Pages 9202-9204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-03450]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2014-0504; FRL-9921-44-Region 5]
Approval and Promulgation of Air Quality Implementation Plans;
Illinois; VOM Definition
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a
request submitted by the Illinois Environmental Protection Agency
(Illinois EPA) on June 10, 2014, to revise the Illinois State
Implementation Plan (SIP). The submission amends the Illinois
Administrative Code (IAC) by updating the definition of ``volatile
organic material (VOM) or volatile organic compound (VOC)'' to add five
compounds to the list of exempted compounds. These revisions are based
on EPA rulemakings in 2013 which added these compounds to the list of
chemical compounds that are excluded from the Federal definition of VOC
because, in their intended uses, they make negligible contributions to
tropospheric ozone formation.
DATES: This direct final rule will be effective April 21, 2015, unless
EPA receives adverse comments by March 23, 2015. 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-2014-0504, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: [email protected].
3. Fax: (312)408-2279
4. Mail: Douglas Aburano, Chief, Attainment Planning and
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Douglas Aburano, Chief, Attainment Planning and
Maintenance 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 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2014-0504. 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 email. 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 email comment
directly to EPA without going through www.regulations.gov your email
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 Federal holidays.
We recommend that you telephone Douglas Aburano, Section Chief at (312)
353-6960 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Douglas Aburano, Section Chief,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-6960,
[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 the background for this action?
A. When did the State submit the SIP revision to EPA?
B. Did Illinois hold public hearings on this SIP revision?
II. What is EPA approving?
III. What is EPA's analysis of the SIP revision?
IV. What action is the EPA taking?
V. Statutory and Executive Order Reviews
I. What is the background for this action?
A. When did the State submit the SIP revision to EPA?
The Illinois EPA submitted a revision to the Illinois SIP to EPA
for approval on June 10, 2014. The SIP revision updates the definition
of VOM or VOC at 35 IAC Part 211, Subpart B, Section 211.7150(a).
B. Did Illinois hold public hearings on this SIP revision?
The Illinois Pollution Control Board held a public hearing on the
proposed SIP revision on October 31, 2013. The Board received no
comments.
II. What is EPA approving?
EPA is approving an Illinois SIP revision that updates the
definition of VOM or VOC at 35 IAC Part 211, Subpart B, Section
211.7150(a) to add (difluoromethoxy) (difluoro)methane
(CHF2OCHF2 or HFE-134), bis(difluoromethoxy)
(difluoro)methane (CHF2OCF2OCHF2 or
HFE-236cal2), 1-(difluoromethoxy)-2-[(difluoromethoxy)
((difluoro)methoxy]-1,1,2,2-tetrafluoroethane
(CHF2OCF2OCF2CF2OCHF2
or HFE-43-10pccc), 1,2-bis(difluoromethoxy)-1,1,2,2-tetrafluoroethane
(CHF2OCF2CF2OCHF2 or HFE-
338pcc13), and trans 1-chloro-3,3,3-trifluoroprop-1-ene
(CF3CHCHCl) to the list of excluded compounds at 35 IAC
211.7150(a). Illinois took this action based on EPA's 2013 rulemakings
in which EPA determined these compounds have a negligible contribution
to tropospheric ozone formation and thus should be excluded from the
definition of VOC codified at 40 CFR 51.100(s). (See 78 FR 9823
[[Page 9203]]
(February 12, 2013) and 78 FR 53029 (August 28, 2013)). This action
also approves minor administrative changes in alphabetization of
compound names and correction of compound condensed structural formulas
to 35 IAC 211.7150(a) that refer to compounds previously approved as
excluded from the definition of VOM in the Illinois SIP.
III. What is EPA's analysis of the SIP revision?
In 2005, EPA received a petition asking EPA to exempt
HCF2OCF2H (HFE-134),
HCF2OCF2OCF2H (HFE-236cal2),
HCF2OCF2CF2OCF2H (HFE-
338pcc13),
HCF2OCF2OCF2CF2OCF2
H (H-Galden 1040x or H-Galden ZT 130 (or 150 or 180)) from the
definition of VOC.\1\ Based on the level of reactivity of these
chemical compounds, EPA concluded that these compounds make negligible
contributions to tropospheric ozone formation (78 FR 9823, February 12,
2013). Therefore on February 12, 2013, EPA amended 40 CFR 51.100(s)(1)
to exclude these compounds from the definition of VOC for purposes of
preparing SIPs to attain the national ambient air quality standard for
ozone under title I of the Clean Air Act (78 FR 9823). EPA's action
became effective March 14, 2013. Illinois EPA's SIP revision is
consistent with EPA's action amending the definition of VOC at 40 CFR
51.100(s).
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\1\ Note that EPA uses compound condensed structural formulas
that differ from those used by Illinois EPA. Through comparison of
HFE numbers and chemical formulas as used by the American Chemical
Society, we have determined that EPA and Illinois EPA are referring
to the same compounds for the purposes of this rule.
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In 2011, EPA received a petition asking EPA to exempt trans 1-
chloro-3,3,3-trifluoroprop-1-ene from the definition of VOC. Based on
the level of reactivity of this chemical compound, EPA concluded that
this compound makes a negligible contribution to tropospheric ozone
formation (78 FR 53029, August 28, 2013). Therefore on August 28, 2013,
EPA amended 40 CFR 51.100(s)(1) to exclude this compound from the
definition of VOC for purposes of preparing SIPs to attain the national
ambient air quality standard for ozone under title I of the Clean Air
Act (78 FR 53029). EPA's action became effective September 27, 2013.
Illinois EPA's SIP revision is consistent with EPA's action amending
the definition of VOC at 40 CFR 51.100(s).
IV. What action is EPA taking?
EPA is approving a revision to the Illinois SIP which is consistent
with EPA's 2013 actions revising the definition of VOC. The Illinois
SIP revision adds (difluoromethoxy) (difluoro)methane
(CHF2OCHF2 or HFE-134), bis(difluoromethoxy)
(difluoro)methane (CHF2OCF2OCHF2 or
HFE-236cal2), 1-(difluoromethoxy)-2-[(difluoromethoxy)
((difluoro)methoxy]-1,1,2,2-tetrafluoroethane
(CHF2OCF2OCF2CF2OCHF2
or HFE-43-10pccc), 1,2-bis(difluoromethoxy)-1,1,2,2-tetrafluoroethane
(CHF2OCF2CF2OCHF2 or HFE-
338pcc13), and trans 1-chloro-3,3,3-trifluoroprop-1-ene
(CF3CHCHCl) to the list of chemical compounds considered
exempt from the definition of VOM or VOC at 35 IAC 211.7150(a).
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 April 21, 2015
without further notice unless we receive relevant adverse written
comments by March 23, 2015. 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. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
If we do not receive any comments, this action will be effective April
21, 2015.
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 Clean Air 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).
This rule is not approved to apply on any Indian reservation land
or in any other area where EPA or an Indian tribe has demonstrated that
a tribe has jurisdiction. In those areas of Indian country, the rule
does not have tribal implications as specified by Executive Order
13175, nor will it 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
[[Page 9204]]
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 April 21, 2015. 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. 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: December 30, 2014.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 52.720 is amended by adding paragraph (c)(202) to read as
follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(202) On June 10, 2014, Illinois submitted revised regulations that
are consistent with 40 CFR 51.100(s)(1). The compounds
(difluoromethoxy) (difluoro)methane (CHF2OCHF2 or
HFE-134), bis(difluoromethoxy) (difluoro)methane
(CHF2OCF2OCHF2 or HFE-236cal2), 1-
(difluoromethoxy)-2-[(difluoromethoxy) ((difluoro)methoxy]-1,1,2,2-
tetrafluoroethane
(CHF2OCF2OCF2CF2OCHF2
or HFE-43-10pccc), 1,2-bis(difluoromethoxy)-1,1,2,2-tetrafluoroethane
(CHF2OCF2CF2OCHF2 or HFE-
338pcc13), and trans 1-chloro-3,3,3-trifluoroprop-1-ene
(CF3CHCHCl) were added to the list of negligibly reactive
compounds excluded from the definition of ``Volatile Organic Material
(VOM)'' or ``Volatile Organic Compound (VOC)'' at 35 IAC 211.7150(a).
(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 Compound (VOC), effective November 27, 2013.
[FR Doc. 2015-03450 Filed 2-19-15; 8:45 am]
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