[Federal Register Volume 80, Number 192 (Monday, October 5, 2015)]
[Rules and Regulations]
[Pages 60043-60045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25158]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2015-0008; FRL-9934-11-Region 5]


Air Plan Approval; Illinois; Volatile Organic Compounds 
Definition

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: Under the Clean Air Act (CAA), the Environmental Protection 
Agency (EPA) is approving a state submission as a revision to the 
Illinois State Implementation Plan (SIP). The revision amends the 
Illinois Administrative Code (IAC) by updating the definition of 
volatile organic material (VOM), otherwise known as volatile organic 
compounds (VOC), to exclude 2,3,3,3-tetrafluoropropene. This revision 
is in response to an EPA rulemaking in 2013 which exempted this 
compound from the Federal definition of VOC on the basis that the 
compound makes a negligible contribution to tropospheric ozone 
formation.

DATES: This direct final rule will be effective December 4, 2015, 
unless EPA receives adverse comments by November 4, 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-2015-0008, 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) 692-2450.
    4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air 
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Pamela Blakley, Chief, Control Strategies 
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-
2015-0008. 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 Anthony Maietta, Environmental 
Protection

[[Page 60044]]

Specialist, at (312) 353-8777 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental 
Protection Specialist, Control Strategies Section, Air Programs Branch 
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 353-8777, 
[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 Illinois submit the SIP revision to EPA?
    B. Did Illinois hold public hearings on the SIP revision?
II. What is EPA's analysis of the SIP revision?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. What is the background for this action?

A. When did Illinois submit the SIP revision to EPA?

    The Illinois EPA (IEPA) submitted a revision to the Illinois SIP to 
EPA for approval on December 18, 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 the SIP revision?

    The Illinois Pollution Control Board (IPCB) held a public hearing 
on the proposed SIP revision on May 7, 2014. IPCB did not receive any 
public comments. IPCB adopted the amendment to 35 IAC 211.7150(a) on 
June 5, 2014. IPCB also adopted minor administrative changes such as 
alphabetization of compound names, addition of the refrigerant industry 
designation ``HFO-1234yf'' in parenthesis after the chemical name, and 
replacing the word ``above'' with ``of this Section'' in 35 IAC 
211.7150(d) for ease of cross-referencing within a section of the 
regulations.

II. What is EPA's analysis of the SIP revision?

    In 2009, EPA received a petition requesting that 2,3,3,3-
tetrafluoropropene be exempted from VOC control based on its low 
reactivity to ethane. Based on the mass maximum incremental reactivity 
value for the compound being equal to or less than that of ethane, EPA 
concluded that this compound makes negligible contributions to 
tropospheric ozone formation (76 FR 64059, October 17, 2011).
    Therefore on October 22, 2013 (78 FR 62451), EPA amended 40 CFR 
51.100(s)(1) to exclude this chemical 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 CAA (78 FR 9823). EPA's 
action became effective on November 1, 2013. IEPA's SIP revision is 
consistent with EPA's action amending the definition of VOC at 40 CFR 
51.100(s).

III. What action is EPA taking?

    EPA is approving into the Illinois SIP revisions to 35 IAC 211 
contained in the December 18, 2014, submittal. 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 December 4, 2015 without further notice 
unless we receive relevant adverse written comments by November 4, 
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 December 4, 2015.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
Illinois Regulations described in the amendments to 40 CFR part 52 set 
forth below. EPA has made, and will continue to make, these documents 
generally available electronically through www.regulations.gov and/or 
in hard copy at the appropriate EPA office (see the ADDRESSES section 
of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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 CAA. 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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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, the SIP 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 and will not impose

[[Page 60045]]

substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 4, 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, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: September 4, 2015.
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)(206) to read as 
follows:


Sec.  52.720  Identification of plan.

* * * * *
    (c) * * *
    (206) On December 18, 2014, the state submitted a proposed revision 
to the Illinois SIP updating the definition of Volatile Organic 
Material (VOM) or Volatile Organic Compound (VOC) to exclude the 
chemical compound 2,3,3,3-tetrafluoropropene (HFO-1234yf), along with 
minor administrative revisions.
    (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), effective June 9, 
2014.

[FR Doc. 2015-25158 Filed 10-2-15; 8:45 am]
 BILLING CODE 6560-50-P