[Federal Register Volume 82, Number 211 (Thursday, November 2, 2017)]
[Rules and Regulations]
[Pages 50811-50814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23468]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2017-0323; FRL-9970-17-Region 5]


Air Plan Approval; Illinois; Volatile Organic Compounds 
Definition

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a state 
submission as a revision to the Illinois state implementation plan 
(SIP) for ozone. The revision, submitted on May 30, 2017, incorporates 
changes to the Illinois Administrative Code (IAC) definition of 
volatile organic material, otherwise known as volatile organic compound 
(VOC). The revision removes recordkeeping and reporting requirements 
related to the use of t-butyl acetate (also known as tertiary butyl 
acetate) as a VOC, and is in response to an EPA rulemaking that 
occurred in 2016. Illinois also added information to provide clarity to 
the list of compounds excluded from the definition of VOC.

DATES: This direct final rule will be effective January 2, 2018, unless 
EPA receives adverse comments by December 4, 2017. 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-2017-0323 at http://www.regulations.gov or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the ``For Further Information Contact'' section. For the 
full EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-3031, [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?
II. What did Illinois submit?
III. What is EPA's analysis of the SIP revision?
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. What is the background for this action?

    The Clean Air Act (CAA) requires the regulation of VOC for various 
purposes. Section 302(s) of the CAA specifies that EPA has the 
authority to define the meaning of ``VOC,'' and what compounds shall be 
treated as VOC for regulatory purposes.
    Tropospheric ozone, commonly known as smog, is formed when VOC

[[Page 50812]]

and nitrogen oxides react in the atmosphere in the presence of 
sunlight. Because of the harmful effects of ozone, EPA and state 
governments limit the amount of VOC that can be released into the 
atmosphere.
    EPA uses the reactivity of ethane as the threshold for determining 
whether a compound makes a negligible contribution to tropospheric 
ozone formation. Compounds that are less reactive than, or equally 
reactive to, ethane under certain assumed conditions may be deemed 
negligibly reactive and, therefore, suitable for exemption by EPA from 
the regulatory definition of VOC. EPA lists compounds it has determined 
to be negligibly reactive in its regulations as being excluded from the 
regulatory definition of VOC in 40 CFR 51.100(s). See 81 FR 9339 
(February 25, 2016).
    Illinois' SIP includes a definition of VOC at 35 IAC Part 211, 
Subpart B, Section 7150 (35 IAC 211.7150), which conforms to EPA's 
regulatory definition of VOC. Subsection (a) of 35 IAC 211.7150 
includes a list of compounds excluded from the regulatory definition of 
VOC, which reflect the compounds EPA has excluded in 40 CFR 51.100(s) 
on the basis that they make a negligible contribution to tropospheric 
ozone formation.

II. What did Illinois submit?

    On May 30, 2017, Illinois submitted, as a SIP revision, a change to 
the definition of VOC at 35 IAC 211.7150 in response to an EPA 
rulemaking in 2016 that updated an existing exemption for the compound 
tertiary butyl acetate. Illinois also submitted corrections to chemical 
names and revisions to chemical identifiers included in the list of 
excluded compounds at 35 IAC 211.7150(a).
    The Illinois SIP currently excludes tertiary butyl acetate for 
purposes of VOC emissions limitations or VOC content requirements. 
However, the Illinois SIP includes the compound as a VOC for purposes 
of all recordkeeping, emissions reporting, photochemical dispersion 
modeling and inventory requirements which apply to VOC. See 35 IAC 
211.7150(e); 69 FR 69298 (November 29, 2004).
    In response to an EPA rulemaking in 2016 (discussed further below), 
Illinois is revising its SIP to remove the recordkeeping, emissions 
reporting, photochemical dispersion modeling and inventory requirements 
related to the use of t-butyl acetate as a VOC by deleting subsection 
(e) of 35 IAC 211.7150.
    Additionally, Illinois amended the list of excluded compounds by 
adding the International Union of Pure and Applied Chemistry (IUPAC) 
names \1\ and CAS registry numbers, \2\ and presenting common names 
parenthetically.\3\ Illinois made these changes to eliminate confusion 
and make it easier to identify specific excluded compounds in 35 IAC 
211.7150(a).
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    \1\ IUPAC has developed a recognized system of nomenclature for 
chemical compounds.
    \2\ Chemical Abstract Service (CAS) numbers are developed by the 
American Chemical Society. CAS numbers are in widespread use, and 
provide clarity because a single CAS number identifies only one 
chemical isomer.
    \3\ In Table 6 of Attachment 7 to Illinois' submittal, Illinois 
lists the chemical compounds excluded from the definition of VOC, 
using the designations by EPA, IUPAC names, CAS numbers, and 
commonly used alternative names for each.
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    For example, tertiary butyl acetate bears the IUPAC name ``1,1-
dimethyl ethyl acetic acid ester'' and CAS number 540-88-5. EPA lists 
this compound as ``t-butyl acetate'' in 40 CFR 51.100(s)(1). Illinois 
continues to identify the compound as tertiary butyl acetate, and 
parenthetically added the IUPAC name and CAS number in 35 IAC 
211.7150(a).\4\
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    \4\ EPA continues to include the CAS number to further identify 
compounds when adopting an exclusion from the definition of VOC. See 
81 FR 9339 (February 25, 2016).
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    Finally, Illinois made an administrative change by deleting the 
words ``of this Section'' in 35 IAC 211.7150(d), which discusses 
appropriate testing methods and includes a reference to subsection (b) 
of 35 IAC 211.7150.

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

    Effective April 25, 2016, EPA amended the regulatory definition of 
VOC to remove applicable recordkeeping, emissions reporting, 
photochemical dispersion modeling and inventory requirements for the 
compound tertiary butyl acetate. (81 FR 9339).
    EPA had previously excluded tertiary butyl acetate from the 
definition of VOC for purposes of VOC emissions limitations and VOC 
content requirements on the basis that it makes a negligible 
contribution to tropospheric ozone formation. However, EPA continued to 
define tertiary butyl acetate as a VOC for purposes of all 
recordkeeping, emissions reporting, photochemical dispersion modeling 
and inventory requirements that apply to VOC. See 69 FR 69298 (November 
29, 2004). Tertiary butyl acetate was the only compound that was 
excluded from the VOC definition for purposes of emission controls but 
still considered a VOC for purposes of recordkeeping and reporting 
requirements.
    In 2016, EPA removed the recordkeeping and reporting requirements 
related to tertiary butyl acetate as a VOC in response to a petition. 
In removing these requirements, EPA stated that the primary objective 
of the recordkeeping and reporting requirements for tertiary butyl 
acetate was to address the cumulative impacts of ``negligibly 
reactive'' compounds, and had suggested that future exempt compounds 
may also be subject to such requirements. However, these requirements 
had not been included in any other proposed or final VOC exemptions 
since the tertiary butyl acetate rule in 2004. EPA found that having 
high quality data on tertiary butyl acetate emissions alone is unlikely 
to be very useful in assessing the cumulative impacts of negligibly 
reactive compounds on ozone formation, and therefore the requirements 
were not achieving their primary objective to inform more accurate 
photochemical modeling in support of SIP submissions.
    EPA concluded that there was no evidence that tertiary butyl 
acetate was being used at levels that would cause concern for ozone 
formation. Additionally, the recordkeeping and reporting requirements, 
which were unique among all VOC-exempt compounds, were of limited 
utility because they did not provide sufficient information to judge 
the cumulative impacts of exempted compounds, and because the data had 
not been consistently collected and reported by states. As a result, 
EPA amended 40 CFR 51.100(s)(5) by removing the recordkeeping, 
emissions reporting, photochemical dispersion modeling and inventory 
requirements for tertiary butyl acetate as a VOC. This action did not 
affect the existing exclusion of tertiary butyl acetate from the 
regulatory definition of VOC for purposes of emission limits and 
control requirements found in 40 CFR 51.100(s)(1). 81 FR 9339 (February 
25, 2016).
    Illinois' SIP revision is consistent with EPA's action amending the 
definition of VOC at 40 CFR 51.100(s)(5) to exclude recordkeeping and 
reporting requirements for tertiary butyl acetate. Additionally, this 
revision did not affect the existing exclusion of this compound from 
the regulatory definition of VOC for purposes of emission limits and 
control requirements in 35 IAC 211.7150(a).
    Furthermore, Illinois' addition of IUPAC names and CAS registry

[[Page 50813]]

numbers to the list of excluded compounds in 35 IAC 211.7150(a) is 
consistent with the Illinois SIP. Illinois has kept the EPA designated 
names of the compounds in the list, and added information that may make 
it easier to identify compounds that are excluded from regulation as 
VOCs. These changes do not interfere with the Federal listing of 
excluded compounds, and provide more specific chemical composition, 
structural, and isomeric identification information.

IV. What action is EPA taking?

    EPA is approving revisions to 35 IAC 211.7150 contained in the May 
30, 2017, submittal into the Illinois SIP. 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 January 2, 2018 without further notice 
unless we receive relevant adverse written comments by December 4, 
2017. 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 January 2, 2018.

V. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, 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 through www.regulations.gov and at the EPA Region 5 
Office (please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this preamble for more information). 
Therefore, these materials have been approved by EPA for inclusion in 
the State implementation plan, have been incorporated by reference by 
EPA into that plan, are fully federally enforceable under sections 110 
and 113 of the CAA as of the effective date of the final rulemaking of 
EPA's approval, and will be incorporated by reference by the Director 
of the Federal Register in the next update to the SIP compilation.\5\
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    \5\ 62 FR 27968 (May 22, 1997).
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VI. 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     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 CAA; 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 
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 January 2, 2018. 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).)

[[Page 50814]]

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: October 17, 2017.
Robert A. Kaplan,
Acting 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. In Sec.  52.720, the table in paragraph (c) is amended under ``Part 
211: Definitions and General Provisions'', ``Subpart B: Definitions'' 
by revising the entry for 211.7150 ``Volatile Organic Material (VOM) or 
Volatile Organic Compound (VOC)'' to read as follows:


Sec.  52.720  Identification of plan.

* * * * *
    (c) * * *

                                 EPA-Approved Illinois Regulations and Statutes
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                                                       State
       Illinois citation           Title/subject     effective   EPA approval date            Comments
                                                        date
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                                  Part 211: Definitions and General Provisions
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                                             Subpart B: Definitions
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                                                  * * * * * * *
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211.7150.......................  Volatile Organic     1/23/2017  11/2/2017,         ............................
                                  Material (VOM)                  [insert Federal
                                  Or Volatile                     Register
                                  Organic Compound                citation].
                                  (VOC).
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[FR Doc. 2017-23468 Filed 11-1-17; 8:45 am]
 BILLING CODE 6560-50-P