[Federal Register Volume 83, Number 101 (Thursday, May 24, 2018)]
[Rules and Regulations]
[Pages 24030-24033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11068]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2017-0323; FRL-9978-45--Region 5]


Air Plan Approval; Illinois; Volatile Organic Compounds 
Definition

AGENCY: Environmental Protection Agency (EPA).

ACTION: 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). The revision, submitted on May 30, 2017, incorporates changes to 
the Illinois Administrative Code (IAC) definition of ``volatile organic 
material'' or ``volatile organic compounds'' (VOC). The revision 
removes recordkeeping and emission reporting requirements related to 
the use of tertiary butyl acetate (also known as t-butyl acetate) as a 
VOC. The revision is consistent with an EPA 2016 rulemaking related to 
tertiary butyl acetate. In addition, Illinois' submission includes the 
addition of chemical identification information to the list of 
compounds excluded from the definition of VOC and the deletion of an 
unnecessary phrase in the definition of VOC. EPA proposed this action 
on November 2, 2017, and received one public comment in response.

DATES: This final rule is effective on June 25, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2017-0323. All documents in the docket are listed on 
the www.regulations.gov website. 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 
through www.regulations.gov or 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 Charles Hatten, Environmental Engineer, (312) 886-
6031 before visiting the Region 5 office.

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. Public Comment Received and EPA's Response
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

[[Page 24031]]

I. What is the background for this action?

    On May 30, 2017, Illinois submitted, as a SIP revision, a request 
to revise and update the definition of VOC at Part 211, Subpart B, 
Section 7150 (35 IAC 211.7150). Illinois also submitted corrections to 
chemical names and revisions to chemical identifiers included in the 
list of compounds excluded from the definition of VOC at 35 IAC 
211.7150(a) and a minor deletion of an unnecessary phrase in 35 IAC 
211.7150(d).
    The revision addresses an existing exemption related to defining 
tertiary butyl acetate as a VOC. Before this action, the Illinois SIP 
excluded this compound from the definition of VOC for purposes of VOC 
emission limitations and VOC content requirements, but defined the 
compound as a VOC for all recordkeeping, emissions reporting, 
photochemical dispersion modeling and inventory requirements that apply 
to VOC. (69 FR 69298, November 29, 2004). This approach was consistent 
with EPA's regulation of tertiary butyl acetate at the time this 
portion of the SIP was originally approved. (64 FR 52731, September 30, 
1999).
    On February 25, 2016, EPA promulgated a final rule amending the 
definition of VOC to remove the recordkeeping, emissions reporting, 
photochemical dispersion modeling and inventory requirements related to 
the use of tertiary butyl acetate as a VOC. (81 FR 9339, codified at 40 
CFR 51.100(s)). See 82 FR 50812 for a more detailed summary of the 
basis for EPA's 2016 rulemaking. In order to conform to EPA's current 
definition, Illinois revised its definition of VOC to remove the 
recordkeeping, emissions reporting, photochemical dispersion modeling 
and inventory requirements for tertiary butyl acetate within the 
definition of VOC (35 IAC 211.7150).
    Additionally, Illinois amended the list of excluded compounds in 35 
IAC 211.7150 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). These changes did not alter the list 
of excluded compounds and are consistent with the Federal list of 
excluded compounds in 40 CFR 51.100(s). Finally, Illinois made a minor 
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.
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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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    On November 2, 2017, EPA published a proposed rule approving 
Illinois' requested revision to the SIP at 35 IAC 211.7150 and 
providing a 30-day public comment period. (82 FR 50853, published in 
parallel with a Direct Final Rule that was subsequently withdrawn, see 
82 FR 50811, 60545).

II. Public Comment Received and EPA's Response

    EPA received one adverse comment on the proposed approval of the 
Illinois definition of VOC.
    Comment: The commenter stated that EPA should not approve this SIP 
submission because EPA should not have added tertiary butyl acetate to 
the list of exempted compounds, given that it is a highly reactive and 
volatile compound. The commenter also asserted that EPA should not have 
removed the reporting requirement because EPA had previously required 
recordkeeping and reporting so that it could determine further 
restrictions. The commenter further stated that ``EPA should have 
enforced the reporting requirement, analyised [sic] the data and 
determined whether or not tertiary butyl acetate should be further 
regulated.''
    EPA's Response: This comment is not applicable to this action, 
which merely relies on EPA's previous actions and did not require a 
technical record supporting exclusion of tertiary butyl acetate from 
the definition of VOC.
    The comment primarily concerns two separate EPA actions related to 
tertiary butyl acetate, the exclusion of the compound from the 
definition of VOC and the removal of related recordkeeping and 
reporting requirements, which were taken in 2004 and 2016, 
respectively. See 69 FR 69298 and 81 FR 9339. EPA provided public 
comment periods for these actions and responded to any adverse comments 
received as required by Federal law. In addition, the comment relates 
to EPA's approval in July 16, 2008, of Illinois' rule excluding 
tertiary butyl acetate as a VOC (73 FR 40748). These are issues on 
which the commenter would be precluded from obtaining judicial review, 
as the time period to challenge these EPA actions has passed. See 
Section 307(b) of the Clean Air Act (CAA).
    Nevertheless, EPA notes that it has previously addressed the 
commenter's concerns in the preambles to the final rules referenced 
above. Those documents discuss in great detail the nature of VOCs, 
EPA's approach to organic compounds with a negligible level of 
reactivity, the chemical characteristics of tertiary butyl acetate, and 
the bases for EPA's 2004 and 2016 decisions to exclude tertiary butyl 
acetate from the definition of VOC and remove the recordkeeping and 
emission reporting requirements related to tertiary butyl acetate as a 
VOC.

III. What action is EPA taking?

    EPA is approving, as a SIP revision, the removal of the 
recordkeeping and emission reporting requirements applicable to 
tertiary butyl acetate as a VOC at 35 IAC 211.7150(e), the addition of 
chemical identification information for excluded compounds in 35 IAC 
211.7150(a), and the removal of the phrase ``of this Section'' in 35 
IAC 211.7150(d) contained in the May 30, 2017, submittal.

IV. 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 in the next 
update to the SIP compilation.\4\
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    \4\ 62 FR 27968 (May 22, 1997).
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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.

[[Page 24032]]

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 July 23, 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. 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 10, 2018.
Cathy Stepp,
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 by revising 
the entry ``211.7150'' to read as follows:


Sec.  52.720  Identification of plan.

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    (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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                                                  * * * * * * *
211.7150.....................  Volatile Organic      1/23/2017  5/24/2018, [insert  ............................
                                Material (VOM) Or                Federal Register
                                Volatile Organic                 citation].
                                Compound (VOC).
 
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[[Page 24033]]

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[FR Doc. 2018-11068 Filed 5-23-18; 8:45 am]
BILLING CODE 6560-50-P