[Federal Register Volume 86, Number 114 (Wednesday, June 16, 2021)]
[Rules and Regulations]
[Pages 31920-31922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12553]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2020-0542; FRL-10024-89-Region 5]


Air Plan Approval; Illinois; Volatile Organic Material Definition 
Update

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the Illinois State Implementation Plan (SIP). The revision 
is amending the Illinois Administrative Code (IAC) by updating the 
definition of volatile organic material (VOM) and volatile organic 
compounds (VOC) to exclude (Z) -1,1,1,4,4,4-hexafluorobut-2-ene. This 
revision is consistent with an EPA rulemaking in 2018, which exempted 
this compound from the Federal definition of VOC on the basis that the 
compound makes a negligible contribution to tropospheric ozone 
formation. EPA proposed to approve this action on February 11, 2021 and 
received no adverse comments.

DATES: This final rule is effective on July 16, 2021.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2020-0542. 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 and facility 
closures due to COVID-19. We recommend that you telephone Andrew Lee, 
Physical Scientist, at (312) 353-7645 before visiting the Region 5 
office.

FOR FURTHER INFORMATION CONTACT: Andrew Lee, Physical Scientist, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 353-7645, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. Background Information

    On February 11, 2021, EPA proposed to approve a revision to the 
Illinois SIP by updating the definition of volatile organic material or 
volatile organic compound at 35 IAC 211.7150 to exclude (Z)-
1,1,1,4,4,4-hexafluorobut-2-ene. See 86 FR 9307. This revision is 
consistent with an EPA rulemaking exempting this compound from the 
Federal definition of VOC at 40 CFR 51.100(s) due to its negligible 
contribution to tropospheric ozone formation. See 83 FR 61127 (Nov. 28, 
2018). An explanation of the Clean Air Act (CAA) requirements, a 
detailed

[[Page 31921]]

analysis of the revisions, and EPA's reasons for proposing approval 
were provided in the notice of proposed rulemaking (NPRM) and will not 
be restated here. The public comment period for this proposed rule 
ended on March 15, 2021. All the comments received are included in the 
docket for this action.
    During the comment period, EPA received one comment that requested 
EPA to consider the global warming potential of chemicals for future 
actions of this type. We do not consider the comment to be germane or 
relevant to this action and therefore not adverse to this action. The 
comment lacks the required specificity to the proposed SIP revision and 
the relevant requirements of CAA section 110. Moreover, the comment 
does not address a specific regulation or provision, nor does it 
suggest a change in, or recommend a different action on, the SIP 
submission from what EPA proposed. Therefore, the comment requires no 
further response, and we are finalizing our action as proposed.

II. Final Action

    EPA is approving the revision to the Illinois SIP at 35 IAC 
211.7150 by removing 1,1,1,4,4,4-hexafluorobut-2-ene from the 
definition of VOM and VOC in accordance with the Illinois submittal on 
October 20, 2020.

III. 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.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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IV. 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 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 August 16, 2021. 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) of the CAA.)

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: June 9, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.

    For the reasons stated in the preamble, EPA amends title 40 CFR 
part 52 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) * * *

[[Page 31922]]



                                 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         10/20/2020   6/16/2021, [INSERT      .....................
                              Material (VOM) or                     Federal Register
                              Volatile Organic                      CITATION].
                              Compound (VOC).
 
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[FR Doc. 2021-12553 Filed 6-15-21; 8:45 am]
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