80_FR_60235 80 FR 60043 - Air Plan Approval; Illinois; Volatile Organic Compounds Definition

80 FR 60043 - Air Plan Approval; Illinois; Volatile Organic Compounds Definition

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 192 (October 5, 2015)

Page Range60043-60045
FR Document2015-25158

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.

Federal Register, Volume 80 Issue 192 (Monday, October 5, 2015)
[Federal Register Volume 80, Number 192 (Monday, October 5, 2015)]
[Rules and Regulations]
[Pages 60043-60045]
From the Federal Register Online  [www.thefederalregister.org]
[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.

-----------------------------------------------------------------------

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



                                                                  Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Rules and Regulations                                         60043

                                                  Dated: September 1, 2015.                               (1) Rule 701, ‘‘Air Pollution                       accepted during the Regional Office
                                                Jared Blumenfeld,                                       Emergency Contingency Actions,’’                      normal hours of operation, and special
                                                Regional Administrator, Region IX.                      amended on April 15, 2014.                            arrangements should be made for
                                                  Part 52, chapter I, title 40 of the Code              *     *    *      *    *                              deliveries of boxed information. The
                                                of Federal Regulations is amended as                    [FR Doc. 2015–25161 Filed 10–2–15; 8:45 am]           Regional Office official hours of
                                                follows:                                                BILLING CODE 6560–50–P                                business are Monday through Friday,
                                                                                                                                                              8:30 a.m. to 4:30 p.m., excluding
                                                PART 52—APPROVAL AND                                                                                          Federal holidays.
                                                PROMULGATION OF                                         ENVIRONMENTAL PROTECTION                                 Instructions: Direct your comments to
                                                IMPLEMENTATION PLANS                                    AGENCY                                                Docket ID No. EPA–R05–OAR–2015–
                                                                                                                                                              0008. EPA’s policy is that all comments
                                                ■ 1. The authority citation for part 52                 40 CFR Part 52                                        received will be included in the public
                                                continues to read as follows:                           [EPA–R05–OAR–2015–0008; FRL–9934–11–                  docket without change and may be
                                                    Authority: 42 U.S.C. 7401 et seq.                   Region 5]                                             made available online at
                                                                                                                                                              www.regulations.gov, including any
                                                Subpart F—California                                    Air Plan Approval; Illinois; Volatile                 personal information provided, unless
                                                                                                        Organic Compounds Definition                          the comment includes information
                                                ■ 2. Section 52.220 is amended by:                                                                            claimed to be Confidential Business
                                                ■ a. Revising paragraph (c)(121)(i)(E);                 AGENCY: Environmental Protection                      Information (CBI) or other information
                                                and                                                     Agency (EPA).                                         whose disclosure is restricted by statute.
                                                ■ b. Adding paragraphs (c)(121)(i)(F),                  ACTION: Direct final rule.                            Do not submit information that you
                                                (c)(189)(i)(A)(9), (c)(441)(i)(E), and                                                                        consider to be CBI or otherwise
                                                (c)(457)(i)(F).                                         SUMMARY:   Under the Clean Air Act
                                                                                                                                                              protected through www.regulations.gov
                                                   The revision and additions read as                   (CAA), the Environmental Protection
                                                                                                                                                              or email. The www.regulations.gov Web
                                                follows:                                                Agency (EPA) is approving a state
                                                                                                                                                              site is an ‘‘anonymous access’’ system,
                                                                                                        submission as a revision to the Illinois
                                                § 52.220    Identification of plan.                                                                           which means EPA will not know your
                                                                                                        State Implementation Plan (SIP). The
                                                *     *     *    *     *                                                                                      identity or contact information unless
                                                                                                        revision amends the Illinois
                                                  (c) * * *                                                                                                   you provide it in the body of your
                                                                                                        Administrative Code (IAC) by updating
                                                  (121) * * *                                                                                                 comment. If you send an email
                                                                                                        the definition of volatile organic
                                                  (i) * * *                                                                                                   comment directly to EPA without going
                                                                                                        material (VOM), otherwise known as
                                                  (E) Previously approved on May 3,                                                                           through www.regulations.gov your email
                                                                                                        volatile organic compounds (VOC), to
                                                1984 in paragraph (c)(121)(i)(C) of this                                                                      address will be automatically captured
                                                                                                        exclude 2,3,3,3-tetrafluoropropene. This
                                                section and now deleted without                                                                               and included as part of the comment
                                                                                                        revision is in response to an EPA
                                                replacement for implementation in the                                                                         that is placed in the public docket and
                                                                                                        rulemaking in 2013 which exempted
                                                South Coast Air Quality Management                                                                            made available on the Internet. If you
                                                                                                        this compound from the Federal
                                                District, Rule 1110.                                                                                          submit an electronic comment, EPA
                                                                                                        definition of VOC on the basis that the
                                                  (F) Previously approved on May 3,                                                                           recommends that you include your
                                                                                                        compound makes a negligible
                                                1984 in paragraph (c)(121)(i)(C) of this                                                                      name and other contact information in
                                                                                                        contribution to tropospheric ozone
                                                section and now deleted without                                                                               the body of your comment and with any
                                                                                                        formation.
                                                replacement for implementation in the                                                                         disk or CD–ROM you submit. If EPA
                                                Antelope Valley Air Quality                             DATES:  This direct final rule will be                cannot read your comment due to
                                                Management District, Rule 1110.                         effective December 4, 2015, unless EPA                technical difficulties and cannot contact
                                                *     *     *    *     *                                receives adverse comments by                          you for clarification, EPA may not be
                                                  (189) * * *                                           November 4, 2015. If adverse comments                 able to consider your comment.
                                                  (i) * * *                                             are received, EPA will publish a timely               Electronic files should avoid the use of
                                                  (A) * * *                                             withdrawal of the direct final rule in the            special characters, any form of
                                                  (9) Previously approved on December                   Federal Register informing the public                 encryption, and be free of any defects or
                                                20, 1993 in paragraph (c)(189)(i)(A)(3) of              that the rule will not take effect.                   viruses.
                                                this section and now deleted without                    ADDRESSES: Submit your comments,                         Docket: All documents in the docket
                                                replacement for implementation in the                   identified by Docket ID No. EPA–R05–                  are listed in the www.regulations.gov
                                                Antelope Valley Air Quality                             OAR–2015–0008, by one of the                          index. Although listed in the index,
                                                Management District, Rule 1128.                         following methods:                                    some information is not publicly
                                                *     *     *    *     *                                   1. www.regulations.gov: Follow the                 available, e.g., CBI or other information
                                                  (441) * * *                                           on-line instructions for submitting                   whose disclosure is restricted by statute.
                                                  (i) * * *                                             comments.                                             Certain other material, such as
                                                  (E) Antelope Valley Air Quality                          2. Email: blakley.pamela@epa.gov.                  copyrighted material, will be publicly
                                                Management District.                                       3. Fax: (312) 692–2450.                            available only in hard copy. Publicly
                                                  (1) Rule 1124, ‘‘Aerospace Assembly                      4. Mail: Pamela Blakley, Chief,                    available docket materials are available
                                                and Component Manufacturing                             Control Strategies Section, Air Programs              either electronically in
                                                Operations,’’ amended on August 20,                     Branch (AR–18J), U.S. Environmental                   www.regulations.gov or in hard copy at
                                                2013.                                                   Protection Agency, 77 West Jackson                    the Environmental Protection Agency,
mstockstill on DSK4VPTVN1PROD with RULES




                                                  (2) Rule 1130, ‘‘Graphic Arts,’’                      Boulevard, Chicago, Illinois 60604.                   Region 5, Air and Radiation Division, 77
                                                amended on November 19, 2013.                              5. Hand Delivery: Pamela Blakley,                  West Jackson Boulevard, Chicago,
                                                *     *     *    *     *                                Chief, Control Strategies Section, Air                Illinois 60604. This facility is open from
                                                  (457) * * *                                           Programs Branch (AR–18J), U.S.                        8:30 a.m. to 4:30 p.m., Monday through
                                                  (i) * * *                                             Environmental Protection Agency, 77                   Friday, excluding Federal holidays. We
                                                  (F) Antelope Valley Air Quality                       West Jackson Boulevard, Chicago,                      recommend that you telephone Anthony
                                                Management District.                                    Illinois 60604. Such deliveries are only              Maietta, Environmental Protection


                                           VerDate Sep<11>2014   16:55 Oct 02, 2015   Jkt 238001   PO 00000   Frm 00017   Fmt 4700   Sfmt 4700   E:\FR\FM\05OCR1.SGM   05OCR1


                                                60044             Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Rules and Regulations

                                                Specialist, at (312) 353–8777 before                       Therefore on October 22, 2013 (78 FR               V. Statutory and Executive Order
                                                visiting the Region 5 office.                           62451), EPA amended 40 CFR                            Reviews
                                                FOR FURTHER INFORMATION CONTACT:                        51.100(s)(1) to exclude this chemical                    Under the CAA, the Administrator is
                                                Anthony Maietta, Environmental                          compound from the definition of VOC                   required to approve a SIP submission
                                                Protection Specialist, Control Strategies               for purposes of preparing SIPs to attain              that complies with the provisions of the
                                                Section, Air Programs Branch (AR–18J),                  the national ambient air quality                      CAA and applicable Federal regulations.
                                                Environmental Protection Agency,                        standard for ozone under title I of the               42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                Region 5, 77 West Jackson Boulevard,                    CAA (78 FR 9823). EPA’s action became                 Thus, in reviewing SIP submissions,
                                                Chicago, Illinois 60604, (312) 353–8777,                effective on November 1, 2013. IEPA’s                 EPA’s role is to approve state choices,
                                                maietta.anthony@epa.gov.                                SIP revision is consistent with EPA’s                 provided that they meet the criteria of
                                                SUPPLEMENTARY INFORMATION:                              action amending the definition of VOC                 the CAA. Accordingly, this action
                                                Throughout this document whenever                       at 40 CFR 51.100(s).                                  merely approves state law as meeting
                                                ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean             III. What action is EPA taking?                       Federal requirements and does not
                                                EPA. This supplementary information                                                                           impose additional requirements beyond
                                                section is arranged as follows:                            EPA is approving into the Illinois SIP             those imposed by state law. For that
                                                I. What is the background for this action?              revisions to 35 IAC 211 contained in the              reason, this action:
                                                   A. When did Illinois submit the SIP                  December 18, 2014, submittal. We are                     • Is not a significant regulatory action
                                                     revision to EPA?                                   publishing this action without prior                  subject to review by the Office of
                                                   B. Did Illinois hold public hearings on the          proposal because we view this as a                    Management and Budget under
                                                     SIP revision?                                      noncontroversial amendment and
                                                II. What is EPA’s analysis of the SIP revision?
                                                                                                                                                              Executive Orders 12866 (58 FR 51735,
                                                                                                        anticipate no adverse comments.                       October 4, 1993) and 13563 (76 FR 3821,
                                                III. What action is EPA taking?
                                                                                                        However, in the proposed rules section                January 21, 2011);
                                                IV. Incorporation by Reference
                                                V. Statutory and Executive Order Reviews                of this Federal Register publication, we                 • Does not impose an information
                                                                                                        are publishing a separate document that               collection burden under the provisions
                                                I. What is the background for this                      will serve as the proposal to approve the             of the Paperwork Reduction Act (44
                                                action?                                                 state plan if relevant adverse written                U.S.C. 3501 et seq.);
                                                A. When did Illinois submit the SIP                     comments are filed. This rule will be                    • Is certified as not having a
                                                revision to EPA?                                        effective December 4, 2015 without                    significant economic impact on a
                                                                                                        further notice unless we receive relevant             substantial number of small entities
                                                  The Illinois EPA (IEPA) submitted a                   adverse written comments by November
                                                revision to the Illinois SIP to EPA for                                                                       under the Regulatory Flexibility Act
                                                                                                        4, 2015. If we receive such comments,                 (5 U.S.C. 601 et seq.);
                                                approval on December 18, 2014. The SIP
                                                revision updates the definition of VOM
                                                                                                        we will withdraw this action before the                  • Does not contain any unfunded
                                                                                                        effective date by publishing a                        mandate or significantly or uniquely
                                                or VOC at 35 IAC Part 211, Subpart B,                   subsequent document that will
                                                Section 211.7150(a).                                                                                          affect small governments, as described
                                                                                                        withdraw the final action. All public                 in the Unfunded Mandates Reform Act
                                                B. Did Illinois hold public hearings on                 comments received will then be                        of 1995 (Pub. L. 104–4);
                                                the SIP revision?                                       addressed in a subsequent final rule                     • Does not have Federalism
                                                   The Illinois Pollution Control Board                 based on the proposed action. EPA will                implications as specified in Executive
                                                (IPCB) held a public hearing on the                     not institute a second comment period.                Order 13132 (64 FR 43255, August 10,
                                                proposed SIP revision on May 7, 2014.                   Any parties interested in commenting                  1999);
                                                IPCB did not receive any public                         on this action should do so at this time.                • Is not an economically significant
                                                comments. IPCB adopted the                              Please note that if EPA receives adverse              regulatory action based on health or
                                                amendment to 35 IAC 211.7150(a) on                      comment on an amendment, paragraph,                   safety risks subject to Executive Order
                                                June 5, 2014. IPCB also adopted minor                   or section of this rule and if that                   13045 (62 FR 19885, April 23, 1997);
                                                administrative changes such as                          provision may be severed from the                        • Is not a significant regulatory action
                                                alphabetization of compound names,                      remainder of the rule, EPA may adopt                  subject to Executive Order 13211 (66 FR
                                                addition of the refrigerant industry                    as final those provisions of the rule that            28355, May 22, 2001);
                                                designation ‘‘HFO–1234yf’’ in                           are not the subject of an adverse                        • Is not subject to requirements of
                                                parenthesis after the chemical name,                    comment. If we do not receive any                     Section 12(d) of the National
                                                and replacing the word ‘‘above’’ with                   comments, this action will be effective               Technology Transfer and Advancement
                                                ‘‘of this Section’’ in 35 IAC 211.7150(d)               December 4, 2015.                                     Act of 1995 (15 U.S.C. 272 note) because
                                                for ease of cross-referencing within a                  IV. Incorporation by Reference                        application of those requirements would
                                                section of the regulations.                                                                                   be inconsistent with the Clean Air Act;
                                                                                                          In this rule, the EPA is finalizing                 and
                                                II. What is EPA’s analysis of the SIP                   regulatory text that includes                            • Does not provide EPA with the
                                                revision?                                               incorporation by reference. In                        discretionary authority to address, as
                                                   In 2009, EPA received a petition                     accordance with requirements of 1 CFR                 appropriate, disproportionate human
                                                requesting that 2,3,3,3-                                51.5, the EPA is finalizing the                       health or environmental effects, using
                                                tetrafluoropropene be exempted from                     incorporation by reference of the Illinois            practicable and legally permissible
                                                VOC control based on its low reactivity                 Regulations described in the                          methods, under Executive Order 12898
                                                to ethane. Based on the mass maximum                    amendments to 40 CFR part 52 set forth                (59 FR 7629, February 16, 1994).
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                                                incremental reactivity value for the                    below. EPA has made, and will continue                   In addition, the SIP is not approved
                                                compound being equal to or less than                    to make, these documents generally                    to apply on any Indian reservation land
                                                that of ethane, EPA concluded that this                 available electronically through                      or in any other area where EPA or an
                                                compound makes negligible                               www.regulations.gov and/or in hard                    Indian tribe has demonstrated that a
                                                contributions to tropospheric ozone                     copy at the appropriate EPA office (see               tribe has jurisdiction. In those areas of
                                                formation (76 FR 64059, October 17,                     the ADDRESSES section of this preamble                Indian country, the rule does not have
                                                2011).                                                  for more information).                                tribal implications and will not impose


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                                                                  Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Rules and Regulations                                         60045

                                                substantial direct costs on tribal                      PART 52—APPROVAL AND                                  that each state adopt and submit a SIP
                                                governments or preempt tribal law as                    PROMULGATION OF                                       for the implementation, maintenance,
                                                specified by Executive Order 13175 (65                  IMPLEMENTATION PLANS                                  and enforcement of each NAAQS
                                                FR 67249, November 9, 2000).                                                                                  promulgated by EPA, which is
                                                                                                        ■ 1. The authority citation for part 52               commonly referred to as an
                                                   The Congressional Review Act, 5
                                                                                                        continues to read as follows:                         ‘‘infrastructure’’ SIP. EPD certified that
                                                U.S.C. 801 et seq., as added by the Small
                                                                                                            Authority: 42 U.S.C. 7401 et seq.                 the Georgia SIP contains provisions that
                                                Business Regulatory Enforcement                                                                               ensure the 2008 Lead NAAQS is
                                                Fairness Act of 1996, generally provides                ■ 2. Section 52.720 is amended by                     implemented, enforced, and maintained
                                                that before a rule may take effect, the                 adding paragraph (c)(206) to read as                  in Georgia. With the exception of
                                                agency promulgating the rule must                       follows:                                              provisions pertaining to prevention of
                                                submit a rule report, which includes a                                                                        significant deterioration (PSD)
                                                copy of the rule, to each House of the                  § 52.720    Identification of plan.
                                                                                                                                                              permitting which EPA has already
                                                Congress and to the Comptroller General                 *       *    *    *     *                             approved, EPA is taking final action to
                                                of the United States. EPA will submit a                    (c) * * *                                          approve Georgia’s infrastructure
                                                report containing this action and other                    (206) On December 18, 2014, the state              submission, provided to EPA on March
                                                required information to the U.S. Senate,                submitted a proposed revision to the                  6, 2012, as satisfying the required
                                                the U.S. House of Representatives, and                  Illinois SIP updating the definition of               infrastructure elements for the 2008
                                                the Comptroller General of the United                   Volatile Organic Material (VOM) or                    Lead NAAQS.
                                                States prior to publication of the rule in              Volatile Organic Compound (VOC) to                    DATES: This rule will be effective
                                                the Federal Register. A major rule                      exclude the chemical compound 2,3,3,3-                November 4, 2015.
                                                                                                        tetrafluoropropene (HFO–1234yf), along
                                                cannot take effect until 60 days after it                                                                     ADDRESSES: EPA has established a
                                                                                                        with minor administrative revisions.
                                                is published in the Federal Register.                                                                         docket for this action under Docket
                                                                                                           (i) Incorporation by reference. Illinois
                                                This action is not a ‘‘major rule’’ as                  Administrative Code, Title 35:                        Identification No. EPA–R04–OAR–
                                                defined by 5 U.S.C. 804(2).                             Environmental Protection, Subtitle B:                 2014–0442. All documents in the docket
                                                   Under section 307(b)(1) of the CAA,                  Air Pollution, Chapter I: Pollution                   are listed on the www.regulations.gov
                                                petitions for judicial review of this                   Control Board, Subchapter c: Emission                 Web site. Although listed in the index,
                                                action must be filed in the United States               Standards and Limitations for                         some information is not publicly
                                                                                                        Stationary Sources, Part 211: Definitions             available, i.e., Confidential Business
                                                Court of Appeals for the appropriate
                                                                                                        and General Provisions, Subpart B:                    Information or other information whose
                                                circuit by December 4, 2015. Filing a
                                                                                                        Definitions, Section 211.7150 Volatile                disclosure is restricted by statute.
                                                petition for reconsideration by the                                                                           Certain other material, such as
                                                Administrator of this final rule does not               Organic Material (VOM) or Volatile
                                                                                                        Organic Compounds (VOC), effective                    copyrighted material, is not placed on
                                                affect the finality of this action for the                                                                    the Internet and will be publicly
                                                purposes of judicial review nor does it                 June 9, 2014.
                                                                                                                                                              available only in hard copy form.
                                                extend the time within which a petition                 [FR Doc. 2015–25158 Filed 10–2–15; 8:45 am]
                                                                                                                                                              Publicly available docket materials are
                                                for judicial review may be filed, and                   BILLING CODE 6560–50–P                                available either electronically through
                                                shall not postpone the effectiveness of                                                                       www.regulations.gov or in hard copy at
                                                such rule or action. Parties with                                                                             the Air Regulatory Management Section,
                                                objections to this direct final rule are                ENVIRONMENTAL PROTECTION                              Air Planning and Implementation
                                                encouraged to file a comment in                         AGENCY                                                Branch, Air, Pesticides and Toxics
                                                response to the parallel notice of                      40 CFR Part 52                                        Management Division, U.S.
                                                proposed rulemaking for this action                                                                           Environmental Protection Agency,
                                                published in the proposed rules section                 [EPA–R04–OAR–2014–0442; FRL–9934–84–                  Region 4, 61 Forsyth Street SW.,
                                                of today’s Federal Register, rather than                Region 4]                                             Atlanta, Georgia 30303–8960. EPA
                                                file an immediate petition for judicial                                                                       requests that if at all possible, you
                                                                                                        Approval and Promulgation of
                                                review of this direct final rule, so that                                                                     contact the person listed in the FOR
                                                                                                        Implementation Plans; Georgia
                                                EPA can withdraw this direct final rule                                                                       FURTHER INFORMATION CONTACT section to
                                                                                                        Infrastructure Requirements for the
                                                and address the comment in the                                                                                schedule your inspection. The Regional
                                                                                                        2008 Lead NAAQS
                                                proposed rulemaking. This action may                                                                          Office’s official hours of business are
                                                not be challenged later in proceedings to               AGENCY:  Environmental Protection                     Monday through Friday, 8:30 a.m. to
                                                enforce its requirements. (See section                  Agency (EPA).                                         4:30 p.m., excluding Federal holidays.
                                                307(b)(2)).                                             ACTION: Final rule.                                   FOR FURTHER INFORMATION CONTACT: Zuri
                                                                                                                                                              Farngalo, Air Regulatory Management
                                                List of Subjects in 40 CFR Part 52                      SUMMARY:   The Environmental Protection               Section, Air Planning and
                                                                                                        Agency (EPA) is taking final action to                Implementation Branch, Air, Pesticides
                                                  Environmental protection, Air                         approve portions of the March 6, 2012,                and Toxics Management Division, U.S.
                                                pollution control, Incorporation by                     State Implementation Plan (SIP)                       Environmental Protection Agency,
                                                reference, Intergovernmental relations,                 submission, provided by the State of                  Region 4, 61 Forsyth Street SW.,
                                                Reporting and recordkeeping                             Georgia, through the Georgia                          Atlanta, Georgia 30303–8960. Mr.
                                                requirements, Volatile organic                          Department of Natural Resources’                      Farngalo can be reached by phone at
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                                                compounds.                                              Environmental Protection Division                     (404) 562–9152 or via electronic mail at
                                                  Dated: September 4, 2015.                             (EPD) for inclusion into the Georgia SIP.             farngalo.zuri@epa.gov.
                                                Susan Hedman,
                                                                                                        This final submission pertains to the                 SUPPLEMENTARY INFORMATION:
                                                                                                        Clean Air Act (CAA or the Act)
                                                Regional Administrator, Region 5.                       infrastructure requirements for the 2008              I. Background
                                                   40 CFR part 52 is amended as follows:                Lead national ambient air quality                        Upon promulgation of a new or
                                                                                                        standards (NAAQS). The CAA requires                   revised NAAQS, sections 110(a)(1) and


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Document Created: 2015-12-15 08:53:24
Document Modified: 2015-12-15 08:53:24
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis 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.
ContactAnthony 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]
FR Citation80 FR 60043 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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