80 FR 9202 - Approval and Promulgation of Air Quality Implementation Plans; Illinois; VOM Definition
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 34 (February 20, 2015)
Federal Register Volume 80, Issue 34 (February 20, 2015)
| Page Range | 9202-9204 | |
| FR Document | 2015-03450 |
[Federal Register Volume 80, Number 34 (Friday, February 20, 2015)] [Rules and Regulations] [Pages 9202-9204] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-03450] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2014-0504; FRL-9921-44-Region 5] Approval and Promulgation of Air Quality Implementation Plans; Illinois; VOM Definition AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a request submitted by the Illinois Environmental Protection Agency (Illinois EPA) on June 10, 2014, to revise the Illinois State Implementation Plan (SIP). The submission amends the Illinois Administrative Code (IAC) by updating the definition of ``volatile organic material (VOM) or volatile organic compound (VOC)'' to add five compounds to the list of exempted compounds. These revisions are based on EPA rulemakings in 2013 which added these compounds to the list of chemical compounds that are excluded from the Federal definition of VOC because, in their intended uses, they make negligible contributions to tropospheric ozone formation. DATES: This direct final rule will be effective April 21, 2015, unless EPA receives adverse comments by March 23, 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-2014-0504, 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)408-2279 4. Mail: Douglas Aburano, Chief, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 5. Hand Delivery: Douglas Aburano, Chief, Attainment Planning and Maintenance 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- 2014-0504. 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 Douglas Aburano, Section Chief at (312) 353-6960 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Douglas Aburano, Section Chief, Attainment Planning and Maintenance Section, Air Programs Branch (AR- 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-6960, [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 the State submit the SIP revision to EPA? B. Did Illinois hold public hearings on this SIP revision? II. What is EPA approving? III. What is EPA's analysis of the SIP revision? IV. What action is the EPA taking? V. Statutory and Executive Order Reviews I. What is the background for this action? A. When did the State submit the SIP revision to EPA? The Illinois EPA submitted a revision to the Illinois SIP to EPA for approval on June 10, 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 this SIP revision? The Illinois Pollution Control Board held a public hearing on the proposed SIP revision on October 31, 2013. The Board received no comments. II. What is EPA approving? EPA is approving an Illinois SIP revision that updates the definition of VOM or VOC at 35 IAC Part 211, Subpart B, Section 211.7150(a) to add (difluoromethoxy) (difluoro)methane (CHF2 OCHF2 or HFE-134), bis(difluoromethoxy) (difluoro)methane (CHF2 OCF2 OCHF2 or HFE-236cal2), 1-(difluoromethoxy)-2-[(difluoromethoxy) ((difluoro)methoxy]-1,1,2,2-tetrafluoroethane (CHF2 OCF2 OCF2 CF2 OCHF2 or HFE-43-10pccc), 1,2-bis(difluoromethoxy)-1,1,2,2-tetrafluoroethane (CHF2 OCF2 CF2 OCHF2 or HFE- 338pcc13), and trans 1-chloro-3,3,3-trifluoroprop-1-ene (CF3 CHCHCl) to the list of excluded compounds at 35 IAC 211.7150(a). Illinois took this action based on EPA's 2013 rulemakings in which EPA determined these compounds have a negligible contribution to tropospheric ozone formation and thus should be excluded from the definition of VOC codified at 40 CFR 51.100(s). (See 78 FR 9823 [[Page 9203]] (February 12, 2013) and 78 FR 53029 (August 28, 2013)). This action also approves minor administrative changes in alphabetization of compound names and correction of compound condensed structural formulas to 35 IAC 211.7150(a) that refer to compounds previously approved as excluded from the definition of VOM in the Illinois SIP. III. What is EPA's analysis of the SIP revision? In 2005, EPA received a petition asking EPA to exempt HCF2 OCF2 H (HFE-134), HCF2 OCF2 OCF2 H (HFE-236cal2), HCF2 OCF2 CF2 OCF2 H (HFE- 338pcc13), HCF2 OCF2 OCF2 CF2 OCF2 H (H-Galden 1040x or H-Galden ZT 130 (or 150 or 180)) from the definition of VOC.\1\ Based on the level of reactivity of these chemical compounds, EPA concluded that these compounds make negligible contributions to tropospheric ozone formation (78 FR 9823, February 12, 2013). Therefore on February 12, 2013, EPA amended 40 CFR 51.100(s)(1) to exclude these compounds 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 Clean Air Act (78 FR 9823). EPA's action became effective March 14, 2013. Illinois EPA's SIP revision is consistent with EPA's action amending the definition of VOC at 40 CFR 51.100(s). --------------------------------------------------------------------------- \1\ Note that EPA uses compound condensed structural formulas that differ from those used by Illinois EPA. Through comparison of HFE numbers and chemical formulas as used by the American Chemical Society, we have determined that EPA and Illinois EPA are referring to the same compounds for the purposes of this rule. --------------------------------------------------------------------------- In 2011, EPA received a petition asking EPA to exempt trans 1- chloro-3,3,3-trifluoroprop-1-ene from the definition of VOC. Based on the level of reactivity of this chemical compound, EPA concluded that this compound makes a negligible contribution to tropospheric ozone formation (78 FR 53029, August 28, 2013). Therefore on August 28, 2013, EPA amended 40 CFR 51.100(s)(1) to exclude this 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 Clean Air Act (78 FR 53029). EPA's action became effective September 27, 2013. Illinois EPA's SIP revision is consistent with EPA's action amending the definition of VOC at 40 CFR 51.100(s). IV. What action is EPA taking? EPA is approving a revision to the Illinois SIP which is consistent with EPA's 2013 actions revising the definition of VOC. The Illinois SIP revision adds (difluoromethoxy) (difluoro)methane (CHF2 OCHF2 or HFE-134), bis(difluoromethoxy) (difluoro)methane (CHF2 OCF2 OCHF2 or HFE-236cal2), 1-(difluoromethoxy)-2-[(difluoromethoxy) ((difluoro)methoxy]-1,1,2,2-tetrafluoroethane (CHF2 OCF2 OCF2 CF2 OCHF2 or HFE-43-10pccc), 1,2-bis(difluoromethoxy)-1,1,2,2-tetrafluoroethane (CHF2 OCF2 CF2 OCHF2 or HFE- 338pcc13), and trans 1-chloro-3,3,3-trifluoroprop-1-ene (CF3 CHCHCl) to the list of chemical compounds considered exempt from the definition of VOM or VOC at 35 IAC 211.7150(a). 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 April 21, 2015 without further notice unless we receive relevant adverse written comments by March 23, 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 April 21, 2015. V. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Clean Air Act 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 Clean Air Act. 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 Order 12866 (58 FR 51735, October 4, 1993); 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). This rule 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 as specified by Executive Order 13175, nor will it impose substantial direct costs on tribal governments or preempt tribal law. 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 [[Page 9204]] 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 Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by April 21, 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, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: December 30, 2014. 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)(202) to read as follows: Sec. 52.720 Identification of plan. * * * * * (c) * * * (202) On June 10, 2014, Illinois submitted revised regulations that are consistent with 40 CFR 51.100(s)(1). The compounds (difluoromethoxy) (difluoro)methane (CHF 2 OCHF2 or HFE-134), bis(difluoromethoxy) (difluoro)methane (CHF2 OCF2 OCHF2 or HFE-236cal2), 1- (difluoromethoxy)-2-[(difluoromethoxy) ((difluoro)methoxy]-1,1,2,2- tetrafluoroethane (CHF2 OCF2 OCF2 CF2 OCHF2 or HFE-43-10pccc), 1,2-bis(difluoromethoxy)-1,1,2,2-tetrafluoroethane (CHF2 OCF2 CF2 OCHF2 or HFE- 338pcc13), and trans 1-chloro-3,3,3-trifluoroprop-1-ene (CF3 CHCHCl) were added to the list of negligibly reactive compounds excluded from the definition of ``Volatile Organic Material (VOM)'' or ``Volatile Organic Compound (VOC)'' at 35 IAC 211.7150(a). (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 Compound (VOC), effective November 27, 2013. [FR Doc. 2015-03450 Filed 2-19-15; 8:45 am] BILLING CODE 6560-50-P
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* * * * * Such deliveries are only accepted FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2015–03180 Filed 2–19–15; 8:45 am] during the Regional Office normal hours Douglas Aburano, Section Chief,
BILLING CODE 6560–50–P of operation, and special arrangements Attainment Planning and Maintenance
should be made for deliveries of boxed Section, Air Programs Branch (AR–18J),
information. The Regional Office official Environmental Protection Agency,
ENVIRONMENTAL PROTECTION hours of business are Monday through Region 5, 77 West Jackson Boulevard,
AGENCY Friday, 8:30 a.m. to 4:30 p.m., excluding Chicago, Illinois 60604, (312) 353–6960,
Federal holidays. Aburano.Douglas@epa.gov.
40 CFR Part 52 Instructions: Direct your comments to SUPPLEMENTARY INFORMATION:
[EPA–R05–OAR–2014–0504; FRL–9921–44– Docket ID No. EPA–R05–OAR–2014– Throughout this document whenever
Region 5] 0504. EPA’s policy is that all comments ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
received will be included in the public EPA. This supplementary information
Approval and Promulgation of Air docket without change and may be section is arranged as follows:
Quality Implementation Plans; Illinois; made available online at
VOM Definition www.regulations.gov, including any I. What is the background for this action?
A. When did the State submit the SIP
personal information provided, unless revision to EPA?
AGENCY: Environmental Protection
the comment includes information B. Did Illinois hold public hearings on this
Agency (EPA). claimed to be Confidential Business SIP revision?
ACTION: Direct final rule. Information (CBI) or other information II. What is EPA approving?
SUMMARY: The Environmental Protection whose disclosure is restricted by statute. III. What is EPA’s analysis of the SIP
Do not submit information that you revision?
Agency (EPA) is approving a request IV. What action is the EPA taking?
submitted by the Illinois Environmental consider to be CBI or otherwise
protected through www.regulations.gov V. Statutory and Executive Order Reviews
Protection Agency (Illinois EPA) on
June 10, 2014, to revise the Illinois State or email. The www.regulations.gov Web I. What is the background for this
site is an ‘‘anonymous access’’ system, action?
Implementation Plan (SIP). The
which means EPA will not know your
submission amends the Illinois A. When did the State submit the SIP
identity or contact information unless
Administrative Code (IAC) by updating revision to EPA?
you provide it in the body of your
the definition of ‘‘volatile organic
comment. If you send an email The Illinois EPA submitted a revision
material (VOM) or volatile organic
comment directly to EPA without going to the Illinois SIP to EPA for approval
compound (VOC)’’ to add five
through www.regulations.gov your email on June 10, 2014. The SIP revision
compounds to the list of exempted
address will be automatically captured updates the definition of VOM or VOC
compounds. These revisions are based
and included as part of the comment at 35 IAC Part 211, Subpart B, Section
on EPA rulemakings in 2013 which
that is placed in the public docket and 211.7150(a).
added these compounds to the list of made available on the Internet. If you
chemical compounds that are excluded B. Did Illinois hold public hearings on
submit an electronic comment, EPA
from the Federal definition of VOC this SIP revision?
recommends that you include your
because, in their intended uses, they name and other contact information in The Illinois Pollution Control Board
make negligible contributions to the body of your comment and with any held a public hearing on the proposed
tropospheric ozone formation. disk or CD–ROM you submit. If EPA SIP revision on October 31, 2013. The
DATES: This direct final rule will be cannot read your comment due to Board received no comments.
effective April 21, 2015, unless EPA technical difficulties and cannot contact
receives adverse comments by March II. What is EPA approving?
you for clarification, EPA may not be
23, 2015. If adverse comments are able to consider your comment. EPA is approving an Illinois SIP
received, EPA will publish a timely Electronic files should avoid the use of revision that updates the definition of
withdrawal of the direct final rule in the special characters, any form of VOM or VOC at 35 IAC Part 211,
Federal Register informing the public encryption, and be free of any defects or Subpart B, Section 211.7150(a) to add
that the rule will not take effect. viruses. (difluoromethoxy) (difluoro)methane
ADDRESSES: Submit your comments, Docket: All documents in the docket (CHF2OCHF2 or HFE–134),
identified by Docket ID No. EPA–R05– are listed in the www.regulations.gov bis(difluoromethoxy) (difluoro)methane
OAR–2014–0504, by one of the index. Although listed in the index, (CHF2OCF2OCHF2 or HFE–236cal2), 1-
following methods: some information is not publicly (difluoromethoxy)-2-[(difluoromethoxy)
1. www.regulations.gov: Follow the available, e.g., CBI or other information ((difluoro)methoxy]-1,1,2,2-
on-line instructions for submitting whose disclosure is restricted by statute. tetrafluoroethane
comments. Certain other material, such as (CHF2OCF2OCF2CF2OCHF2 or HFE–43–
2. Email: Aburano.Douglas@epa.gov. copyrighted material, will be publicly 10pccc), 1,2-bis(difluoromethoxy)-
3. Fax: (312)408–2279 available only in hard copy. Publicly 1,1,2,2-tetrafluoroethane
4. Mail: Douglas Aburano, Chief, available docket materials are available (CHF2OCF2CF2OCHF2 or HFE–
Attainment Planning and Maintenance either electronically in 338pcc13), and trans 1-chloro-3,3,3-
Section, Air Programs Branch (AR–18J), www.regulations.gov or in hard copy at trifluoroprop-1-ene (CF3CHCHCl) to the
U.S. Environmental Protection Agency, the Environmental Protection Agency, list of excluded compounds at 35 IAC
77 West Jackson Boulevard, Chicago, Region 5, Air and Radiation Division, 77 211.7150(a). Illinois took this action
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Illinois 60604. West Jackson Boulevard, Chicago, based on EPA’s 2013 rulemakings in
5. Hand Delivery: Douglas Aburano, Illinois 60604. This facility is open from which EPA determined these
Chief, Attainment Planning and 8:30 a.m. to 4:30 p.m., Monday through compounds have a negligible
Maintenance Section, Air Programs Friday, excluding Federal holidays. We contribution to tropospheric ozone
Branch (AR–18J), U.S. Environmental recommend that you telephone Douglas formation and thus should be excluded
Protection Agency, 77 West Jackson Aburano, Section Chief at (312) 353– from the definition of VOC codified at
Boulevard, Chicago, Illinois 60604. 6960 before visiting the Region 5 office. 40 CFR 51.100(s). (See 78 FR 9823
VerDate Sep<11>2014 12:44 Feb 19, 2015 Jkt 235001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\20FER1.SGM 20FER1](https://thefederalregister.org/doc/80_FR_9236/page/1.svg)
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(February 12, 2013) and 78 FR 53029 definition of VOC. The Illinois SIP • Is not a ‘‘significant regulatory
(August 28, 2013)). This action also revision adds (difluoromethoxy) action’’ subject to review by the Office
approves minor administrative changes (difluoro)methane (CHF2OCHF2 or HFE– of Management and Budget under
in alphabetization of compound names 134), bis(difluoromethoxy) Executive Order 12866 (58 FR 51735,
and correction of compound condensed (difluoro)methane (CHF2OCF2OCHF2 or October 4, 1993);
structural formulas to 35 IAC HFE–236cal2), 1-(difluoromethoxy)-2- • Does not impose an information
211.7150(a) that refer to compounds [(difluoromethoxy) ((difluoro)methoxy]- collection burden under the provisions
previously approved as excluded from 1,1,2,2-tetrafluoroethane of the Paperwork Reduction Act (44
the definition of VOM in the Illinois (CHF2OCF2OCF2CF2OCHF2 or HFE–43– U.S.C. 3501 et seq.);
SIP. 10pccc), 1,2-bis(difluoromethoxy)- • Is certified as not having a
1,1,2,2-tetrafluoroethane significant economic impact on a
III. What is EPA’s analysis of the SIP substantial number of small entities
(CHF2OCF2CF2OCHF2 or HFE–
revision? under the Regulatory Flexibility Act (5
338pcc13), and trans 1-chloro-3,3,3-
In 2005, EPA received a petition trifluoroprop-1-ene (CF3CHCHCl) to the U.S.C. 601 et seq.);
asking EPA to exempt HCF2OCF2H list of chemical compounds considered • Does not contain any unfunded
(HFE–134), HCF2OCF2OCF2H (HFE– exempt from the definition of VOM or mandate or significantly or uniquely
236cal2), HCF2OCF2CF2OCF2H (HFE– VOC at 35 IAC 211.7150(a). affect small governments, as described
338pcc13), HCF2OCF2OCF2CF2OCF2H We are publishing this action without in the Unfunded Mandates Reform Act
(H-Galden 1040x or H-Galden ZT 130 prior proposal because we view this as of 1995 (Pub. L. 104–4);
(or 150 or 180)) from the definition of a noncontroversial amendment and • Does not have Federalism
VOC.1 Based on the level of reactivity of anticipate no adverse comments. implications as specified in Executive
these chemical compounds, EPA However, in the proposed rules section Order 13132 (64 FR 43255, August 10,
concluded that these compounds make of this Federal Register publication, we 1999);
negligible contributions to tropospheric are publishing a separate document that • Is not an economically significant
ozone formation (78 FR 9823, February will serve as the proposal to approve the regulatory action based on health or
12, 2013). Therefore on February 12, state plan if relevant adverse written safety risks subject to Executive Order
2013, EPA amended 40 CFR 51.100(s)(1) comments are filed. This rule will be 13045 (62 FR 19885, April 23, 1997);
to exclude these compounds from the effective April 21, 2015 without further • Is not a significant regulatory action
definition of VOC for purposes of notice unless we receive relevant subject to Executive Order 13211 (66 FR
preparing SIPs to attain the national adverse written comments by March 23, 28355, May 22, 2001);
ambient air quality standard for ozone 2015. If we receive such comments, we • Is not subject to requirements of
under title I of the Clean Air Act (78 FR will withdraw this action before the Section 12(d) of the National
9823). EPA’s action became effective effective date by publishing a Technology Transfer and Advancement
March 14, 2013. Illinois EPA’s SIP subsequent document that will Act of 1995 (15 U.S.C. 272 note) because
revision is consistent with EPA’s action withdraw the final action. All public application of those requirements would
amending the definition of VOC at 40 comments received will then be be inconsistent with the Clean Air Act;
CFR 51.100(s). addressed in a subsequent final rule and
In 2011, EPA received a petition based on the proposed action. EPA will • Does not provide EPA with the
asking EPA to exempt trans 1-chloro- not institute a second comment period. discretionary authority to address, as
3,3,3-trifluoroprop-1-ene from the Any parties interested in commenting appropriate, disproportionate human
definition of VOC. Based on the level of on this action should do so at this time. health or environmental effects, using
reactivity of this chemical compound, Please note that if EPA receives adverse practicable and legally permissible
EPA concluded that this compound comment on an amendment, paragraph, methods, under Executive Order 12898
makes a negligible contribution to or section of this rule and if that (59 FR 7629, February 16, 1994).
tropospheric ozone formation (78 FR provision may be severed from the This rule is not approved to apply on
53029, August 28, 2013). Therefore on remainder of the rule, EPA may adopt any Indian reservation land or in any
August 28, 2013, EPA amended 40 CFR as final those provisions of the rule that other area where EPA or an Indian tribe
51.100(s)(1) to exclude this compound are not the subject of an adverse has demonstrated that a tribe has
from the definition of VOC for purposes comment. If we do not receive any jurisdiction. In those areas of Indian
of preparing SIPs to attain the national comments, this action will be effective country, the rule does not have tribal
ambient air quality standard for ozone April 21, 2015. implications as specified by Executive
under title I of the Clean Air Act (78 FR Order 13175, nor will it impose
V. Statutory and Executive Order substantial direct costs on tribal
53029). EPA’s action became effective Reviews
September 27, 2013. Illinois EPA’s SIP governments or preempt tribal law.
Under the Clean Air Act, the The Congressional Review Act, 5
revision is consistent with EPA’s action
Administrator is required to approve a U.S.C. 801 et seq., as added by the Small
amending the definition of VOC at 40
SIP submission that complies with the Business Regulatory Enforcement
CFR 51.100(s).
provisions of the Clean Air Act and Fairness Act of 1996, generally provides
IV. What action is EPA taking? applicable Federal regulations. 42 that before a rule may take effect, the
EPA is approving a revision to the U.S.C. 7410(k); 40 CFR 52.02(a). Thus, agency promulgating the rule must
Illinois SIP which is consistent with in reviewing SIP submissions, EPA’s submit a rule report, which includes a
EPA’s 2013 actions revising the role is to approve state choices, copy of the rule, to each House of the
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provided that they meet the criteria of Congress and to the Comptroller General
1 Note that EPA uses compound condensed the Clean Air Act. Accordingly, this of the United States. EPA will submit a
structural formulas that differ from those used by action merely approves state law as report containing this action and other
Illinois EPA. Through comparison of HFE numbers meeting Federal requirements and does required information to the U.S. Senate,
and chemical formulas as used by the American
Chemical Society, we have determined that EPA
not impose additional requirements the U.S. House of Representatives, and
and Illinois EPA are referring to the same beyond those imposed by state law. For the Comptroller General of the United
compounds for the purposes of this rule. that reason, this action: States prior to publication of the rule in
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![9204 Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Rules and Regulations
the Federal Register. A major rule 1,1,2,2-tetrafluoroethane informing the public that the rule will
cannot take effect until 60 days after it (CHF2OCF2OCF2CF2OCHF2 or HFE–43– not take effect.
is published in the Federal Register. 10pccc), 1,2-bis(difluoromethoxy)- ADDRESSES: Submit your comments,
This action is not a ‘‘major rule’’ as 1,1,2,2-tetrafluoroethane identified by Docket No. EPA–R06–
defined by 5 U.S.C. 804(2). (CHF2OCF2CF2OCHF2 or HFE– OAR–2014–0554, by one of the
Under section 307(b)(1) of the Clean 338pcc13), and trans 1-chloro-3,3,3- following methods:
Air Act, petitions for judicial review of trifluoroprop-1-ene (CF3CHCHCl) were • www.regulations.gov. Follow the
this action must be filed in the United added to the list of negligibly reactive online instructions.
States Court of Appeals for the compounds excluded from the • Email: Ms. Nevine Salem at
appropriate circuit by April 21, 2015. definition of ‘‘Volatile Organic Material salem.nevine@epa.gov.
Filing a petition for reconsideration by (VOM)’’ or ‘‘Volatile Organic Compound • Mail or delivery: Mr. Guy
the Administrator of this final rule does (VOC)’’ at 35 IAC 211.7150(a). Donaldson, Chief, Air Planning Section
not affect the finality of this action for (i) Incorporation by reference. (6PD–L), Environmental Protection
the purposes of judicial review nor does Illinois Administrative Code Title 35: Agency, 1445 Ross Avenue, Suite 1200,
it extend the time within which a Environmental Protection; Subtitle B: Dallas, Texas 75202–2733.
petition for judicial review may be filed, Air Pollution; Chapter I: Pollution Instructions: Direct your comments to
and shall not postpone the effectiveness Control Board; Subchapter c: Emission Docket No. EPA–R06–OAR–2014–0554.
of such rule or action. Parties with Standards and Limitations for EPA’s policy is that all comments
objections to this direct final rule are Stationary Sources; Part 211: Definitions received will be included in the public
encouraged to file a comment in and General Provisions; Subpart B: docket without change and may be
response to the parallel notice of Definitions; Section 211.7150: Volatile made available online at
proposed rulemaking for this action Organic Material (VOM) or Volatile www.regulations.gov, including any
published in the proposed rules section Organic Compound (VOC), effective personal information provided, unless
of today’s Federal Register, rather than November 27, 2013. the comment includes information
file an immediate petition for judicial [FR Doc. 2015–03450 Filed 2–19–15; 8:45 am] claimed to be Confidential Business
review of this direct final rule, so that BILLING CODE 6560–50–P Information (CBI) or other information
EPA can withdraw this direct final rule whose disclosure is restricted by statute.
and address the comment in the Do not submit information that you
proposed rulemaking. This action may ENVIRONMENTAL PROTECTION consider to be CBI or otherwise
not be challenged later in proceedings to AGENCY protected through www.regulations.gov
enforce its requirements. (See section or email. The www.regulations.gov Web
307(b)(2).) 40 CFR Part 52
site is an ‘‘anonymous access’’ system,
List of Subjects in 40 CFR Part 52 [EPA–R06–OAR–2014–0554; FRL–9923–19– which means EPA will not know your
Region 6] identity or contact information unless
Environmental protection, Air you provide it in the body of your
pollution control, Incorporation by Approval and Promulgation of comment. If you send an email
reference, Intergovernmental relations, Implementation Plans; Texas; comment directly to EPA without going
Ozone, Reporting and recordkeeping Emissions Inventories for the Dallas- through www.regulations.gov your email
requirements, Volatile organic Fort Worth and Houston-Galveston- address will be automatically captured
compounds. Brazoria Ozone Nonattainment Areas and included as part of the comment
Dated: December 30, 2014. AGENCY: Environmental Protection that is placed in the public docket and
Susan Hedman, Agency (EPA). made available on the Internet. If you
Regional Administrator, Region 5. ACTION: Direct final rule. submit an electronic comment, EPA
recommends that you include your
40 CFR part 52 is amended as follows:
SUMMARY: The Environmental Protection name and other contact information in
PART 52—APPROVAL AND Agency (EPA) is approving revisions to the body of your comment and with any
PROMULGATION OF the Texas State Implementation Plan disk or CD–ROM you submit. If EPA
IMPLEMENTATION PLANS (SIP) submitted to meet Emissions cannot read your comment due to
Inventory (EI) requirements of the Clean technical difficulties and cannot contact
■ 1. The authority citation for part 52 Air Act (CAA) for the Dallas-Fort Worth you for clarification, EPA may not be
continues to read as follows: (DFW) and the Houston-Galveston- able to consider your comment.
Authority: 42 U.S.C. 7401 et seq. Brazoria (HGB) nonattainment areas. Electronic files should avoid the use of
EPA is approving the SIP revisions special characters, any form of
■ 2. Section 52.720 is amended by because they satisfy the CAA EI encryption, and be free of any defects or
adding paragraph (c)(202) to read as requirements for the DFW and HGB viruses.
follows: nonattainment areas under the 2008 Docket: The index to the docket for
§ 52.720 Identification of plan. eight-hour ozone National Ambient Air this action is available electronically at
* * * * * Quality Standards (NAAQS). EPA is www.regulations.gov and in hard copy
(c) * * * approving the revisions pursuant to at EPA Region 6, 1445 Ross Avenue,
(202) On June 10, 2014, Illinois section 110 and part D of the CAA and Suite 700, Dallas, Texas. While all
submitted revised regulations that are EPA’s regulations. documents in the docket are listed in
Rmajette on DSK2VPTVN1PROD with RULES
consistent with 40 CFR 51.100(s)(1). The DATES: This direct final rule will be the index, some information may be
compounds (difluoromethoxy) effective April 21, 2015 without further publicly available only at the hard copy
(difluoro)methane (CHF2OCHF2 or HFE– notice, unless EPA receives adverse location (e.g., copyrighted material), and
134), bis(difluoromethoxy) comment by March 23, 2015. If EPA some may not be publicly available at
(difluoro)methane (CHF2OCF2OCHF2 or receives adverse comment, we will either location (e.g., CBI).
HFE–236cal2), 1-(difluoromethoxy)-2- publish a timely withdrawal of the FOR FURTHER INFORMATION CONTACT: Ms.
[(difluoromethoxy) ((difluoro)methoxy]- direct final rule in the Federal Register Nevine Salem, (214) 665–7222,
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Document Created: 2015-12-18 13:02:16
Document Modified: 2015-12-18 13:02:16
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This direct final rule will be effective April 21, 2015, unless EPA receives adverse comments by March 23, 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. | |
| Contact | Douglas Aburano, Section Chief, Attainment Planning and Maintenance Section, Air Programs Branch (AR- 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-6960, [email protected] | |
| FR Citation | 80 FR 9202 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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