81_FR_95724 81 FR 95475 - Air Plan Approval; Illinois; Volatile Organic Compounds Definition

81 FR 95475 - Air Plan Approval; Illinois; Volatile Organic Compounds Definition

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 249 (December 28, 2016)

Page Range95475-95477
FR Document2016-31227

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-amino-2-methyl-1-propanol (AMP). This revision is in response to an EPA rulemaking in 2014 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 81 Issue 249 (Wednesday, December 28, 2016)
[Federal Register Volume 81, Number 249 (Wednesday, December 28, 2016)]
[Rules and Regulations]
[Pages 95475-95477]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31227]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2016-0502; FRL-9955-89-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-amino-2-methyl-1-propanol (AMP). This 
revision is in response to an EPA rulemaking in 2014 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 February 27, 2017, 
unless EPA receives adverse comments by January 27, 2017. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final rule in the Federal Register informing the public that the 
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2016-0502 at http://www.regulations.gov or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Michelle Becker, Life Scientist, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-3901, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. What is the background for this action?
II. What 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?

    The Illinois Environmental Protection Agency (IEPA) submitted a 
revision to the Illinois SIP to EPA for approval on August 9, 2016. The 
SIP revision excludes the chemical compound 2-amino-2-methyl-1-propanol 
(AMP) from the definition of VOM or VOC at 35 IAC Part 211, Subpart B, 
Section 211.7150(a).
    The Illinois Pollution Control Board (IPCB) held a public hearing 
on the proposed SIP revision on January 8, 2015. There were no public 
comments received at the public hearing. IPCB received one comment from 
the American Coatings Association in a letter dated December 16, 2014, 
supporting the exemption of AMP from

[[Page 95476]]

the Illinois regulated VOCs. IPCB adopted the amendment to 35 IAC 
211.7150(a) on March 5, 2015. IPCB also adopted minor administrative 
changes such as alphabetizing compound names, adding a subpart heading 
previously omitted, 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 2012, EPA received a petition requesting that AMP be exempted 
from VOC control based on its low reactivity to ethane. On March 27, 
2014 (79 FR 17037), EPA responded to the petition by amending 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). 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. (79 FR 
17037). Additionally, EPA considered risks not related to tropospheric 
ozone associated with currently allowed uses of the chemical to be 
acceptable. EPA's action became effective on June 25, 2014. 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 August 9, 2016, 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 February 27, 2017 without further notice 
unless we receive relevant adverse written comments by January 27, 
2017. If we receive such comments, we will withdraw this action before 
the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on the proposed action. EPA 
will not institute a second comment period. Any parties interested in 
commenting on this action should do so at this time. Please note that 
if EPA receives adverse comment on an amendment, paragraph, or section 
of this rule and if that provision may be severed from the remainder of 
the rule, EPA may adopt as final those provisions of the rule that are 
not the subject of an adverse comment. If we do not receive any 
comments, this action will be effective February 27, 2017.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the Illinois 
Regulations described in the amendments to 40 CFR part 52 set forth 
below. EPA has made, and will continue to make, these documents 
generally available through www.regulations.gov, and/or at the National 
Archives and Records Administration (NARA), and/or at the EPA Region 5 
Office (please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this preamble for more information). For 
information on the availability of this material at NARA, go to: 
www.archives.gov/federal-register/cfr/ibr-locations.html.

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 (Public Law 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 
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 February 27, 2017. 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

[[Page 95477]]

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: November 18, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
    40 CFR Part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

0
2. Section 52.720 is amended by adding paragraph (c)(209) to read as 
follows:


Sec.  52.720  Identification of plan.

* * * * *
    (c) * * *
    (209) On August 9, 2016, 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-amino-2-methyl-1-propanol (AMP), 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: Emissions Standards and 
Limitations for Station Sources, Part 211: Definitions and General 
Provisions, Subpart B: Definitions, Section 211.7150 Volatile Organic 
Material (VOM) or Volatile Organic Compounds (VOC), effective March 24, 
2015.

[FR Doc. 2016-31227 Filed 12-27-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                            Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Rules and Regulations                                           95475

                                              Indian country, the rule does not have                  Subpart F—California                                  submitting comments. Once submitted,
                                              tribal implications and will not impose                                                                       comments cannot be edited or removed
                                              substantial direct costs on tribal                      ■ 2. Section 52.220 is amended by                     from Regulations.gov. For either manner
                                              governments or preempt tribal law as                    adding paragraph (c)(483) to read as                  of submission, EPA may publish any
                                              specified by Executive Order 13175 (65                  follows:                                              comment received to its public docket.
                                              FR 67249, November 9, 2000).                                                                                  Do not submit electronically any
                                                                                                      § 52.220    Identification of plan—in part.
                                                                                                                                                            information you consider to be
                                                 The Congressional Review Act, 5                      *      *    *     *    *                              Confidential Business Information (CBI)
                                              U.S.C. 801 et seq., as added by the Small                 (c) * * *                                           or other information whose disclosure is
                                              Business Regulatory Enforcement                           (483) A new regulation was submitted                restricted by statute. Multimedia
                                              Fairness Act of 1996, generally provides                on June 9, 2016 by the Governor’s                     submissions (audio, video, etc.) must be
                                              that before a rule may take effect, the                 Designee.                                             accompanied by a written comment.
                                              agency promulgating the rule must                         (i) Incorporation by Reference.                     The written comment is considered the
                                              submit a rule report, which includes a                    (A) Great Basin Unified Air Pollution
                                                                                                                                                            official comment and should include
                                              copy of the rule, to each House of the                  Control District.
                                                                                                                                                            discussion of all points you wish to
                                              Congress and to the Comptroller General                   (1) Rule 433, ‘‘Control of Particulate
                                                                                                                                                            make. EPA will generally not consider
                                              of the United States. The EPA will                      Emissions at Owens Lake,’’ adopted on
                                                                                                                                                            comments or comment contents located
                                              submit a report containing this action                  April 13, 2016.
                                                                                                                                                            outside of the primary submission (i.e.
                                              and other required information to the                   [FR Doc. 2016–31225 Filed 12–27–16; 8:45 am]
                                                                                                                                                            on the web, cloud, or other file sharing
                                              U.S. Senate, the U.S. House of                          BILLING CODE 6560–50–P                                system). For additional submission
                                              Representatives, and the Comptroller                                                                          methods, please contact the person
                                              General of the United States prior to                                                                         identified in the FOR FURTHER
                                              publication of the rule in the Federal                  ENVIRONMENTAL PROTECTION                              INFORMATION CONTACT section. For the
                                              Register. A major rule cannot take effect               AGENCY                                                full EPA public comment policy,
                                              until 60 days after it is published in the                                                                    information about CBI or multimedia
                                              Federal Register. This action is not a                  40 CFR Part 52
                                                                                                                                                            submissions, and general guidance on
                                              ‘‘major rule’’ as defined by 5 U.S.C.                   [EPA–R05–OAR–2016–0502; FRL–9955–89–                  making effective comments, please visit
                                              804(2).                                                 Region 5]                                             http://www2.epa.gov/dockets/
                                                 Under section 307(b)(1) of the Clean                                                                       commenting-epa-dockets.
                                                                                                      Air Plan Approval; Illinois; Volatile
                                              Air Act, petitions for judicial review of                                                                     FOR FURTHER INFORMATION CONTACT:
                                                                                                      Organic Compounds Definition
                                              this action must be filed in the United                                                                       Michelle Becker, Life Scientist,
                                              States Court of Appeals for the                         AGENCY: Environmental Protection                      Attainment Planning and Maintenance
                                              appropriate circuit by February 27,                     Agency (EPA).                                         Section, Air Programs Branch (AR–18J),
                                              2017. Filing a petition for                             ACTION: Direct final rule.                            Environmental Protection Agency,
                                              reconsideration by the Administrator of                                                                       Region 5, 77 West Jackson Boulevard,
                                              this final rule does not affect the finality            SUMMARY:   Under the Clean Air Act                    Chicago, Illinois 60604, (312) 886–3901,
                                              of this action for the purposes of judicial             (CAA), the Environmental Protection                   becker.michelle@epa.gov.
                                              review nor does it extend the time                      Agency (EPA) is approving a state                     SUPPLEMENTARY INFORMATION:
                                              within which a petition for judicial                    submission as a revision to the Illinois              Throughout this document whenever
                                              review may be filed, and shall not                      State Implementation Plan (SIP). The                  ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                              postpone the effectiveness of such rule                 revision amends the Illinois                          EPA. This supplementary information
                                              or action. This action may not be                       Administrative Code (IAC) by updating                 section is arranged as follows:
                                              challenged later in proceedings to                      the definition of volatile organic                    I. What is the background for this action?
                                              enforce its requirements (see section                   material (VOM), otherwise known as                    II. What is EPA’s analysis of the SIP
                                              307(b)(2)).                                             volatile organic compounds (VOC), to                       Revision?
                                                                                                      exclude 2-amino-2-methyl-1-propanol                   III. What action is EPA taking?
                                              List of Subjects in 40 CFR Part 52                      (AMP). This revision is in response to                IV. Incorporation by Reference
                                                                                                      an EPA rulemaking in 2014 which                       V. Statutory and Executive Order Reviews
                                                Environmental protection, Air                         exempted this compound from the
                                              pollution control, Incorporation by                                                                           I. What is the background for this
                                                                                                      Federal definition of VOC on the basis                action?
                                              reference, Intergovernmental relations,                 that the compound makes a negligible
                                              Particulate matter, Reporting and                       contribution to tropospheric ozone                       The Illinois Environmental Protection
                                              recordkeeping requirements.                             formation.                                            Agency (IEPA) submitted a revision to
                                                                                                                                                            the Illinois SIP to EPA for approval on
                                                Dated: November 10, 2016.                             DATES:  This direct final rule will be                August 9, 2016. The SIP revision
                                              Alexis Strauss,                                         effective February 27, 2017, unless EPA               excludes the chemical compound 2-
                                              Acting Regional Administrator, Region IX.               receives adverse comments by January                  amino-2-methyl-1-propanol (AMP) from
                                                                                                      27, 2017. If adverse comments are                     the definition of VOM or VOC at 35 IAC
                                                Part 52, Chapter I, Title 40 of the Code              received, EPA will publish a timely                   Part 211, Subpart B, Section
                                              of Federal Regulations is amended as                    withdrawal of the direct final rule in the            211.7150(a).
                                              follows:                                                Federal Register informing the public                    The Illinois Pollution Control Board
                                                                                                      that the rule will not take effect.                   (IPCB) held a public hearing on the
                                              PART 52—APPROVAL AND
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                                                                                                      ADDRESSES: Submit your comments,                      proposed SIP revision on January 8,
                                              PROMULGATION OF
                                                                                                      identified by Docket ID No. EPA–R05–                  2015. There were no public comments
                                              IMPLEMENTATION PLANS
                                                                                                      OAR–2016–0502 at http://                              received at the public hearing. IPCB
                                                                                                      www.regulations.gov or via email to                   received one comment from the
                                              ■ 1. The authority citation for Part 52                 aburano.douglas@epa.gov. For                          American Coatings Association in a
                                              continues to read as follows:                           comments submitted at Regulations.gov,                letter dated December 16, 2014,
                                                  Authority: 42 U.S.C. 7401 et seq.                   follow the online instructions for                    supporting the exemption of AMP from


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                                              95476        Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Rules and Regulations

                                              the Illinois regulated VOCs. IPCB                       Please note that if EPA receives adverse              in the Unfunded Mandates Reform Act
                                              adopted the amendment to 35 IAC                         comment on an amendment, paragraph,                   of 1995 (Public Law 104–4);
                                              211.7150(a) on March 5, 2015. IPCB also                 or section of this rule and if that                      • Does not have Federalism
                                              adopted minor administrative changes                    provision may be severed from the                     implications as specified in Executive
                                              such as alphabetizing compound names,                   remainder of the rule, EPA may adopt                  Order 13132 (64 FR 43255, August 10,
                                              adding a subpart heading previously                     as final those provisions of the rule that            1999);
                                              omitted, and replacing the word                         are not the subject of an adverse                        • Is not an economically significant
                                              ‘‘above’’ with ‘‘of this Section’’ in 35                comment. If we do not receive any                     regulatory action based on health or
                                              IAC 211.7150(d) for ease of cross-                      comments, this action will be effective               safety risks subject to Executive Order
                                              referencing within a section of the                     February 27, 2017.                                    13045 (62 FR 19885, April 23, 1997);
                                              regulations.                                                                                                     • Is not a significant regulatory action
                                                                                                      IV. Incorporation by Reference                        subject to Executive Order 13211 (66 FR
                                              II. What is EPA’s analysis of the SIP                                                                         28355, May 22, 2001);
                                                                                                        In this rule, EPA is finalizing
                                              Revision?
                                                                                                      regulatory text that includes                            • Is not subject to requirements of
                                                 In 2012, EPA received a petition                     incorporation by reference. In                        Section 12(d) of the National
                                              requesting that AMP be exempted from                    accordance with requirements of 1 CFR                 Technology Transfer and Advancement
                                              VOC control based on its low reactivity                 51.5, EPA is finalizing the incorporation             Act of 1995 (15 U.S.C. 272 note) because
                                              to ethane. On March 27, 2014 (79 FR                     by reference of the Illinois Regulations              application of those requirements would
                                              17037), EPA responded to the petition                   described in the amendments to 40 CFR                 be inconsistent with the Clean Air Act;
                                              by amending 40 CFR 51.100(s)(1) to                      part 52 set forth below. EPA has made,                and
                                              exclude this chemical compound from                                                                              • Does not provide EPA with the
                                                                                                      and will continue to make, these
                                              the definition of VOC for purposes of                                                                         discretionary authority to address, as
                                                                                                      documents generally available through
                                              preparing SIPs to attain the national                                                                         appropriate, disproportionate human
                                                                                                      www.regulations.gov, and/or at the
                                              ambient air quality standard for ozone                                                                        health or environmental effects, using
                                                                                                      National Archives and Records
                                              under title I of the CAA (78 FR 9823).                                                                        practicable and legally permissible
                                                                                                      Administration (NARA), and/or at the
                                              Based on the mass maximum                                                                                     methods, under Executive Order 12898
                                                                                                      EPA Region 5 Office (please contact the
                                              incremental reactivity value for the                                                                          (59 FR 7629, February 16, 1994).
                                                                                                      person identified in the FOR FURTHER                     In addition, the SIP is not approved
                                              compound being equal to or less than                    INFORMATION CONTACT section of this
                                              that of ethane, EPA concluded that this                                                                       to apply on any Indian reservation land
                                                                                                      preamble for more information). For                   or in any other area where EPA or an
                                              compound makes negligible                               information on the availability of this
                                              contributions to tropospheric ozone                                                                           Indian tribe has demonstrated that a
                                                                                                      material at NARA, go to:                              tribe has jurisdiction. In those areas of
                                              formation. (79 FR 17037). Additionally,                 www.archives.gov/federal-register/cfr/
                                              EPA considered risks not related to                                                                           Indian country, the rule does not have
                                                                                                      ibr-locations.html.                                   tribal implications and will not impose
                                              tropospheric ozone associated with
                                              currently allowed uses of the chemical                  V. Statutory and Executive Order                      substantial direct costs on tribal
                                              to be acceptable. EPA’s action became                   Reviews                                               governments or preempt tribal law as
                                              effective on June 25, 2014. IEPA’s SIP                                                                        specified by Executive Order 13175 (65
                                                                                                         Under the CAA, the Administrator is                FR 67249, November 9, 2000).
                                              revision is consistent with EPA’s action
                                                                                                      required to approve a SIP submission                     The Congressional Review Act, 5
                                              amending the definition of VOC at 40
                                                                                                      that complies with the provisions of the              U.S.C. 801 et seq., as added by the Small
                                              CFR 51.100(s).
                                                                                                      CAA and applicable Federal regulations.               Business Regulatory Enforcement
                                              III. What action is EPA taking?                         42 U.S.C. 7410(k); 40 CFR 52.02(a).                   Fairness Act of 1996, generally provides
                                                 EPA is approving into the Illinois SIP               Thus, in reviewing SIP submissions,                   that before a rule may take effect, the
                                              revisions to 35 IAC 211 contained in the                EPA’s role is to approve state choices,               agency promulgating the rule must
                                              August 9, 2016, submittal. We are                       provided that they meet the criteria of               submit a rule report, which includes a
                                              publishing this action without prior                    the CAA. Accordingly, this action                     copy of the rule, to each House of the
                                              proposal because we view this as a                      merely approves state law as meeting                  Congress and to the Comptroller General
                                              noncontroversial amendment and                          Federal requirements and does not                     of the United States. EPA will submit a
                                              anticipate no adverse comments.                         impose additional requirements beyond                 report containing this action and other
                                              However, in the proposed rules section                  those imposed by state law. For that                  required information to the U.S. Senate,
                                              of this Federal Register publication, we                reason, this action:                                  the U.S. House of Representatives, and
                                              are publishing a separate document that                    • Is not a significant regulatory action           the Comptroller General of the United
                                              will serve as the proposal to approve the               subject to review by the Office of                    States prior to publication of the rule in
                                              state plan if relevant adverse written                  Management and Budget under                           the Federal Register. A major rule
                                              comments are filed. This rule will be                   Executive Orders 12866 (58 FR 51735,                  cannot take effect until 60 days after it
                                              effective February 27, 2017 without                     October 4, 1993) and 13563 (76 FR 3821,               is published in the Federal Register.
                                              further notice unless we receive relevant               January 21, 2011);                                    This action is not a ‘‘major rule’’ as
                                              adverse written comments by January                        • Does not impose an information                   defined by 5 U.S.C. 804(2).
                                              27, 2017. If we receive such comments,                  collection burden under the provisions                   Under section 307(b)(1) of the CAA,
                                              we will withdraw this action before the                 of the Paperwork Reduction Act (44                    petitions for judicial review of this
                                              effective date by publishing a                          U.S.C. 3501 et seq.);                                 action must be filed in the United States
                                              subsequent document that will                              • Is certified as not having a                     Court of Appeals for the appropriate
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                                              withdraw the final action. All public                   significant economic impact on a                      circuit by February 27, 2017. Filing a
                                              comments received will then be                          substantial number of small entities                  petition for reconsideration by the
                                              addressed in a subsequent final rule                    under the Regulatory Flexibility Act (5               Administrator of this final rule does not
                                              based on the proposed action. EPA will                  U.S.C. 601 et seq.);                                  affect the finality of this action for the
                                              not institute a second comment period.                     • Does not contain any unfunded                    purposes of judicial review nor does it
                                              Any parties interested in commenting                    mandate or significantly or uniquely                  extend the time within which a petition
                                              on this action should do so at this time.               affect small governments, as described                for judicial review may be filed, and


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                                                            Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Rules and Regulations                                        95477

                                              shall not postpone the effectiveness of                 ENVIRONMENTAL PROTECTION                              at EPA Region 6, 1445 Ross Avenue,
                                              such rule or action. Parties with                       AGENCY                                                Suite 700, Dallas, Texas. While all
                                              objections to this direct final rule are                                                                      documents in the docket are listed in
                                              encouraged to file a comment in                         40 CFR Part 52                                        the index, some information may be
                                              response to the parallel notice of                      [EPA–R06–OAR–2014–0513; FRL–9956–45–                  publicly available only at the hard copy
                                              proposed rulemaking for this action                     Region 6]                                             location (e.g., copyrighted material), and
                                              published in the proposed rules section                                                                       some may not be publicly available at
                                              of today’s Federal Register, rather than                Approval and Promulgation of                          either location (e.g., CBI).
                                              file an immediate petition for judicial                 Implementation Plans; Louisiana; State                FOR FURTHER INFORMATION CONTACT:
                                              review of this direct final rule, so that               Boards                                                Tracie Donaldson, 214–665–6633,
                                              EPA can withdraw this direct final rule                                                                       Donaldson.tracie@epa.gov. To inspect
                                                                                                      AGENCY: Environmental Protection
                                              and address the comment in the                                                                                the hard copy materials, please schedule
                                                                                                      Agency (EPA).
                                              proposed rulemaking. This action may                                                                          an appointment with Tracie Donaldson
                                                                                                      ACTION: Direct final rule.
                                              not be challenged later in proceedings to                                                                     or Mr. Bill Deese at 214–665–7253.
                                              enforce its requirements. (See section                  SUMMARY:    Pursuant to the Federal Clean             SUPPLEMENTARY INFORMATION:
                                              307(b)(2).)                                             Air Act (CAA or Act), the                             Throughout this document ‘‘we,’’ ‘‘us,’’
                                              List of Subjects in 40 CFR Part 52                      Environmental Protection Agency (EPA)                 and ‘‘our’’ means the EPA.
                                                                                                      is approving revisions to the Louisiana
                                                Environmental protection, Air                                                                               I. Background
                                                                                                      State Implementation Plan (SIP) that
                                              pollution control, Incorporation by                     address requirements in CAA Section                   A. CAA and Section 128: State Boards
                                              reference, Intergovernmental relations,                 128 regarding State Board composition                 and Heads of Executive Agency,
                                              Ozone, Reporting and recordkeeping                      and Conflict of Interest and Disclosure               Conflicts of Interest
                                              requirements, Volatile organic                          requirements.                                            Section 128 of the CAA requires SIPs
                                              compounds.                                              DATES: This rule is effective on February             to comply with the requirements
                                                Dated: November 18, 2016.                             27, 2017 without further notice, unless               regarding State Boards. Section
                                              Robert A. Kaplan,                                       the EPA receives relevant adverse                     110(a)(2)(E)(ii) of the CAA also
                                              Acting Regional Administrator, Region 5.                comment by January 27, 2017. If the                   references these requirements. Section
                                                                                                      EPA receives such comment, the EPA                    128(a) of the CAA requires SIPs to
                                                  40 CFR Part 52 is amended as follows:               will publish a timely withdrawal in the               contain provisions that: (1) Any board
                                                                                                      Federal Register informing the public                 or body which approves permits or
                                              PART 52—APPROVAL AND                                    that this rule will not take effect.
                                              PROMULGATION OF                                                                                               enforcement orders under the CAA have
                                                                                                      ADDRESSES: Submit your comments,                      at least a majority of its members
                                              IMPLEMENTATION PLANS
                                                                                                      identified by Docket No. EPA–R06–                     represent the public interest and not
                                                                                                      OAR–2014–0513, at http://                             derive any significant portion of their
                                              ■ 1. The authority citation for part 52
                                                                                                      www.regulations.gov or via email to                   income from persons subject to permits
                                              continues to read as follows:
                                                                                                      donaldson.tracie@epa.gov. Follow the                  or enforcement orders under the CAA;
                                                  Authority: 42 U.S.C. 7401 et seq.                   online instructions for submitting                    and (2) any potential conflict of interest
                                              ■ 2. Section 52.720 is amended by                       comments. Once submitted, comments                    by members of such board or body or
                                              adding paragraph (c)(209) to read as                    cannot be edited or removed from                      the head of an executive agency with
                                              follows:                                                Regulations.gov. The EPA may publish                  similar powers be adequately disclosed.
                                                                                                      any comment received to its public                       The requirements of CAA section
                                              § 52.720    Identification of plan.                     docket. Do not submit electronically any              128(a)(1) are not applicable to Louisiana
                                              *       *    *    *     *                               information you consider to be                        because it does not have any board or
                                                 (c) * * *                                            Confidential Business Information (CBI)               body which approves air quality permits
                                                 (209) On August 9, 2016, the state                   or other information whose disclosure is              or enforcement orders. The
                                              submitted a proposed revision to the                    restricted by statute. Multimedia                     requirements of CAA section 128(a)(2),
                                              Illinois SIP updating the definition of                 submissions (audio, video, etc.) must be              however, are applicable to Louisiana
                                              Volatile Organic Material (VOM) or                      accompanied by a written comment.                     because LDEQ’s cabinet level Secretary
                                              Volatile Organic Compound (VOC) to                      The written comment is considered the                 (i.e., the head of an executive agency)
                                              exclude the chemical compound 2-                        official comment and should include                   makes the referenced decisions. Under
                                              amino-2-methyl-1-propanol (AMP),                        discussion of all points you wish to                  Louisiana Revised Statutes at Title 30;
                                              along with minor administrative                         make. The EPA will generally not                      Subtitle 2. Environmental Quality;
                                              revisions.                                              consider comments or comment                          Chapter 2; Department of Environmental
                                                                                                      contents located outside of the primary               Quality, and Chapter 3; Louisiana Air
                                                 (i) Incorporation by reference. Illinois             submission (i.e. on the web, cloud, or                Control Law, the Secretary of the
                                              Administrative Code, Title 35:                          other file sharing system). For                       Louisiana Department of Environmental
                                              Environmental Protection, Subtitle B:                   additional submission methods, please                 Quality (LDEQ), has the power and duty
                                              Air Pollution, Chapter I: Pollution                     contact Tracie Donaldson, 214–665–                    to, among other things, grant or deny air
                                              Control Board, Subchapter c: Emissions                  6633, Donaldson.tracie@epa.gov. For                   quality related permits.
                                              Standards and Limitations for Station                   the full EPA public comment policy,
                                              Sources, Part 211: Definitions and                      information about CBI or multimedia                   B. Louisiana’s Submittal
sradovich on DSK3GMQ082PROD with RULES




                                              General Provisions, Subpart B:                          submissions, and general guidance on                    On April 30, 1997 Louisiana
                                              Definitions, Section 211.7150 Volatile                  making effective comments, please visit               submitted a SIP revision that contains
                                              Organic Material (VOM) or Volatile                      http://www2.epa.gov/dockets/                          revisions to the Louisiana Revised
                                              Organic Compounds (VOC), effective                      commenting-epa-dockets.                               Statutes for inclusion into the SIP. The
                                              March 24, 2015.                                            Docket: The index to the docket for                revisions that are necessary for
                                              [FR Doc. 2016–31227 Filed 12–27–16; 8:45 am]            this action is available electronically at            inclusion into the State’s SIP address
                                              BILLING CODE 6560–50–P                                  www.regulations.gov and in hard copy                  the requirements of CAA section 128 in


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Document Created: 2016-12-28 02:17:04
Document Modified: 2016-12-28 02:17:04
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 February 27, 2017, unless EPA receives adverse comments by January 27, 2017. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect.
ContactMichelle Becker, Life Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR- 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-3901, [email protected]
FR Citation81 FR 95475 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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