83 FR 24030 - Air Plan Approval; Illinois; Volatile Organic Compounds Definition
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 101 (May 24, 2018)
Federal Register Volume 83, Issue 101 (May 24, 2018)
| Page Range | 24030-24033 | |
| FR Document | 2018-11068 |
[Federal Register Volume 83, Number 101 (Thursday, May 24, 2018)] [Rules and Regulations] [Pages 24030-24033] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11068] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2017-0323; FRL-9978-45--Region 5] Air Plan Approval; Illinois; Volatile Organic Compounds Definition AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a state submission as a revision to the Illinois state implementation plan (SIP). The revision, submitted on May 30, 2017, incorporates changes to the Illinois Administrative Code (IAC) definition of ``volatile organic material'' or ``volatile organic compounds'' (VOC). The revision removes recordkeeping and emission reporting requirements related to the use of tertiary butyl acetate (also known as t-butyl acetate) as a VOC. The revision is consistent with an EPA 2016 rulemaking related to tertiary butyl acetate. In addition, Illinois' submission includes the addition of chemical identification information to the list of compounds excluded from the definition of VOC and the deletion of an unnecessary phrase in the definition of VOC. EPA proposed this action on November 2, 2017, and received one public comment in response. DATES: This final rule is effective on June 25, 2018. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R05-OAR-2017-0323. All documents in the docket are listed on the www.regulations.gov website. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available either through www.regulations.gov or at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone Charles Hatten, Environmental Engineer, (312) 886- 6031 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-3031, hatten.charles@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. This supplementary information section is arranged as follows: I. What is the background for this action? II. Public Comment Received and EPA's Response III. What action is EPA taking? IV. Incorporation by Reference V. Statutory and Executive Order Reviews [[Page 24031]] I. What is the background for this action? On May 30, 2017, Illinois submitted, as a SIP revision, a request to revise and update the definition of VOC at Part 211, Subpart B, Section 7150 (35 IAC 211.7150). Illinois also submitted corrections to chemical names and revisions to chemical identifiers included in the list of compounds excluded from the definition of VOC at 35 IAC 211.7150(a) and a minor deletion of an unnecessary phrase in 35 IAC 211.7150(d). The revision addresses an existing exemption related to defining tertiary butyl acetate as a VOC. Before this action, the Illinois SIP excluded this compound from the definition of VOC for purposes of VOC emission limitations and VOC content requirements, but defined the compound as a VOC for all recordkeeping, emissions reporting, photochemical dispersion modeling and inventory requirements that apply to VOC. (69 FR 69298, November 29, 2004). This approach was consistent with EPA's regulation of tertiary butyl acetate at the time this portion of the SIP was originally approved. (64 FR 52731, September 30, 1999). On February 25, 2016, EPA promulgated a final rule amending the definition of VOC to remove the recordkeeping, emissions reporting, photochemical dispersion modeling and inventory requirements related to the use of tertiary butyl acetate as a VOC. (81 FR 9339, codified at 40 CFR 51.100(s)). See 82 FR 50812 for a more detailed summary of the basis for EPA's 2016 rulemaking. In order to conform to EPA's current definition, Illinois revised its definition of VOC to remove the recordkeeping, emissions reporting, photochemical dispersion modeling and inventory requirements for tertiary butyl acetate within the definition of VOC (35 IAC 211.7150). Additionally, Illinois amended the list of excluded compounds in 35 IAC 211.7150 by adding the International Union of Pure and Applied Chemistry (IUPAC) names \1\ and CAS registry numbers,\2\ and presenting common names parenthetically.\3\ Illinois made these changes to eliminate confusion and make it easier to identify specific excluded compounds in 35 IAC 211.7150(a). These changes did not alter the list of excluded compounds and are consistent with the Federal list of excluded compounds in 40 CFR 51.100(s). Finally, Illinois made a minor administrative change by deleting the words ``of this Section'' in 35 IAC 211.7150(d), which discusses appropriate testing methods and includes a reference to subsection (b) of 35 IAC 211.7150. --------------------------------------------------------------------------- \1\ IUPAC has developed a recognized system of nomenclature for chemical compounds. \2\ Chemical Abstract Service (CAS) numbers are developed by the American Chemical Society. CAS numbers are in widespread use and provide clarity because a single CAS number identifies only one chemical isomer. \3\ In Table 6 of Attachment 7 to Illinois' submittal, Illinois lists the chemical compounds excluded from the definition of VOC, using the designations by EPA, IUPAC names, CAS numbers, and commonly used alternative names for each. --------------------------------------------------------------------------- On November 2, 2017, EPA published a proposed rule approving Illinois' requested revision to the SIP at 35 IAC 211.7150 and providing a 30-day public comment period. (82 FR 50853, published in parallel with a Direct Final Rule that was subsequently withdrawn, see 82 FR 50811, 60545). II. Public Comment Received and EPA's Response EPA received one adverse comment on the proposed approval of the Illinois definition of VOC. Comment: The commenter stated that EPA should not approve this SIP submission because EPA should not have added tertiary butyl acetate to the list of exempted compounds, given that it is a highly reactive and volatile compound. The commenter also asserted that EPA should not have removed the reporting requirement because EPA had previously required recordkeeping and reporting so that it could determine further restrictions. The commenter further stated that ``EPA should have enforced the reporting requirement, analyised [sic] the data and determined whether or not tertiary butyl acetate should be further regulated.'' EPA's Response: This comment is not applicable to this action, which merely relies on EPA's previous actions and did not require a technical record supporting exclusion of tertiary butyl acetate from the definition of VOC. The comment primarily concerns two separate EPA actions related to tertiary butyl acetate, the exclusion of the compound from the definition of VOC and the removal of related recordkeeping and reporting requirements, which were taken in 2004 and 2016, respectively. See 69 FR 69298 and 81 FR 9339. EPA provided public comment periods for these actions and responded to any adverse comments received as required by Federal law. In addition, the comment relates to EPA's approval in July 16, 2008, of Illinois' rule excluding tertiary butyl acetate as a VOC (73 FR 40748). These are issues on which the commenter would be precluded from obtaining judicial review, as the time period to challenge these EPA actions has passed. See Section 307(b) of the Clean Air Act (CAA). Nevertheless, EPA notes that it has previously addressed the commenter's concerns in the preambles to the final rules referenced above. Those documents discuss in great detail the nature of VOCs, EPA's approach to organic compounds with a negligible level of reactivity, the chemical characteristics of tertiary butyl acetate, and the bases for EPA's 2004 and 2016 decisions to exclude tertiary butyl acetate from the definition of VOC and remove the recordkeeping and emission reporting requirements related to tertiary butyl acetate as a VOC. III. What action is EPA taking? EPA is approving, as a SIP revision, the removal of the recordkeeping and emission reporting requirements applicable to tertiary butyl acetate as a VOC at 35 IAC 211.7150(e), the addition of chemical identification information for excluded compounds in 35 IAC 211.7150(a), and the removal of the phrase ``of this Section'' in 35 IAC 211.7150(d) contained in the May 30, 2017, submittal. IV. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of the Illinois Regulations described in the amendments to 40 CFR part 52 set forth below. EPA has made, and will continue to make, these documents generally available through www.regulations.gov, and at the EPA Region 5 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). Therefore, these materials have been approved by EPA for inclusion in the State implementation plan, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference in the next update to the SIP compilation.\4\ --------------------------------------------------------------------------- \4\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. [[Page 24032]] 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866. Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by July 23, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: May 10, 2018. Cathy Stepp, Regional Administrator, Region 5. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. 0 2. In Sec. 52.720, the table in paragraph (c) is amended by revising the entry ``211.7150'' to read as follows: Sec. 52.720 Identification of plan. * * * * * (c) * * * EPA-Approved Illinois Regulations and Statutes ---------------------------------------------------------------------------------------------------------------- State Illinois citation Title/subject effective EPA approval date Comments date ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Part 211: Definitions and General Provisions ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Subpart B: Definitions ---------------------------------------------------------------------------------------------------------------- * * * * * * * 211.7150..................... Volatile Organic 1/23/2017 5/24/2018, [insert ............................ Material (VOM) Or Federal Register Volatile Organic citation]. Compound (VOC). * * * * * * * ---------------------------------------------------------------------------------------------------------------- [[Page 24033]] * * * * * [FR Doc. 2018-11068 Filed 5-23-18; 8:45 am] BILLING CODE 6560-50-P
![24030 Federal Register / Vol. 83, No. 101 / Thursday, May 24, 2018 / Rules and Regulations
have determined that this action is one (b) Enforcement period. The zone revision, submitted on May 30, 2017,
of a category of actions that do not described in paragraph (a) of this incorporates changes to the Illinois
individually or cumulatively have a section will be enforced from 11:00 a.m. Administrative Code (IAC) definition of
significant effect on the human until approximately 10:00 p.m. May 24, ‘‘volatile organic material’’ or ‘‘volatile
environment. This rule involves safety 2018. The Captain of the Port San organic compounds’’ (VOC). The
zones of limited size and duration. It is Francisco (COTP) will notify the revision removes recordkeeping and
categorically excluded from further maritime community of periods during emission reporting requirements related
review under Categorical Exclusion which these zones will be enforced via to the use of tertiary butyl acetate (also
L60(a) of Appendix A, Table 1 of DHS Broadcast Notice to Mariners in known as t-butyl acetate) as a VOC. The
Instruction Manual 023–01–001–01, accordance with § 165.7. revision is consistent with an EPA 2016
Rev. 01. A Record of Environmental (c) Definitions. As used in this rulemaking related to tertiary butyl
Consideration supporting this section, ‘‘designated representative’’ acetate. In addition, Illinois’ submission
determination is available in the docket means a Coast Guard Patrol includes the addition of chemical
where indicated under ADDRESSES. Commander, including a Coast Guard identification information to the list of
coxswain, petty officer, or other officer compounds excluded from the
G. Protest Activities definition of VOC and the deletion of an
on a Coast Guard vessel or a Federal,
The Coast Guard respects the First State, or local officer designated by or unnecessary phrase in the definition of
Amendment rights of protesters. assisting the COTP in the enforcement VOC. EPA proposed this action on
Protesters are asked to contact the of the safety zone. November 2, 2017, and received one
person listed in the FOR FURTHER (d) Regulations. (1) Under the general public comment in response.
INFORMATION CONTACT section to regulations in subpart C of this part, DATES: This final rule is effective on
coordinate protest activities so that your entry into, transiting or anchoring June 25, 2018.
message can be received without within this safety zone is prohibited ADDRESSES: EPA has established a
jeopardizing the safety or security of unless authorized by the COTP or the docket for this action under Docket ID
people, places or vessels. COTP’s designated representative. No. EPA–R05–OAR–2017–0323. All
List of Subjects in 33 CFR Part 165 (2) The safety zone is closed to all documents in the docket are listed on
vessel traffic, except as may be the www.regulations.gov website.
Harbors, Marine safety, Navigation permitted by the COTP or a designated Although listed in the index, some
(water), Reporting and recordkeeping representative. information is not publicly available,
requirements, Security measures, (3) Vessel operators desiring to enter i.e., Confidential Business Information
Waterways. or operate within the safety zone must (CBI) or other information whose
For the reasons discussed in the contact the COTP or a designated disclosure is restricted by statute.
preamble, the Coast Guard amends 33 representative to obtain permission to Certain other material, such as
CFR part 165 as follows: do so. Vessel operators given permission copyrighted material, is not placed on
to enter or operate in the safety zone the internet and will be publicly
PART 165—REGULATED NAVIGATION must comply with all directions given to available only in hard copy form.
AREAS AND LIMITED ACCESS AREAS them by the COTP or a designated Publicly available docket materials are
■ 1. The authority citation for part 165 representative. Persons and vessels may available either through
continues to read as follows: request permission to enter the safety www.regulations.gov or at the
zones on VHF–23A or through the 24- Environmental Protection Agency,
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; hour Command Center at telephone Region 5, Air and Radiation Division, 77
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; (415) 399–3547.
Department of Homeland Security Delegation
West Jackson Boulevard, Chicago,
No. 0170.1. Dated: May 17, 2018. Illinois 60604. This facility is open from
Patrick S. Nelson, 8:30 a.m. to 4:30 p.m., Monday through
■ 2. Add § 165.T11–925 to read as Friday, excluding Federal holidays. We
follows: Captain, U.S. Coast Guard, Alternate Captain
of the Port, San Francisco. recommend that you telephone Charles
§ 165.T11–925 Safety Zone; San Francisco [FR Doc. 2018–11180 Filed 5–23–18; 8:45 am]
Hatten, Environmental Engineer, (312)
State University Graduation Fireworks 886–6031 before visiting the Region 5
BILLING CODE 9110–04–P
Display, San Francisco Bay, San Francisco, office.
CA. FOR FURTHER INFORMATION CONTACT:
(a) Location. The following area is a Charles Hatten, Environmental
ENVIRONMENTAL PROTECTION
safety zone: All navigable waters of the Engineer, Control Strategies Section, Air
AGENCY
San Francisco Bay within 100 feet of the Programs Branch (AR–18J),
fireworks barge during loading at Pier 40 CFR Part 52 Environmental Protection Agency,
50, as well as transit and arrival near Region 5, 77 West Jackson Boulevard,
AT&T Park in San Francisco, CA. From [EPA–R05–OAR–2017–0323; FRL–9978–
Chicago, Illinois 60604, (312) 886–3031,
11:00 a.m. until approximately 4:00 45—Region 5]
hatten.charles@epa.gov.
p.m. on May 24, 2018, the fireworks SUPPLEMENTARY INFORMATION:
Air Plan Approval; Illinois; Volatile
barge will be loading at Pier 50 in San Throughout this document whenever
Organic Compounds Definition
Francisco, CA. The safety zone will ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
expand to all navigable waters around AGENCY: Environmental Protection EPA. This supplementary information
sradovich on DSK3GMQ082PROD with RULES
and under the firework barge within a Agency (EPA). section is arranged as follows:
radius of 560 feet in approximate ACTION: Final rule.
position 37°46′36″ N, 122°22′56″ W I. What is the background for this action?
II. Public Comment Received and EPA’s
(NAD 83), 30 minutes prior to the start SUMMARY: The Environmental Protection Response
of the 10 minute fireworks display, Agency (EPA) is approving a state III. What action is EPA taking?
scheduled to begin at 9:30 p.m. on May submission as a revision to the Illinois IV. Incorporation by Reference
24, 2018. state implementation plan (SIP). The V. Statutory and Executive Order Reviews
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I. What is the background for this these changes to eliminate confusion precluded from obtaining judicial
action? and make it easier to identify specific review, as the time period to challenge
On May 30, 2017, Illinois submitted, excluded compounds in 35 IAC these EPA actions has passed. See
as a SIP revision, a request to revise and 211.7150(a). These changes did not alter Section 307(b) of the Clean Air Act
update the definition of VOC at Part the list of excluded compounds and are (CAA).
consistent with the Federal list of Nevertheless, EPA notes that it has
211, Subpart B, Section 7150 (35 IAC
excluded compounds in 40 CFR previously addressed the commenter’s
211.7150). Illinois also submitted
51.100(s). Finally, Illinois made a minor concerns in the preambles to the final
corrections to chemical names and
administrative change by deleting the rules referenced above. Those
revisions to chemical identifiers
words ‘‘of this Section’’ in 35 IAC documents discuss in great detail the
included in the list of compounds
211.7150(d), which discusses nature of VOCs, EPA’s approach to
excluded from the definition of VOC at
appropriate testing methods and organic compounds with a negligible
35 IAC 211.7150(a) and a minor deletion
includes a reference to subsection (b) of level of reactivity, the chemical
of an unnecessary phrase in 35 IAC
35 IAC 211.7150. characteristics of tertiary butyl acetate,
211.7150(d). On November 2, 2017, EPA published and the bases for EPA’s 2004 and 2016
The revision addresses an existing
a proposed rule approving Illinois’ decisions to exclude tertiary butyl
exemption related to defining tertiary
requested revision to the SIP at 35 IAC acetate from the definition of VOC and
butyl acetate as a VOC. Before this 211.7150 and providing a 30-day public remove the recordkeeping and emission
action, the Illinois SIP excluded this comment period. (82 FR 50853, reporting requirements related to
compound from the definition of VOC published in parallel with a Direct Final tertiary butyl acetate as a VOC.
for purposes of VOC emission Rule that was subsequently withdrawn,
limitations and VOC content see 82 FR 50811, 60545). III. What action is EPA taking?
requirements, but defined the EPA is approving, as a SIP revision,
compound as a VOC for all II. Public Comment Received and EPA’s the removal of the recordkeeping and
recordkeeping, emissions reporting, Response
emission reporting requirements
photochemical dispersion modeling and EPA received one adverse comment applicable to tertiary butyl acetate as a
inventory requirements that apply to on the proposed approval of the Illinois VOC at 35 IAC 211.7150(e), the addition
VOC. (69 FR 69298, November 29, definition of VOC. of chemical identification information
2004). This approach was consistent Comment: The commenter stated that for excluded compounds in 35 IAC
with EPA’s regulation of tertiary butyl EPA should not approve this SIP 211.7150(a), and the removal of the
acetate at the time this portion of the submission because EPA should not phrase ‘‘of this Section’’ in 35 IAC
SIP was originally approved. (64 FR have added tertiary butyl acetate to the 211.7150(d) contained in the May 30,
52731, September 30, 1999). list of exempted compounds, given that 2017, submittal.
On February 25, 2016, EPA it is a highly reactive and volatile
promulgated a final rule amending the compound. The commenter also IV. Incorporation by Reference
definition of VOC to remove the asserted that EPA should not have In this rule, EPA is finalizing
recordkeeping, emissions reporting, removed the reporting requirement regulatory text that includes
photochemical dispersion modeling and because EPA had previously required incorporation by reference. In
inventory requirements related to the recordkeeping and reporting so that it accordance with requirements of 1 CFR
use of tertiary butyl acetate as a VOC. could determine further restrictions. 51.5, EPA is finalizing the incorporation
(81 FR 9339, codified at 40 CFR The commenter further stated that ‘‘EPA by reference of the Illinois Regulations
51.100(s)). See 82 FR 50812 for a more should have enforced the reporting described in the amendments to 40 CFR
detailed summary of the basis for EPA’s requirement, analyised [sic] the data part 52 set forth below. EPA has made,
2016 rulemaking. In order to conform to and determined whether or not tertiary and will continue to make, these
EPA’s current definition, Illinois revised butyl acetate should be further documents generally available through
its definition of VOC to remove the regulated.’’ www.regulations.gov, and at the EPA
recordkeeping, emissions reporting, EPA’s Response: This comment is not Region 5 Office (please contact the
photochemical dispersion modeling and applicable to this action, which merely person identified in the FOR FURTHER
inventory requirements for tertiary butyl relies on EPA’s previous actions and did INFORMATION CONTACT section of this
acetate within the definition of VOC (35 not require a technical record preamble for more information).
IAC 211.7150). supporting exclusion of tertiary butyl Therefore, these materials have been
Additionally, Illinois amended the list acetate from the definition of VOC. approved by EPA for inclusion in the
of excluded compounds in 35 IAC The comment primarily concerns two State implementation plan, have been
211.7150 by adding the International separate EPA actions related to tertiary incorporated by reference by EPA into
Union of Pure and Applied Chemistry butyl acetate, the exclusion of the that plan, are fully federally enforceable
(IUPAC) names 1 and CAS registry compound from the definition of VOC under sections 110 and 113 of the CAA
numbers,2 and presenting common and the removal of related as of the effective date of the final
names parenthetically.3 Illinois made recordkeeping and reporting rulemaking of EPA’s approval, and will
requirements, which were taken in 2004 be incorporated by reference in the next
1 IUPAC has developed a recognized system of and 2016, respectively. See 69 FR 69298 update to the SIP compilation.4
nomenclature for chemical compounds. and 81 FR 9339. EPA provided public
2 Chemical Abstract Service (CAS) numbers are
comment periods for these actions and V. Statutory and Executive Order
sradovich on DSK3GMQ082PROD with RULES
developed by the American Chemical Society. CAS Reviews
numbers are in widespread use and provide clarity responded to any adverse comments
because a single CAS number identifies only one received as required by Federal law. In Under the CAA, the Administrator is
chemical isomer. addition, the comment relates to EPA’s required to approve a SIP submission
3 In Table 6 of Attachment 7 to Illinois’ submittal,
approval in July 16, 2008, of Illinois’ that complies with the provisions of the
Illinois lists the chemical compounds excluded
from the definition of VOC, using the designations
rule excluding tertiary butyl acetate as CAA and applicable Federal regulations.
by EPA, IUPAC names, CAS numbers, and a VOC (73 FR 40748). These are issues
commonly used alternative names for each. on which the commenter would be 4 62 FR 27968 (May 22, 1997).
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42 U.S.C. 7410(k); 40 CFR 52.02(a). • Is not subject to requirements of Under section 307(b)(1) of the CAA,
Thus, in reviewing SIP submissions, section 12(d) of the National petitions for judicial review of this
EPA’s role is to approve state choices, Technology Transfer and Advancement action must be filed in the United States
provided that they meet the criteria of Act of 1995 (15 U.S.C. 272 note) because Court of Appeals for the appropriate
the CAA. Accordingly, this action application of those requirements would circuit by July 23, 2018. Filing a petition
merely approves state law as meeting be inconsistent with the CAA; and for reconsideration by the Administrator
Federal requirements and does not • Does not provide EPA with the of this final rule does not affect the
impose additional requirements beyond discretionary authority to address, as finality of this action for the purposes of
those imposed by state law. For that appropriate, disproportionate human judicial review nor does it extend the
reason, this action: health or environmental effects, using time within which a petition for judicial
• Is not a significant regulatory action practicable and legally permissible review may be filed, and shall not
subject to review by the Office of methods, under Executive Order 12898 postpone the effectiveness of such rule
Management and Budget under (59 FR 7629, February 16, 1994). or action. This action may not be
Executive Orders 12866 (58 FR 51735, In addition, the SIP is not approved challenged later in proceedings to
October 4, 1993) and 13563 (76 FR 3821, to apply on any Indian reservation land enforce its requirements. (See section
January 21, 2011); or in any other area where EPA or an 307(b)(2)).
• Is not an Executive Order 13771 (82 Indian tribe has demonstrated that a
FR 9339, February 2, 2017) regulatory List of Subjects in 40 CFR Part 52
tribe has jurisdiction. In those areas of
action because SIP approvals are Indian country, the rule does not have Environmental protection, Air
exempted under Executive Order 12866. tribal implications and will not impose pollution control, Incorporation by
• Does not impose an information reference, Intergovernmental relations,
substantial direct costs on tribal
collection burden under the provisions Ozone, Reporting and recordkeeping
governments or preempt tribal law as
of the Paperwork Reduction Act (44 requirements, Volatile organic
specified by Executive Order 13175 (65
U.S.C. 3501 et seq.); compounds.
• Is certified as not having a FR 67249, November 9, 2000).
significant economic impact on a The Congressional Review Act, 5 Dated: May 10, 2018.
substantial number of small entities U.S.C. 801 et seq., as added by the Small Cathy Stepp,
under the Regulatory Flexibility Act (5 Business Regulatory Enforcement Regional Administrator, Region 5.
U.S.C. 601 et seq.); Fairness Act of 1996, generally provides
that before a rule may take effect, the 40 CFR part 52 is amended as follows:
• Does not contain any unfunded
mandate or significantly or uniquely agency promulgating the rule must
submit a rule report, which includes a PART 52—APPROVAL AND
affect small governments, as described PROMULGATION OF
in the Unfunded Mandates Reform Act copy of the rule, to each House of the
Congress and to the Comptroller General IMPLEMENTATION PLANS
of 1995 (Pub. L. 104–4);
• Does not have Federalism of the United States. EPA will submit a
■ 1. The authority citation for part 52
implications as specified in Executive report containing this action and other
continues to read as follows:
Order 13132 (64 FR 43255, August 10, required information to the U.S. Senate,
1999); the U.S. House of Representatives, and Authority: 42 U.S.C. 7401 et seq.
• Is not an economically significant the Comptroller General of the United ■ 2. In § 52.720, the table in paragraph
regulatory action based on health or States prior to publication of the rule in (c) is amended by revising the entry
safety risks subject to Executive Order the Federal Register. A major rule ‘‘211.7150’’ to read as follows:
13045 (62 FR 19885, April 23, 1997); cannot take effect until 60 days after it
• Is not a significant regulatory action is published in the Federal Register. § 52.720 Identification of plan.
subject to Executive Order 13211 (66 FR This action is not a ‘‘major rule’’ as * * * * *
28355, May 22, 2001); defined by 5 U.S.C. 804(2). (c) * * *
EPA-APPROVED ILLINOIS REGULATIONS AND STATUTES
State
Illinois citation Title/subject effective EPA approval date Comments
date
* * * * * * *
Part 211: Definitions and General Provisions
* * * * * * *
Subpart B: Definitions
* * * * * * *
sradovich on DSK3GMQ082PROD with RULES
211.7150 .................... Volatile Organic Material (VOM) Or 1/23/2017 5/24/2018, [insert Federal Register ci-
Volatile Organic Compound (VOC). tation].
* * * * * * *
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![Federal Register / Vol. 83, No. 101 / Thursday, May 24, 2018 / Rules and Regulations 24033
* * * * * State Implementation Plan (SIP). This Publicly available docket materials are
[FR Doc. 2018–11068 Filed 5–23–18; 8:45 am] revision concerns the emissions of available through https://
BILLING CODE 6560–50–P volatile organic compounds (VOCs) www.regulations.gov, or please contact
from motor vehicle assembly coating the person identified in the FOR FURTHER
operations. We are approving a local INFORMATION CONTACT section for
ENVIRONMENTAL PROTECTION rule to regulate these emission sources additional availability information.
AGENCY under the Clean Air Act (CAA or the FOR FURTHER INFORMATION CONTACT:
Act).
40 CFR Part 52 Arnold Lazarus, EPA Region IX, (415)
DATES: This rule will be effective on 972–3024, lazarus.arnold@epa.gov.
[EPA–R09–OAR–2017–0760; FRL–9977– June 25, 2018.
86—Region 9] SUPPLEMENTARY INFORMATION:
ADDRESSES: The EPA has established a
Throughout this document, ‘‘we,’’ ‘‘us’’
docket for this action under Docket ID and ‘‘our’’ refer to the EPA.
Approval of California Air Plan
No. EPA–R09–OAR–2017–0760. All
Revisions, Antelope Valley Air Quality
documents in the docket are listed on Table of Contents
Management District
the https://www.regulations.gov I. Proposed Action
AGENCY: Environmental Protection website. Although listed in the index, II. Public Comments and EPA Responses
Agency (EPA). some information is not publicly III. EPA Action
ACTION: Final rule. available, e.g., Confidential Business IV. Incorporation by Reference
Information or other information whose V. Statutory and Executive Order Reviews
SUMMARY: The Environmental Protection disclosure is restricted by statute. I. Proposed Action
Agency (EPA) is taking final action to Certain other material, such as
approve a revision to the Antelope copyrighted material, is not placed on On March 19, 2018 (83 FR 11944), the
Valley Air Quality Management District the internet and will be publicly EPA proposed to approve the following
(AVAQMD) portion of the California available only in hard copy form. rule into the California SIP.
TABLE 1—SUBMITTED RULE
Local agency Rule No. Rule title Adopted Submitted
AVAQMD ................................ 1151.1 Motor Vehicle Assembly Coating Operations ........................ 6/20/2017 8/9/2017
We proposed to approve this rule III. EPA Action they meet the criteria of the Clean Air
because we determined that it complies No comments were submitted that Act. Accordingly, this action merely
with the relevant CAA requirements. changed our assessment of the rule as approves state law as meeting Federal
Our proposed action contains more described in our proposed action. requirements and does not impose
information on the rule and our Therefore, as authorized in section additional requirements beyond those
evaluation. 110(k)(3) of the Act, the EPA is fully imposed by state law. For that reason,
approving this rule into the California this action:
II. Public Comments and EPA • Is not a significant regulatory action
Responses SIP.
subject to review by the Office of
IV. Incorporation by Reference Management and Budget under
The EPA’s proposed action provided
a 30-day public comment period. During In this rule, the EPA is finalizing Executive Orders 12866 (58 FR 51735,
this period, we received six comments. regulatory text that includes October 4, 1993) and 13563 (76 FR 3821,
incorporation by reference. In January 21, 2011);
One comment noted that the rule
focuses specifically on ‘‘motor vehicle accordance with requirements of 1 CFR • Is not an Executive Order 13771 (82
51.5, the EPA is finalizing the FR 9339, February 2, 2017) regulatory
assembly coating operations,’’ and
incorporation by reference of the action because SIP approvals are
stated that it should include all
AVAQMD rule described in the exempted under Executive Order 12866;
components of the car manufacturing amendments to 40 CFR part 52 set forth
process, in order to address issues • Does not impose an information
below. The EPA has made, and will collection burden under the provisions
related to climate change. Rule 1151.1 is continue to make, these documents
intended to control VOC emissions from of the Paperwork Reduction Act (44
available through www.regulations.gov U.S.C. 3501 et seq.);
a specific type of operation, and as such, and at the EPA Region IX Office (please
we believe that the rule is appropriate • Is certified as not having a
contact the person identified in the FOR
in scope and stringency. For the reasons significant economic impact on a
FURTHER INFORMATION CONTACT section of
addressed in the proposal, the EPA has substantial number of small entities
this preamble for more information).
determined that the rule is consistent under the Regulatory Flexibility Act
with applicable CAA requirements and V. Statutory and Executive Order (5 U.S.C. 601 et seq.);
appropriate for inclusion in the SIP.
Reviews • Does not contain any unfunded
Under the Clean Air Act, the mandate or significantly or uniquely
The other five comments raised issues
sradovich on DSK3GMQ082PROD with RULES
Administrator is required to approve a affect small governments, as described
outside the scope of this rulemaking, in the Unfunded Mandates Reform Act
SIP submission that complies with the
including bird and bat deaths associated of 1995 (Pub. L, 104–4);
provisions of the Act and applicable
with wind turbines and the risks of
Federal regulations. 42 U.S.C. 7410(k); • Does not have Federalism
unmanaged forests and wildfires. None 40 CFR 52.02(a). Thus, in reviewing SIP implications as specified in Executive
of those comments are germane to our submissions, the EPA’s role is to Order 13132 (64 FR 43255, August 10,
evaluation of Rule 1151.1. approve state choices, provided that 1999);
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Document Created: 2018-05-24 00:05:24
Document Modified: 2018-05-24 00:05:24
| 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 | Final rule. | |
| Dates | This final rule is effective on June 25, 2018. | |
| Contact | Charles Hatten, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-3031, [email protected] | |
| FR Citation | 83 FR 24030 | |
| 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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