Approval and Promulgation of Air Quality Implementation Plans; Illinois, 74250-74252 [E7-25405]
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74250
Federal Register / Vol. 72, No. 249 / Monday, December 31, 2007 / Proposed Rules
§ 401.83 Reporting position at anchor,
wharf, etc.
A vessel anchoring in a designated
anchorage area, or elsewhere, and a
vessel mooring at a wharf or dock, tyingup to a canal bank or being held on a
canal bank in any manner shall
immediately report its position to the
traffic controller and it shall not resume
its voyage without the traffic controller’s
permission.
Issued at Washington, DC, on December 21,
2007.
Saint Lawrence Seaway Development
Corporation.
Collister Johnson, Jr.,
Administrator.
[FR Doc. E7–25340 Filed 12–28–07; 8:45 am]
BILLING CODE 4910–61–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2006–0003; FRL–8512–5]
Approval and Promulgation of Air
Quality Implementation Plans; Illinois
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
mstockstill on PROD1PC66 with PROPOSALS
AGENCY:
SUMMARY: EPA is proposing disapproval
of a revision to the Illinois Ozone State
Implementation Plan (SIP). On August
17, 2005, Illinois requested that five
compounds be added to its list of
compounds exempt from being
considered a volatile organic compound
(VOC). EPA no longer considers four of
the compounds to be VOCs because the
compounds were shown to be negligibly
photochemically reactive. Thus, the
compounds do not lead to ozone
formation. For the fifth compound, tbutyl acetate, EPA determined that it is
not considered a VOC for emission
limits and VOC content requirements,
but it is considered a VOC for
recordkeeping, emission reporting, and
inventory requirements. Illinois has
indicated it is correcting the restrictions
on t-butyl acetate. Consequently, EPA is
alternatively proposing approval of the
SIP revisions if t-butyl acetate is
removed from the list of compounds
exempt from being considered VOC or
if the special requirements for t-butyl
acetate are clearly indicated. Illinois
must submit the supporting
documentation during the comment
period for this rule.
DATES: Comments must be received on
or before January 30, 2008.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
VerDate Aug<31>2005
17:27 Dec 28, 2007
Jkt 214001
OAR–2006–0003, by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: mooney.john@epa.gov.
3. Fax: (312)886–5824.
4. Mail: John M. Mooney, Chief,
Criteria Pollutant Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: John M. Mooney,
Chief, Criteria Pollutant Section, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, Chicago,
Illinois 60604. Such deliveries are only
accepted during the Regional Office
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information. The
Regional Office official hours of
business are Monday through Friday,
8:30 a.m. to 4:30 p.m. excluding Federal
holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2006–
0003. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or e-mail. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an e-mail
comment directly to EPA without going
through www.regulations.gov, your email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses. For additional instructions
on submitting comments, go to Section
I of the SUPPLEMENTARY INFORMATION
section of this document.
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Fmt 4702
Sfmt 4702
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This Facility is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. We recommend that you
telephone Matt Rau, Environmental
Engineer, (312) 886–6524 before visiting
the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Matt
Rau, Environmental Engineer, Criteria
Pollutant Section, Air Programs Branch
(AR–18J), Environmental Protection
Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,
(312) 886–6524, rau.matthew@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 Should I Consider as I Prepare My
Comments for EPA?
II. What Revisions Did the State Request?
III. What Is EPA’s Analysis of the Revisions?
IV. What Action Is EPA Taking Today?
V. Statutory and Executive Order Reviews
I. What Should I Consider as I Prepare
My Comments for EPA?
When submitting comments,
remember to:
1. Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
2. Follow directions—The EPA may
ask you to respond to specific questions
or organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
3. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
4. Describe any assumptions and
provide any technical information and/
or data that you used.
5. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
6. Provide specific examples to
illustrate your concerns, and suggest
alternatives.
E:\FR\FM\31DEP1.SGM
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Federal Register / Vol. 72, No. 249 / Monday, December 31, 2007 / Proposed Rules
7. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
8. Make sure to submit your
comments by the comment period
deadline identified.
mstockstill on PROD1PC66 with PROPOSALS
II. What Revisions Did the State
Request?
Illinois requested revisions to its
ozone SIP which would add five
compounds from the list of compounds
considered to not be VOC. The State
requested the compounds 1,1,1,2,2,3,3heptafluoro-3-methoxypropane (nC3F7OCH3), 3-ethoxy
1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2(trifluoromethyl)hexane (HFE–7500),
1,1,1,2,3,3,3-heptafluoropropane (HFC–
227ea), methyl formate, and t-butyl
acetate be added to its list of
compounds exempt from VOC
requirements. Illinois also requested the
addition of special requirements for tbutyl acetate. The compound, t-butyl
acetate, will be considered VOC for
recordkeeping, emissions reporting,
modeling, and inventory requirements,
but is not considered VOC for emission
limits or content requirements. The
special restrictions on t-butyl acetate are
listed in a separate section from the
listing of compounds exempt from being
considered VOCs.
III. What Is EPA’s Analysis of the
Revisions?
EPA added four compounds, nC3F7OCH3, HFE–7500, HFC–227ea, and
methyl formate, to its list of compounds
exempt from VOC requirements on
November 29, 2004 (69 FR 69290). EPA
also provided special requirements for tbutyl acetate users in a separate
November 29, 2004, action (69 FR
69298). Users of t-butyl acetate still
must follow the recordkeeping,
emissions reporting, modeling, and
inventory requirements. However, tbutyl acetate is not considered a VOC
for content requirements and emission
limits.
Illinois added the four compounds
from the EPA plus t-butyl acetate to
Title 35 of the Illinois Administration
Code Section 211.7150(a), its list of
compounds exempt from VOC
requirements. It also added Section
211.7150(e), which provides the same
unique requirements for t-butyl acetate
users as the EPA action did. It is not
appropriate for t-butyl acetate to be
listed in 211.7150(a) because this
compound is not exempt from all VOC
requirements as are the other
compounds listed there. It should be
listed in 211.7150(e) only, so the unique
requirements for t-butyl acetate are
clear. This would follow the approach
VerDate Aug<31>2005
17:27 Dec 28, 2007
Jkt 214001
74251
EPA took in making these revisions to
the Federal definition of VOC through
separate actions.
EPA would find the requested
revisions approvable if Illinois removes
t-butyl acetate from the list of
compounds exempt from VOC
requirements in 211.7150(a). This
would leave it listed only under
211.7150(e) which makes it clear what
requirements apply to t-butyl acetate
users. EPA would also find it acceptable
for Illinois to add a note to section
211.7150(a) that certain compounds
listed in section 211.7150(a) are subject
to the requirements of 211.7150(e). This
would direct t-butyl acetate users to
section 211.7150(e) where the special
requirements for this compound are
stated.
requirements and imposes no additional
requirements beyond those imposed by
state law. Accordingly, the
Administrator certifies that this
proposed rule will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.).
IV. What Action Is EPA Taking Today?
EPA is proposing disapproval of the
requested ozone revisions to the Illinois
SIP. In the alternative, EPA is proposing
approval of ozone revisions to the
Illinois SIP if a correction is made to
Title 35 of the Illinois Administration
Code Section 211.7150(a) to remove tbutyl acetate from the list of compounds
exempt from VOC regulations or if it is
clearly stated that t-butyl acetate is
subject to the requirements of section
211.7150(e). Illinois must submit the
supporting documentation of the
correction during the comment period
for this rule for the alternative, proposed
approval to be considered. Illinois has
proposed adding language to section
211.7150(a) that states some compounds
listed in that section must also follow
the restrictions in section 211.7150(e).
EPA finds this language acceptable. If
Illinois submits the final state rule with
language of the proposed state rule, this
action should be considered a proposed
approval.
Executive Order 13132: Federalism
This action also does not have
Federalism implications because it does
not have substantial direct effects on the
states, on the relationship between the
national government and the states, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
proposes to approve a State rule
implementing a Federal standard, and
does not alter the relationship or the
distribution of power and
responsibilities established in the Clean
Air Act.
VI. Statutory and Executive Order
Reviews
Executive Order 12866: Regulatory
Planning and Review
Under Executive Order 12866 (58 FR
51735, September 30, 1993), this action
is not a ‘‘significant regulatory action’’
and, therefore, is not subject to review
by the Office of Management and
Budget.
Paperwork Reduction Act
This proposed rule does not impose
an information collection burden under
the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Regulatory Flexibility Act
This proposed action merely proposes
to approve state law as meeting Federal
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Unfunded Mandates Reform Act
Because this rule proposes to approve
pre-existing requirements under State
law and does not impose any additional
enforceable duty beyond that required
by State law, it 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).
Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This proposed rule also does not have
tribal implications because it will not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000).
Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
This proposed rule also is not subject
to Executive Order 13045 ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because it proposes
approval of a state rule implementing a
Federal Standard.
Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
Because it is not a ‘‘significant
regulatory action’’ under Executive
E:\FR\FM\31DEP1.SGM
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74252
Federal Register / Vol. 72, No. 249 / Monday, December 31, 2007 / Proposed Rules
Order 12866 or a ‘‘significant regulatory
action,’’ this action is also not subject to
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001).
National Technology Transfer
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (NTTAA), 15 U.S.C. 272,
requires Federal agencies to use
technical standards that are developed
or adopted by voluntary consensus to
carry out policy objectives, so long as
such standards are not inconsistent with
applicable law or otherwise impractical.
In reviewing SIP submissions, EPA’s
role is to approve State choices,
provided that they meet the criteria of
the Clean Air Act. Absent a prior
existing requirement for the state to use
voluntary consensus standards, EPA has
no authority to disapprove a SIP
submission for failure to use such
standards, and it would thus be
inconsistent with applicable law for
EPA to use voluntary consensus
standards in place of a program
submission that otherwise satisfies the
provisions of the Clean Air Act.
Therefore, the requirements of section
12(d) of the NTTAA do not apply.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: December 18, 2007.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. E7–25405 Filed 12–28–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–R06–OAR–2007–0554; FRL–8512–6]
mstockstill on PROD1PC66 with PROPOSALS
Clean Air Act Reclassification of the
Houston/Galveston/Brazoria Ozone
Nonattainment Area; Texas; Proposed
Rule
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA proposes to grant a
request by the Governor of the State of
Texas to voluntarily reclassify the
Houston/Galveston/Brazoria (HGB)
VerDate Aug<31>2005
17:27 Dec 28, 2007
Jkt 214001
ozone nonattainment area from a
moderate 8-hour ozone nonattainment
area to a severe 8-hour ozone
nonattainment area. This request was
made in a letter from Governor Rick
Perry to the EPA Administrator on June
15, 2007. In addition to the
reclassification proposal, EPA is also
proposing and taking comment on a
range of dates from December 15, 2008
to April 15, 2010 for the State to submit
a revised State Implementation Plan
(SIP) addressing the severe ozone
nonattainment area requirements of the
Clean Air Act (CAA).
EPA will accept comments on all
aspects of this proposed action.
However, as discussed in Section II
below, the CAA mandates the Agency to
grant a voluntary reclassification when
requested by a State.
DATES: Written comments must be
received on or before January 30, 2008.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2007–0554, by one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• EPA Region 6 ‘‘Contact Us’’ Web
site: https://epa.gov/region6/
r6coment.htm. Please click on ‘‘6PD’’
(Multimedia) and select ‘‘Air’’ before
submitting comments.
• E-mail: Mr. Guy Donaldson at
donaldson.guy@epa.gov.
• Fax: Mr. Guy Donaldson, Chief, Air
Planning Section (6PD–L), at fax
number 214–665–7263.
• Mail: Mr. Guy Donaldson, Chief,
Air Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 1200, Dallas, Texas
75202–2733.
• Hand or Courier Delivery: Mr. Guy
Donaldson, Chief, Air Planning Section
(6PD–L), Environmental Protection
Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202–2733. Such
deliveries are accepted only between the
hours of 8 a.m. and 4 p.m. weekdays
except for legal holidays. Special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R06–OAR–2007–
0554. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
PO 00000
Frm 00044
Fmt 4702
Sfmt 4702
consider to be CBI or otherwise
protected through www.regulations.gov
or e-mail. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an e-mail
comment directly to EPA without going
through www.regulations.gov your email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Air Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas
75202–2733. The file will be made
available by appointment for public
inspection in the Region 6 FOIA Review
Room between the hours of 8:30 a.m.
and 4:30 p.m. weekdays except for legal
holidays. Contact the person listed in
the FOR FURTHER INFORMATION CONTACT
paragraph below or Mr. Bill Deese at
214–665–7253 to make an appointment.
If possible, please make the
appointment at least two working days
in advance of your visit. There will be
a 15 cent per page fee for making
photocopies of documents. On the day
of the visit, please check in at the EPA
Region 6 reception area at 1445 Ross
Avenue, Suite 700, Dallas, Texas.
Carl
Young, Air Planning Section (6PD–L),
Environmental Protection Agency,
Region 6, 1445 Ross Avenue, Suite 700,
Dallas, Texas 75202–2733, telephone
(214) 665–6645; fax number 214–665–
7263; e-mail address
young.carl@epa.gov.
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\31DEP1.SGM
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Agencies
[Federal Register Volume 72, Number 249 (Monday, December 31, 2007)]
[Proposed Rules]
[Pages 74250-74252]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-25405]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2006-0003; FRL-8512-5]
Approval and Promulgation of Air Quality Implementation Plans;
Illinois
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing disapproval of a revision to the Illinois
Ozone State Implementation Plan (SIP). On August 17, 2005, Illinois
requested that five compounds be added to its list of compounds exempt
from being considered a volatile organic compound (VOC). EPA no longer
considers four of the compounds to be VOCs because the compounds were
shown to be negligibly photochemically reactive. Thus, the compounds do
not lead to ozone formation. For the fifth compound, t-butyl acetate,
EPA determined that it is not considered a VOC for emission limits and
VOC content requirements, but it is considered a VOC for recordkeeping,
emission reporting, and inventory requirements. Illinois has indicated
it is correcting the restrictions on t-butyl acetate. Consequently, EPA
is alternatively proposing approval of the SIP revisions if t-butyl
acetate is removed from the list of compounds exempt from being
considered VOC or if the special requirements for t-butyl acetate are
clearly indicated. Illinois must submit the supporting documentation
during the comment period for this rule.
DATES: Comments must be received on or before January 30, 2008.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2006-0003, by one of the following methods:
1. https://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: mooney.john@epa.gov.
3. Fax: (312)886-5824.
4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal
holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2006-0003. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or e-mail.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
instructions on submitting comments, go to Section I of the
SUPPLEMENTARY INFORMATION section of this document.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This Facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. We
recommend that you telephone Matt Rau, Environmental Engineer, (312)
886-6524 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer,
Criteria Pollutant Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-6524, rau.matthew@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 Should I Consider as I Prepare My Comments for EPA?
II. What Revisions Did the State Request?
III. What Is EPA's Analysis of the Revisions?
IV. What Action Is EPA Taking Today?
V. Statutory and Executive Order Reviews
I. What Should I Consider as I Prepare My Comments for EPA?
When submitting comments, remember to:
1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
2. Follow directions--The EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
4. Describe any assumptions and provide any technical information
and/or data that you used.
5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
[[Page 74251]]
7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
8. Make sure to submit your comments by the comment period deadline
identified.
II. What Revisions Did the State Request?
Illinois requested revisions to its ozone SIP which would add five
compounds from the list of compounds considered to not be VOC. The
State requested the compounds 1,1,1,2,2,3,3-heptafluoro-3-
methoxypropane (n-C3F7OCH3), 3-ethoxy
1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl)hexane (HFE-
7500), 1,1,1,2,3,3,3-heptafluoropropane (HFC-227ea), methyl formate,
and t-butyl acetate be added to its list of compounds exempt from VOC
requirements. Illinois also requested the addition of special
requirements for t-butyl acetate. The compound, t-butyl acetate, will
be considered VOC for recordkeeping, emissions reporting, modeling, and
inventory requirements, but is not considered VOC for emission limits
or content requirements. The special restrictions on t-butyl acetate
are listed in a separate section from the listing of compounds exempt
from being considered VOCs.
III. What Is EPA's Analysis of the Revisions?
EPA added four compounds, n-
C3F7OCH3, HFE-7500, HFC-227ea, and
methyl formate, to its list of compounds exempt from VOC requirements
on November 29, 2004 (69 FR 69290). EPA also provided special
requirements for t-butyl acetate users in a separate November 29, 2004,
action (69 FR 69298). Users of t-butyl acetate still must follow the
recordkeeping, emissions reporting, modeling, and inventory
requirements. However, t-butyl acetate is not considered a VOC for
content requirements and emission limits.
Illinois added the four compounds from the EPA plus t-butyl acetate
to Title 35 of the Illinois Administration Code Section 211.7150(a),
its list of compounds exempt from VOC requirements. It also added
Section 211.7150(e), which provides the same unique requirements for t-
butyl acetate users as the EPA action did. It is not appropriate for t-
butyl acetate to be listed in 211.7150(a) because this compound is not
exempt from all VOC requirements as are the other compounds listed
there. It should be listed in 211.7150(e) only, so the unique
requirements for t-butyl acetate are clear. This would follow the
approach EPA took in making these revisions to the Federal definition
of VOC through separate actions.
EPA would find the requested revisions approvable if Illinois
removes t-butyl acetate from the list of compounds exempt from VOC
requirements in 211.7150(a). This would leave it listed only under
211.7150(e) which makes it clear what requirements apply to t-butyl
acetate users. EPA would also find it acceptable for Illinois to add a
note to section 211.7150(a) that certain compounds listed in section
211.7150(a) are subject to the requirements of 211.7150(e). This would
direct t-butyl acetate users to section 211.7150(e) where the special
requirements for this compound are stated.
IV. What Action Is EPA Taking Today?
EPA is proposing disapproval of the requested ozone revisions to
the Illinois SIP. In the alternative, EPA is proposing approval of
ozone revisions to the Illinois SIP if a correction is made to Title 35
of the Illinois Administration Code Section 211.7150(a) to remove t-
butyl acetate from the list of compounds exempt from VOC regulations or
if it is clearly stated that t-butyl acetate is subject to the
requirements of section 211.7150(e). Illinois must submit the
supporting documentation of the correction during the comment period
for this rule for the alternative, proposed approval to be considered.
Illinois has proposed adding language to section 211.7150(a) that
states some compounds listed in that section must also follow the
restrictions in section 211.7150(e). EPA finds this language
acceptable. If Illinois submits the final state rule with language of
the proposed state rule, this action should be considered a proposed
approval.
VI. Statutory and Executive Order Reviews
Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, September 30, 1993), this
action is not a ``significant regulatory action'' and, therefore, is
not subject to review by the Office of Management and Budget.
Paperwork Reduction Act
This proposed rule does not impose an information collection burden
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.).
Regulatory Flexibility Act
This proposed action merely proposes to approve state law as
meeting Federal requirements and imposes no additional requirements
beyond those imposed by state law. Accordingly, the Administrator
certifies that this proposed rule will not have a significant economic
impact on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.).
Unfunded Mandates Reform Act
Because this rule proposes to approve pre-existing requirements
under State law and does not impose any additional enforceable duty
beyond that required by State law, it 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).
Executive Order 13132: Federalism
This action also does not have Federalism implications because it
does not have substantial direct effects on the states, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely proposes to approve a State rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act.
Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments
This proposed rule also does not have tribal implications because
it will not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes, as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000).
Executive Order 13045: Protection of Children From Environmental Health
and Safety Risks
This proposed rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it proposes approval of
a state rule implementing a Federal Standard.
Executive Order 13211: Actions That Significantly Affect Energy Supply,
Distribution, or Use
Because it is not a ``significant regulatory action'' under
Executive
[[Page 74252]]
Order 12866 or a ``significant regulatory action,'' this action is also
not subject to Executive Order 13211, ``Actions Concerning Regulations
That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001).
National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), 15 U.S.C. 272, requires Federal agencies to use
technical standards that are developed or adopted by voluntary
consensus to carry out policy objectives, so long as such standards are
not inconsistent with applicable law or otherwise impractical. In
reviewing SIP submissions, EPA's role is to approve State choices,
provided that they meet the criteria of the Clean Air Act. Absent a
prior existing requirement for the state to use voluntary consensus
standards, EPA has no authority to disapprove a SIP submission for
failure to use such standards, and it would thus be inconsistent with
applicable law for EPA to use voluntary consensus standards in place of
a program submission that otherwise satisfies the provisions of the
Clean Air Act. Therefore, the requirements of section 12(d) of the
NTTAA do not apply.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: December 18, 2007.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. E7-25405 Filed 12-28-07; 8:45 am]
BILLING CODE 6560-50-P