Approval and Promulgation of Air Quality Implementation Plans; IL, 23196-23198 [2011-10027]
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23196
Federal Register / Vol. 76, No. 80 / Tuesday, April 26, 2011 / Rules and Regulations
L. Technical Standards
The National Technology Transfer
and Advancement Act (15 U.S.C. 272
note) directs agencies to use voluntary
consensus standards in their regulatory
activities unless the agency provides
Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards, nor is the Coast Guard aware
of the existence of any standards that
address these TSSs. Therefore, we did
not consider the use of voluntary
consensus standards.
M. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded under section 2.B.2, figure
2–1, paragraph (34)(i) of the Instruction.
This rule involves navigational aids,
which include TSSs. An environmental
analysis checklist and a categorical
exclusion determination are available in
the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 167
mstockstill on DSKH9S0YB1PROD with RULES
Harbors, Marine safety, Navigation
(water), Waterways.
Accordingly, the interim rule
amending 33 CFR part 167, subpart B,
which was published at 75 FR 77529 on
December 13, 2010, is adopted as a final
rule.
Dated: April 4, 2011.
Dana A. Goward,
U.S. Coast Guard, Director of Marine
Transportation Systems Management.
[FR Doc. 2011–9892 Filed 4–25–11; 8:45 am]
BILLING CODE 9110–04–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2010–0946; FRL–9294–7]
Approval and Promulgation of Air
Quality Implementation Plans; IL
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is approving a revision to
the Illinois State Implementation Plan
(SIP) for ozone. The State is revising its
definition of volatile organic compound
(VOC) to add two chemical compounds
to the list of compounds that are exempt
from being considered a VOC. This
revision is based on EPA’s 2009
determination that these two
compounds do not significantly
contribute to ozone formation.
DATES: This direct final rule will be
effective June 27, 2011, unless EPA
receives adverse comments by May 26,
2011. 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–2010–0946, by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: aburano.douglas@epa.gov.
3. Fax: (312) 408–2279.
4. Mail: Douglas Aburano, Chief,
Control Strategies Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Douglas Aburano,
Chief, Control Strategies Section, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, Chicago,
Illinois 60604. Such deliveries are only
accepted during the Regional Office
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information. The
Regional Office official hours of
business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2010–
0946. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
SUMMARY:
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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 https://
www.regulations.gov or e-mail. The
https://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 https://
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.
Docket: All documents in the docket
are listed in the https://
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 https://
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone 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) 886–6031,
hatten.charles@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
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Federal Register / Vol. 76, No. 80 / Tuesday, April 26, 2011 / Rules and Regulations
EPA. This supplementary information
section is arranged as follows:
I. What is the background for this action?
A. When did the State submit the SIP
revision to EPA?
B. Did Illinois hold public hearings on this
SIP revision?
II. What is EPA approving?
III. What is EPA’s analysis of the SIP
revision?
IV. What action is EPA taking today?
V. Statutory and Executive Order Reviews
I. What is the background for this
action?
A. When did the State submit the SIP
revision to EPA?
The Illinois Environmental Protection
Agency (Illinois EPA) submitted a
revision of the Illinois SIP provision at
35 Illinois Administrative Code (IAC)
211.7150(a) to EPA for approval on
October 25, 2010. The SIP revision at 35
IAC 211.7150(a) updates the definition
of ‘‘volatile organic material (VOM) or
volatile organic compound (VOC).’’
B. Did Illinois hold public hearings on
this SIP revision?
The Illinois Pollution Control Board
held a public hearing on the proposed
SIP revision on November 19, 2009. The
Board received public comments only
from Illinois EPA; these comments were
in support of the proposed revision.
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II. What is EPA approving?
EPA is approving an Illinois SIP
revision that adds to the list of
compounds that are exempt from being
considered a VOM or VOC. On October
25, 2010, Illinois EPA submitted its
revision to Title 35 of IAC 211.7150(a),
the state’s VOC exemption list, with the
addition of two chemical compounds—
propylene carbonate and dimethyl
carbonate, requesting that this revised
rule be incorporated into the Illinois SIP
in place of the current 35 IAC
211.7150(a). Compounds listed under 35
IAC 211.7150(a) are excluded from the
definition of a VOM or VOC. Illinois
EPA took this action based on EPA’s
determination that these compounds
have negligible photochemical
reactivity. (See 74 FR 3437, January 20,
2009.)
III. What is EPA’s analysis of the SIP
revision?
In 2009, EPA evaluated petitions
submitted by manufacturers asking EPA
to exempt propylene carbonate and
dimethyl carbonate from the definition
of VOC and determined that the level of
reactivity of these two chemical
compounds is negligible. EPA
concluded that these two compounds
make a negligible contribution to
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tropospheric ozone formation (74 FR
3437, Jan. 21, 2009). Therefore, on
January 21, 2009, EPA amended 40 CFR
51.100(s)(1) to exclude propylene
carbonate and dimethyl carbonate from
the definition of VOC for purposes of
preparing SIPs to attain the national
ambient air quality standard for ozone
under Title I of the Clean Air Act
(74 FR 3437). EPA’s action became
effective on February 20, 2009. Illinois
EPA’s SIP revision is consistent with
EPA’s action amending EPA’s definition
of VOC at 40 CFR 51.100(s).
IV. What action is EPA taking today?
EPA is approving a revision to the
Illinois SIP for ozone which is
consistent with EPA’s 2009 action
revising the definition of VOC. The
Illinois SIP revision adds propylene
carbonate and dimethyl carbonate
compounds to the list of compounds
considered exempt from being a VOC
compound at 35 IAC 211.7150(a).
We are publishing this action without
prior proposal because we view this as
a noncontroversial amendment and
anticipate no adverse comments.
However, in the proposed rules section
of this Federal Register publication, we
are publishing a separate document that
will serve as the proposal to approve the
state plan if relevant adverse written
comments are filed. This rule will be
effective June 27, 2011 without further
notice unless we receive relevant
adverse written comments by May 26,
2011. 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. The 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 June 27, 2011.
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Clean Air Act and
applicable Federal regulations. 42
U.S.C. 7410(k); 40 CFR 52.02(a). Thus,
in reviewing SIP submissions, EPA’s
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23197
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. Accordingly, this
action merely approves state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act
(44 U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
Tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on Tribal governments or preempt
Tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
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Federal Register / Vol. 76, No. 80 / Tuesday, April 26, 2011 / Rules and Regulations
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 Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by June 27, 2011.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone, Volatile organic
compound.
Dated: April 4, 2011.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart O—Illinois
2. Section 52.720 is amended by
adding paragraph (c)(187) to read as
follows:
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■
§ 52.720
Identification of plan.
*
*
*
*
*
(c) * * *
(187) On October 25, 2010, Illinois
submitted revised regulations that are
consistent with 40 CFR 51.100(s)(1), as
amended by 74 FR 3437. The
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compounds propylene carbonate and
dimethyl were added to the list of
negligibly reactive compounds excluded
from the definition of VOC in 35 IAC
211.7150(a).
(i) Incorporation by reference. Illinois
Administrative Code Title 35:
Environmental Protection, Part 211:
Definitions and General Provisions,
Section 211.7150: Volatile Organic
Matter (VOM) or Volatile Organic
Compound (VOC), Subsection
211.7150(a). Effective January 11, 2010.
[FR Doc. 2011–10027 Filed 4–25–11; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Parts 2090 and 2800
[WO 300–1430–PQ]
RIN 1004–AE19
Segregation of Lands—Renewable
Energy
Bureau of Land Management,
Interior.
ACTION: Notice of interim temporary
final rule and opportunity to comment.
AGENCY:
The Bureau of Land
Management (BLM) is issuing this
interim temporary final rule (Interim
Rule) to amend the BLM’s regulations
found in 43 CFR parts 2090 and 2800 by
adding provisions allowing the BLM to
temporarily segregate from the operation
of the public land laws, by publication
of a Federal Register notice, public
lands included in a pending or future
wind or solar energy generation right-ofway (ROW) application, or public lands
identified by the BLM for a potential
future wind or solar energy generation
ROW authorization under the BLM’s
ROW regulations, in order to promote
the orderly administration of the public
lands. If segregated under this rule, such
lands will not be subject to
appropriation under the public land
laws, including location under the
Mining Law of 1872 (Mining Law), but
not the Mineral Leasing Act of 1920
(Mineral Leasing Act) or the Materials
Act of 1947 (Materials Act), subject to
valid existing rights, for a period of up
to 2 years. This Interim Rule is effective
immediately upon publication in the
Federal Register for a period not to
exceed 2 years after publication, but
public comments received within 60
days of the publication of this rule will
be considered by the BLM. Any
necessary changes will be made to the
Interim Rule. The BLM is also
SUMMARY:
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publishing in today’s Federal Register a
proposed rule that would make this
segregation authority permanent. At the
completion of the notice and comment
rulemaking process for the proposed
rule, or at the end of 2 years, whichever
occurs first, this Interim Rule will
expire.
DATES: Effective date: The Interim Rule
is effective April 26, 2011 through April
26, 2013.
Comment deadline: You should
submit your comments on the Interim
Rule on or before June 27, 2011. The
BLM need not consider, or include in
the administrative record for the Interim
Rule, comments that the BLM receives
after the close of the comment period or
comments delivered to an address other
than those listed below (see ADDRESSES).
ADDRESSES: Mail: Director (630), Bureau
of Land Management, U.S. Department
of the Interior, 1849 C St., NW.,
Washington, DC 20240, Attention:
1004–AE19. Personal or messenger
delivery: U.S. Department of the
Interior, Bureau of Land Management,
20 M Street, SE., Room 2134LM,
Attention: Regulatory Affairs,
Washington, DC 20003. Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions at this Web site.
FOR FURTHER INFORMATION CONTACT: Ray
Brady at (202) 912–7312 or the Division
of Lands, Realty, and Cadastral Survey
at (202) 912–7350 for information
relating to the BLM’s renewable energy
program or the substance of the Interim
Rule, or Ian Senio at (202) 912–7440 for
information relating to the rulemaking
process generally. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–
8339, 24 hours a day, seven days a week
to contact the above individuals.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
II. Background
III. Section-by-Section Analysis
IV. Procedural Matters
I. Public Comment Procedures
While this Interim Rule is effective
immediately upon publication in the
Federal Register, the BLM still seeks the
public’s input and will consider any
comments on the Interim Rule received
within 60 days after the date of
publication (see DATES).1 If the BLM
1 As noted above, the BLM has also published,
concurrently with this Interim Rule, a proposed
rule that would make permanent the segregation
authority included here. There will be a separate
opportunity for public comment on the proposed
rule as outlined in the Federal Register notice for
that rule.
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]]>Agencies
[Federal Register Volume 76, Number 80 (Tuesday, April 26, 2011)]
[Rules and Regulations]
[Pages 23196-23198]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-10027]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2010-0946; FRL-9294-7]
Approval and Promulgation of Air Quality Implementation Plans; IL
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a revision to the Illinois State
Implementation Plan (SIP) for ozone. The State is revising its
definition of volatile organic compound (VOC) to add two chemical
compounds to the list of compounds that are exempt from being
considered a VOC. This revision is based on EPA's 2009 determination
that these two compounds do not significantly contribute to ozone
formation.
DATES: This direct final rule will be effective June 27, 2011, unless
EPA receives adverse comments by May 26, 2011. 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-2010-0946, by one of the following methods:
1. https://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: aburano.douglas@epa.gov.
3. Fax: (312) 408-2279.
4. Mail: Douglas Aburano, Chief, Control Strategies Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Douglas Aburano, Chief, Control Strategies
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal
holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2010-0946. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://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 https://www.regulations.gov or e-mail. The https://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 https://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.
Docket: All documents in the docket are listed in the https://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 https://www.regulations.gov or in hard copy at the Environmental
Protection Agency, Region 5, Air and Radiation Division, 77 West
Jackson Boulevard, Chicago, Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal
holidays. We recommend that you telephone 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) 886-6031, hatten.charles@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean
[[Page 23197]]
EPA. This supplementary information section is arranged as follows:
I. What is the background for this action?
A. When did the State submit the SIP revision to EPA?
B. Did Illinois hold public hearings on this SIP revision?
II. What is EPA approving?
III. What is EPA's analysis of the SIP revision?
IV. What action is EPA taking today?
V. Statutory and Executive Order Reviews
I. What is the background for this action?
A. When did the State submit the SIP revision to EPA?
The Illinois Environmental Protection Agency (Illinois EPA)
submitted a revision of the Illinois SIP provision at 35 Illinois
Administrative Code (IAC) 211.7150(a) to EPA for approval on October
25, 2010. The SIP revision at 35 IAC 211.7150(a) updates the definition
of ``volatile organic material (VOM) or volatile organic compound
(VOC).''
B. Did Illinois hold public hearings on this SIP revision?
The Illinois Pollution Control Board held a public hearing on the
proposed SIP revision on November 19, 2009. The Board received public
comments only from Illinois EPA; these comments were in support of the
proposed revision.
II. What is EPA approving?
EPA is approving an Illinois SIP revision that adds to the list of
compounds that are exempt from being considered a VOM or VOC. On
October 25, 2010, Illinois EPA submitted its revision to Title 35 of
IAC 211.7150(a), the state's VOC exemption list, with the addition of
two chemical compounds--propylene carbonate and dimethyl carbonate,
requesting that this revised rule be incorporated into the Illinois SIP
in place of the current 35 IAC 211.7150(a). Compounds listed under 35
IAC 211.7150(a) are excluded from the definition of a VOM or VOC.
Illinois EPA took this action based on EPA's determination that these
compounds have negligible photochemical reactivity. (See 74 FR 3437,
January 20, 2009.)
III. What is EPA's analysis of the SIP revision?
In 2009, EPA evaluated petitions submitted by manufacturers asking
EPA to exempt propylene carbonate and dimethyl carbonate from the
definition of VOC and determined that the level of reactivity of these
two chemical compounds is negligible. EPA concluded that these two
compounds make a negligible contribution to tropospheric ozone
formation (74 FR 3437, Jan. 21, 2009). Therefore, on January 21, 2009,
EPA amended 40 CFR 51.100(s)(1) to exclude propylene carbonate and
dimethyl carbonate from the definition of VOC for purposes of preparing
SIPs to attain the national ambient air quality standard for ozone
under Title I of the Clean Air Act (74 FR 3437). EPA's action became
effective on February 20, 2009. Illinois EPA's SIP revision is
consistent with EPA's action amending EPA's definition of VOC at 40 CFR
51.100(s).
IV. What action is EPA taking today?
EPA is approving a revision to the Illinois SIP for ozone which is
consistent with EPA's 2009 action revising the definition of VOC. The
Illinois SIP revision adds propylene carbonate and dimethyl carbonate
compounds to the list of compounds considered exempt from being a VOC
compound at 35 IAC 211.7150(a).
We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective June 27, 2011
without further notice unless we receive relevant adverse written
comments by May 26, 2011. 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. The 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 June
27, 2011.
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on Tribal governments or preempt Tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the
[[Page 23198]]
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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 27, 2011. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Volatile organic compound.
Dated: April 4, 2011.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart O--Illinois
0
2. Section 52.720 is amended by adding paragraph (c)(187) to read as
follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(187) On October 25, 2010, Illinois submitted revised regulations
that are consistent with 40 CFR 51.100(s)(1), as amended by 74 FR 3437.
The compounds propylene carbonate and dimethyl were added to the list
of negligibly reactive compounds excluded from the definition of VOC in
35 IAC 211.7150(a).
(i) Incorporation by reference. Illinois Administrative Code Title
35: Environmental Protection, Part 211: Definitions and General
Provisions, Section 211.7150: Volatile Organic Matter (VOM) or Volatile
Organic Compound (VOC), Subsection 211.7150(a). Effective January 11,
2010.
[FR Doc. 2011-10027 Filed 4-25-11; 8:45 am]
BILLING CODE 6560-50-P
