Approval and Promulgation of Air Quality Implementation Plans; Illinois; Volatile Organic Compound Emission Control Measures for Chicago and Metro-East St. Louis Ozone Nonattainment Areas, 16940-16942 [2012-6938]
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16940
Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Rules and Regulations
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 limited
approval and limited disapproval of the
West Virginia Regional Haze SIP may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
reference, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: March 15, 2012.
James W. Newsom,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
List of Subjects in 40 CFR Part 52
■
Name of non-regulatory SIP
revision
State submittal
date
*
*
*
Regional Haze Plan ................ Statewide ...............................
3. Section 52.2533 is amended by
adding paragraph (d) to read as follows:
■
52.2533
Visibility protection.
*
*
*
*
*
(d) Limited approval of the Regional
Haze Plan submitted by West Virginia
on June 18, 2008; limited disapproval
for those sections relying upon emission
reductions from the Clean Air Interstate
Rule (CAIR).
[FR Doc. 2012–7027 Filed 3–22–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2010–0671; FRL–9633–4]
Approval and Promulgation of Air
Quality Implementation Plans; Illinois;
Volatile Organic Compound Emission
Control Measures for Chicago and
Metro-East St. Louis Ozone
Nonattainment Areas
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving, under the
Clean Air Act (the Act), revisions to the
Illinois State Implementation Plan (SIP)
submitted on July 29, 2010, September
16, 2011 and September 29, 2011. The
purpose of these rules is to satisfy the
Act’s requirement that States revise
their SIPs to include reasonably
available control technology (RACT) for
sources of volatile organic compound
(VOC) emissions in moderate ozone
nonattainment areas. Illinois’ VOC rules
provide RACT requirements for the
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SUMMARY:
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*
6/18/08
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Identification of plan.
*
*
(e) * * *
*
EPA approval date
*
3/23/12 [Insert page number
where the document begins].
Chicago and Metro-East St. Louis 8-hour
ozone nonattainment areas. These rules
are approvable because they are
consistent with the Control Technique
Guideline (CTG) documents issued by
EPA in 2006, 2007 and 2008 and satisfy
the RACT requirements of the Act. EPA
proposed this rule for approval on
November 30, 2011 and received
comments from Illinois EPA.
DATES: This final rule is effective on
April 23, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
EPA–R05–OAR–2010–0671. All
documents in the docket are listed on
the www.regulations.gov Web site.
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 electronically through
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 Steven
Rosenthal, Environmental Engineer, at
(312) 886–6052 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Steven Rosenthal, Environmental
Engineer, Air Planning and
Maintenance Section, Air Programs
Branch (AR–18J), Environmental
PO 00000
2. In § 52.2520, the table in paragraph
(e) is amended by adding an entry for
Regional Haze Plan at the end of the
table to read as follows:
■
*
1. The authority citation for part 52
continues to read as follows:
Applicable geographic area
Subpart XX—West Virginia
52.2520
PART 52—[AMENDED]
Environmental protection, Air
pollution control, Incorporation by
Authority: 42 U.S.C. 7401 et seq.
*
Additional explanation
*
*
§52.2533(d); Limited Approval.
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–6052.
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 public comments were received on
the proposed approval?
II. What action is EPA taking today and what
is the basis of this action?
III. Statutory and Executive Order Reviews
I. What public comments were received
on the proposed approval?
EPA proposed this rule for approval
on November 30, 2011 and received
comments from Illinois EPA. Illinois
EPA submitted comments in support of
this rule on December 16, 2011. In its
comments Illinois identified the
following errors (with the appropriate
corrections) that were made in the
November 30, 2011 proposed approval.
These corrections are:
(1) Page 74015, Section IV, Subsection
(1): The title should reference Part 211
instead of Section 211.
(2) Page 74015, Section IV, Subsection
(3): The end of the first paragraph
implies that Illinois’ surface coating
regulations at 35 Ill. Adm. Code 218.208
and 219.208 allow an equivalent
applicability threshold of 2.7 tons of
VOM per 12 month rolling period.
Illinois’ rules contain no such
equivalent threshold.
(3) Pages 74015–74016, Section IV,
Subsections (3) and (5): In the titles, the
second set of section references should
be to Part 219, not 218.
(4) Page 74016, Section IV, Subsection
(6): In the title, Illinois’ regulations
specific to fiberglass boat manufacturing
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Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Rules and Regulations
materials are contained in 35 Ill. Adm.
Code 218.890 to 894 and 219.890 to 894.
Sections 895 to 899 are (unofficially)
reserved, and Sections 900 to 904 regard
miscellaneous industrial adhesives.
EPA agrees with Illinois’ corrected
description of its rules.
srobinson on DSK4SPTVN1PROD with RULES
II. What action is EPA taking today and
what is the basis of this action?
EPA is taking final action to approve
into Illinois’ SIP volatile organic
material (VOM), which is the same as
volatile organic compound, RACT rules
for the Chicago and Metro-East St. Louis
8-hour ozone nonattainment areas that
were submitted on July 29, 2010,
September 16, 2011 and September 29,
2011. The purpose of these rules is to
satisfy the Act’s requirement that States
revise their SIPs to include RACT for
sources of VOC emissions in moderate
ozone nonattainment areas. Illinois’
VOM rules provide RACT requirements
for the Chicago and Metro-East St. Louis
8-hour ozone nonattainment areas. With
respect to Illinois EPA’s second
comment, it should be noted that
Illinois’ VOM coating rules have a 15
pounds VOM/day applicability cutoff
which is consistent with EPA VOC
RACT guidance. Although EPA’s
coating CTGs allow an alternative
applicability cutoff of 2.7 tons VOC/
year, this alternative is not required.
These rules are approvable because they
are consistent with the CTG documents
issued by EPA in 2006, 2007 and 2008
and satisfy the RACT requirements of
the Act.
III. Statutory and Executive Order
Reviews
Under the Act, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
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 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
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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 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
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 Act,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by May 22, 2012. 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
PO 00000
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16941
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,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: January 31, 2012.
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) (189) to read as
follows:
■
§ 52.720
Identification of plan.
*
*
*
*
*
(c) * * *
(189) On July 29, 2010, September 16,
2011 and September 29, 2011 Illinois
submitted VOM RACT rules for the
Chicago and Metro-East St. Louis 8-hour
ozone nonattainment areas. These rules
are consistent with the Control
Technique Guideline documents issued
by EPA in 2006, 2007 and 2008 and
satisfy the RACT requirements of the
Act. On February 28, 2011, Illinois EPA
submitted a confirmation that the
sewage treatment plant exemption in
Subpart TT of Parts 218 and 219 does
not apply to industrial wastewater. This
clarification clearly establishes that
VOM emissions from major non-CTG
industrial wastewater operations are
regulated by Subpart TT.
(i) Incorporation by reference. The
following sections of Illinois
Administrative Code, Title 35:
Environmental Protection, Subtitle B:
Air Pollution, Chapter 1: Pollution
Control Board, Subchapter c: Emission
Standards and Limitations for
Stationary Sources, are incorporated by
reference:
(A) Part 211: Definitions and General
Provisions, Sections 211.1000,
211.1745, 211.1878, 211.1885, 211.2359,
211.2368, 211.2615, 211.2830, 211.2840,
211.2965, 211.3215, 211.3305, 211.3555,
211.3705, 211.3707, 211.4065, 211.5335,
211.5535, 211.5585, 211.5860, 211.5875,
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Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Rules and Regulations
211.5885, 211.6405, 211.6425, 211.6535,
211.7290; effective June 25, 2010.
(B) Part 211: Definitions and General
Provisions, Sections 211.101, 211.102,
211.200, 211.233, 211.235, 211.260,
211.481, 211.492, 211.540, 211.715,
211.735, 211.820, 211.825, 211.880,
211.954, 211.965, 211.1128, 211.1455,
211.1560, 211.1565, 211.1655, 211.1700,
211.1872, 211.1876, 211.1877, 211.1880,
211.1882, 211.1883, 211.2040, 211.2055,
211.2210, 211.2310, 211.2320, 211.2360,
211.2369, 211.2415, 211.2525, 211.2622,
211.2825, 211.2955, 211.2956, 211.2958,
211.2960, 211.2980, 211.3095, 211.3120,
211.3240, 211.3505, 211.3665, 211.3760,
211.3775, 211.3785, 211.3820, 211.3925,
211.3961, 211.3966, 211.3967, 211.3968,
211.3969, 211.3975, 211.4052, 211.4080,
211.4220, 211.4285, 211.4455, 211.4540,
211.4735, 211.4760, 211.4765, 211.4768,
211.4769, 211.4895, 211.4900, 211.5012,
211.5061, 211.5062, 211.5075, 211.5090,
211.5400, 211.5520, 211.5550, 211.5800,
211.5890, 211.5985, 211.5987, 211.6012,
211.6015, 211.6017, 211.6020, 211.6063,
211.6065, 211.6400, 211.6427, 211.6460,
211.6585, 211.6640, 211.6670, 211.6690,
211.6720, 211.6740, 211.6780, 211.6825,
211.6885, 211.7220, 211.7240; effective
September 14, 2010.
(C) Part 211: Definitions and General
Provisions, Sections 211.493, 211.2200,
211.2358, 211.2800, 211.3985, 211.4460,
211.5140, 211.6587, 211.6635; effective
July 27, 2011.
(D) Part 218: Organic Material
Emission Standards and Limitations for
the Chicago Area, Subpart F: Coating
Operations, Section 218.218; effective
March 23, 2010.
(E) Part 218: Organic Material
Emission Standards and Limitations for
the Chicago Area, Subpart E: Solvent
Cleaning, Section 218.181, Subpart H:
Printing and Publishing, Sections
218.403, 218.405, 218.406, 218.407,
218.408, 218.410, 218.412, 218.413,
218.416; effective June 25, 2010.
(F) Part 218: Organic Material
Emission Standards and Limitations for
the Chicago Area, Subpart A: General
Provisions, Sections 218.106, 218.112,
Subpart F: Coating Operations, Sections
218.205, 218.208, 218.210, 218.212,
218.219, Subpart II: Fiberglass Boat
Manufacturing Materials, Section
218.890, Subpart JJ: Miscellaneous
Industrial Adhesives, Section 218.900;
effective September 14, 2010.
(G) Part 218: Organic Material
Emission Standards and Limitations for
the Chicago Area, Subpart A: General
Provisions, Section 218.105, Subpart E:
Solvent Cleaning, Section 218.187,
Subpart F: Coating Operations, Sections
218.204, 218.207, 218.211, 218.217,
Subpart H: Printing and Publishing,
Sections 218.401, 218.402, 218.404,
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218.409, 218.411, 218.415, 218.417,
Subpart II: Fiberglass Boat
Manufacturing Materials, Sections
218.891, 218.892, 218.894, Subpart JJ:
Miscellaneous Industrial Adhesives,
Sections 218.901, 218.902, 218.903,
218.904; effective July 27, 2011.
(H) Part 219: Organic Material
Emission Standards and Limitations for
the Metro East Area, Subpart F: Coating
Operations, Section 219.218; effective
March 23, 2010.
(I) Part 219: Organic Material
Emission Standards and Limitations for
the Metro East Area, Subpart E: Solvent
Cleaning, Section 219.181, Subpart H:
Printing and Publishing, Sections
219.402, 219.403, 219.405, 219.406,
219.407, 219.408, 219.410, 219.412,
219.413, 219.416; effective June 25,
2010.
(J) Part 219: Organic Material
Emission Standards and Limitations for
the Metro East Area, Subpart A: General
Provisions, Sections 219.106, 219.112,
Subpart F: Coating Operations, Sections
219.205, 219.208, 219.210, 219.212,
219.219, Subpart II: Fiberglass Boat
Manufacturing Materials, Section
219.890, Subpart JJ: Miscellaneous
Industrial Adhesives, Section 219.900;
effective September 14, 2010.
(K) Part 219: Organic Material
Emission Standards and Limitations for
the Metro East Area, Subpart A: General
Provisions, Section 219.105, Subpart E:
Solvent Cleaning, Section 219.187,
Subpart F: Coating Operations, Sections
219.204, 219.207, 219.211, 219.217,
Subpart H: Printing and Publishing,
Sections 219.401, 219.404, 219.409,
219.411, 219.415, 219.417, Subpart II:
Fiberglass Boat Manufacturing
Materials, Sections 219.891, 219.892,
219.894, Subpart JJ: Miscellaneous
Industrial Adhesives, Sections 219.901,
219.902, 219.903, 219.904; effective July
27, 2011.
(ii) Additional material. On February
28, 2011, Illinois EPA submitted an
email confirmation that the sewage
treatment plant exemption in Subpart
TT of Parts 218 and 219 does not apply
to industrial wastewater.
[FR Doc. 2012–6938 Filed 3–22–12; 8:45 am]
BILLING CODE 6560–50–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 110901552–20494–02]
RIN 0648–BB34
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Northeast
(NE) Multispecies Fishery; Amendment
17
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This final rule implements
measures in Amendment 17 to the
Northeast Multispecies Fishery
Management Plan which was approved
on March 8, 2012. This action amends
the Northeast Multispecies Fishery
Management Plan to explicitly define
and facilitate the effective operation of
state-operated permit banks. As
proposed in Amendment 17, stateoperated permit banks may be allocated
an annual catch entitlement and
specifically authorized to provide their
annual catch entitlement and/or days-atsea to approved groundfish sectors to
enhance the fishing opportunities
available to sector members. This action
also approves a provision allowing
NMFS to issue a days-at-sea credit to a
vessel that cancels a fishing trip prior to
setting or hauling fishing gear.
DATES: This rule is effective April 23,
2012.
SUMMARY:
Copies of the Amendment
17 document, including an
environmental assessment and a
regulatory impact review, are available
from the Northeast Regional Office of
the National Marine Fisheries Service,
55 Great Republic Drive, Gloucester,
MA 01930. This document is also
accessible via the Internet at https://
www.nero.noaa.gov.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this final rule
may be submitted to the Northeast
Regional Office and by email to
OIRA_Submission@omb.eop.gov, or fax
to (202) 395–7285.
FOR FURTHER INFORMATION CONTACT:
William Whitmore, Fishery Policy
Analyst, (978) 281–9182; fax: (978) 281–
9135.
ADDRESSES:
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]]>Agencies
[Federal Register Volume 77, Number 57 (Friday, March 23, 2012)]
[Rules and Regulations]
[Pages 16940-16942]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-6938]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2010-0671; FRL-9633-4]
Approval and Promulgation of Air Quality Implementation Plans;
Illinois; Volatile Organic Compound Emission Control Measures for
Chicago and Metro-East St. Louis Ozone Nonattainment Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving, under the Clean Air Act (the Act), revisions
to the Illinois State Implementation Plan (SIP) submitted on July 29,
2010, September 16, 2011 and September 29, 2011. The purpose of these
rules is to satisfy the Act's requirement that States revise their SIPs
to include reasonably available control technology (RACT) for sources
of volatile organic compound (VOC) emissions in moderate ozone
nonattainment areas. Illinois' VOC rules provide RACT requirements for
the Chicago and Metro-East St. Louis 8-hour ozone nonattainment areas.
These rules are approvable because they are consistent with the Control
Technique Guideline (CTG) documents issued by EPA in 2006, 2007 and
2008 and satisfy the RACT requirements of the Act. EPA proposed this
rule for approval on November 30, 2011 and received comments from
Illinois EPA.
DATES: This final rule is effective on April 23, 2012.
ADDRESSES: EPA has established a docket for this action under Docket ID
EPA-R05-OAR-2010-0671. All documents in the docket are listed on the
www.regulations.gov Web site. 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
electronically through 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 Steven Rosenthal,
Environmental Engineer, at (312) 886-6052 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental
Engineer, Air Planning and Maintenance Section, Air Programs Branch
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-6052.
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 public comments were received on the proposed approval?
II. What action is EPA taking today and what is the basis of this
action?
III. Statutory and Executive Order Reviews
I. What public comments were received on the proposed approval?
EPA proposed this rule for approval on November 30, 2011 and
received comments from Illinois EPA. Illinois EPA submitted comments in
support of this rule on December 16, 2011. In its comments Illinois
identified the following errors (with the appropriate corrections) that
were made in the November 30, 2011 proposed approval. These corrections
are:
(1) Page 74015, Section IV, Subsection (1): The title should
reference Part 211 instead of Section 211.
(2) Page 74015, Section IV, Subsection (3): The end of the first
paragraph implies that Illinois' surface coating regulations at 35 Ill.
Adm. Code 218.208 and 219.208 allow an equivalent applicability
threshold of 2.7 tons of VOM per 12 month rolling period. Illinois'
rules contain no such equivalent threshold.
(3) Pages 74015-74016, Section IV, Subsections (3) and (5): In the
titles, the second set of section references should be to Part 219, not
218.
(4) Page 74016, Section IV, Subsection (6): In the title, Illinois'
regulations specific to fiberglass boat manufacturing
[[Page 16941]]
materials are contained in 35 Ill. Adm. Code 218.890 to 894 and 219.890
to 894. Sections 895 to 899 are (unofficially) reserved, and Sections
900 to 904 regard miscellaneous industrial adhesives.
EPA agrees with Illinois' corrected description of its rules.
II. What action is EPA taking today and what is the basis of this
action?
EPA is taking final action to approve into Illinois' SIP volatile
organic material (VOM), which is the same as volatile organic compound,
RACT rules for the Chicago and Metro-East St. Louis 8-hour ozone
nonattainment areas that were submitted on July 29, 2010, September 16,
2011 and September 29, 2011. The purpose of these rules is to satisfy
the Act's requirement that States revise their SIPs to include RACT for
sources of VOC emissions in moderate ozone nonattainment areas.
Illinois' VOM rules provide RACT requirements for the Chicago and
Metro-East St. Louis 8-hour ozone nonattainment areas. With respect to
Illinois EPA's second comment, it should be noted that Illinois' VOM
coating rules have a 15 pounds VOM/day applicability cutoff which is
consistent with EPA VOC RACT guidance. Although EPA's coating CTGs
allow an alternative applicability cutoff of 2.7 tons VOC/year, this
alternative is not required. These rules are approvable because they
are consistent with the CTG documents issued by EPA in 2006, 2007 and
2008 and satisfy the RACT requirements of the Act.
III. Statutory and Executive Order Reviews
Under the Act, the Administrator is required to approve a SIP
submission that complies with the provisions of the 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 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 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 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 Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 22, 2012. 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, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: January 31, 2012.
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) (189) to read as
follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(189) On July 29, 2010, September 16, 2011 and September 29, 2011
Illinois submitted VOM RACT rules for the Chicago and Metro-East St.
Louis 8-hour ozone nonattainment areas. These rules are consistent with
the Control Technique Guideline documents issued by EPA in 2006, 2007
and 2008 and satisfy the RACT requirements of the Act. On February 28,
2011, Illinois EPA submitted a confirmation that the sewage treatment
plant exemption in Subpart TT of Parts 218 and 219 does not apply to
industrial wastewater. This clarification clearly establishes that VOM
emissions from major non-CTG industrial wastewater operations are
regulated by Subpart TT.
(i) Incorporation by reference. The following sections of Illinois
Administrative Code, Title 35: Environmental Protection, Subtitle B:
Air Pollution, Chapter 1: Pollution Control Board, Subchapter c:
Emission Standards and Limitations for Stationary Sources, are
incorporated by reference:
(A) Part 211: Definitions and General Provisions, Sections
211.1000, 211.1745, 211.1878, 211.1885, 211.2359, 211.2368, 211.2615,
211.2830, 211.2840, 211.2965, 211.3215, 211.3305, 211.3555, 211.3705,
211.3707, 211.4065, 211.5335, 211.5535, 211.5585, 211.5860, 211.5875,
[[Page 16942]]
211.5885, 211.6405, 211.6425, 211.6535, 211.7290; effective June 25,
2010.
(B) Part 211: Definitions and General Provisions, Sections 211.101,
211.102, 211.200, 211.233, 211.235, 211.260, 211.481, 211.492, 211.540,
211.715, 211.735, 211.820, 211.825, 211.880, 211.954, 211.965,
211.1128, 211.1455, 211.1560, 211.1565, 211.1655, 211.1700, 211.1872,
211.1876, 211.1877, 211.1880, 211.1882, 211.1883, 211.2040, 211.2055,
211.2210, 211.2310, 211.2320, 211.2360, 211.2369, 211.2415, 211.2525,
211.2622, 211.2825, 211.2955, 211.2956, 211.2958, 211.2960, 211.2980,
211.3095, 211.3120, 211.3240, 211.3505, 211.3665, 211.3760, 211.3775,
211.3785, 211.3820, 211.3925, 211.3961, 211.3966, 211.3967, 211.3968,
211.3969, 211.3975, 211.4052, 211.4080, 211.4220, 211.4285, 211.4455,
211.4540, 211.4735, 211.4760, 211.4765, 211.4768, 211.4769, 211.4895,
211.4900, 211.5012, 211.5061, 211.5062, 211.5075, 211.5090, 211.5400,
211.5520, 211.5550, 211.5800, 211.5890, 211.5985, 211.5987, 211.6012,
211.6015, 211.6017, 211.6020, 211.6063, 211.6065, 211.6400, 211.6427,
211.6460, 211.6585, 211.6640, 211.6670, 211.6690, 211.6720, 211.6740,
211.6780, 211.6825, 211.6885, 211.7220, 211.7240; effective September
14, 2010.
(C) Part 211: Definitions and General Provisions, Sections 211.493,
211.2200, 211.2358, 211.2800, 211.3985, 211.4460, 211.5140, 211.6587,
211.6635; effective July 27, 2011.
(D) Part 218: Organic Material Emission Standards and Limitations
for the Chicago Area, Subpart F: Coating Operations, Section 218.218;
effective March 23, 2010.
(E) Part 218: Organic Material Emission Standards and Limitations
for the Chicago Area, Subpart E: Solvent Cleaning, Section 218.181,
Subpart H: Printing and Publishing, Sections 218.403, 218.405, 218.406,
218.407, 218.408, 218.410, 218.412, 218.413, 218.416; effective June
25, 2010.
(F) Part 218: Organic Material Emission Standards and Limitations
for the Chicago Area, Subpart A: General Provisions, Sections 218.106,
218.112, Subpart F: Coating Operations, Sections 218.205, 218.208,
218.210, 218.212, 218.219, Subpart II: Fiberglass Boat Manufacturing
Materials, Section 218.890, Subpart JJ: Miscellaneous Industrial
Adhesives, Section 218.900; effective September 14, 2010.
(G) Part 218: Organic Material Emission Standards and Limitations
for the Chicago Area, Subpart A: General Provisions, Section 218.105,
Subpart E: Solvent Cleaning, Section 218.187, Subpart F: Coating
Operations, Sections 218.204, 218.207, 218.211, 218.217, Subpart H:
Printing and Publishing, Sections 218.401, 218.402, 218.404, 218.409,
218.411, 218.415, 218.417, Subpart II: Fiberglass Boat Manufacturing
Materials, Sections 218.891, 218.892, 218.894, Subpart JJ:
Miscellaneous Industrial Adhesives, Sections 218.901, 218.902, 218.903,
218.904; effective July 27, 2011.
(H) Part 219: Organic Material Emission Standards and Limitations
for the Metro East Area, Subpart F: Coating Operations, Section
219.218; effective March 23, 2010.
(I) Part 219: Organic Material Emission Standards and Limitations
for the Metro East Area, Subpart E: Solvent Cleaning, Section 219.181,
Subpart H: Printing and Publishing, Sections 219.402, 219.403, 219.405,
219.406, 219.407, 219.408, 219.410, 219.412, 219.413, 219.416;
effective June 25, 2010.
(J) Part 219: Organic Material Emission Standards and Limitations
for the Metro East Area, Subpart A: General Provisions, Sections
219.106, 219.112, Subpart F: Coating Operations, Sections 219.205,
219.208, 219.210, 219.212, 219.219, Subpart II: Fiberglass Boat
Manufacturing Materials, Section 219.890, Subpart JJ: Miscellaneous
Industrial Adhesives, Section 219.900; effective September 14, 2010.
(K) Part 219: Organic Material Emission Standards and Limitations
for the Metro East Area, Subpart A: General Provisions, Section
219.105, Subpart E: Solvent Cleaning, Section 219.187, Subpart F:
Coating Operations, Sections 219.204, 219.207, 219.211, 219.217,
Subpart H: Printing and Publishing, Sections 219.401, 219.404, 219.409,
219.411, 219.415, 219.417, Subpart II: Fiberglass Boat Manufacturing
Materials, Sections 219.891, 219.892, 219.894, Subpart JJ:
Miscellaneous Industrial Adhesives, Sections 219.901, 219.902, 219.903,
219.904; effective July 27, 2011.
(ii) Additional material. On February 28, 2011, Illinois EPA
submitted an email confirmation that the sewage treatment plant
exemption in Subpart TT of Parts 218 and 219 does not apply to
industrial wastewater.
[FR Doc. 2012-6938 Filed 3-22-12; 8:45 am]
BILLING CODE 6560-50-P
