Approval and Promulgation of Air Quality Implementation Plans; Illinois; Small Container Exemption from VOC Coating Rules, 23495-23497 [2013-08948]
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23495
Federal Register / Vol. 78, No. 76 / Friday, April 19, 2013 / Rules and Regulations
matter, Reporting and recordkeeping
requirements, Sulfur oxides.
2. In § 52.770 the table in paragraph
(c) is amended by revising the entry for
‘‘1–3–4’’ and adding a new entry in
numerical order for ‘‘1–4–1’’ to read as
follows:
■
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Dated: April 4, 2013.
Susan Hedman,
Regional Administrator, Region 5.
1. The authority citation for part 52
continues to read as follows:
■
40 CFR part 52 is amended as follows:
§ 52.770
Authority: 42 U.S.C. 7401 et seq.
*
Identification of plan.
*
*
(c) * * *
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*
EPA-APPROVED INDIANA REGULATIONS
Indiana
citation
Indiana
effective
date
Subject
*
*
*
EPA approval date
*
Notes
*
*
*
*
*
*
Rule 3. Ambient Air Quality Standards
*
*
1–3–4 ....................
*
*
*
Ambient air quality standards ........................................
*
*
1/18/2013
*
4/19/2013, [INSERT PAGE
NUMBER WHERE THE
DOCUMENT BEGINS].
*
*
(b)(7) and (b)(8) only.
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Rule 4. Attainment Status Designations
1–4–1 ....................
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Definitions .......................................................................
*
*
[FR Doc. 2013–09149 Filed 4–18–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2012–0073; FRL–9790–4]
Approval and Promulgation of Air
Quality Implementation Plans; Illinois;
Small Container Exemption from VOC
Coating Rules
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving a revision to
the Illinois State Implementation plan
(SIP) submitted by the Illinois
Environmental Protection Agency
(Illinois EPA) on November 14, 2011.
This SIP revision consists of
amendments to the Illinois
Administrative Code (Ill. Adm. Code) by
adding a ‘‘small container exemption’’
for pleasure craft surface coating
operations in the Chicago and MetroEast St. Louis 8-hour ozone
nonattainment areas. These exemptions
are approvable because they are
consistent with EPA volatile organic
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SUMMARY:
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1/18/2013
*
4/19/2013, [INSERT PAGE
NUMBER WHERE THE
DOCUMENT BEGINS].
*
compound (VOC) reasonably available
control technology (RACT) policy.
DATES: This final rule is effective on
May 20, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2012–0073. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information may not be 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
PO 00000
Frm 00039
Fmt 4700
Sfmt 4700
*
*
Engineer, Attainment 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 and what is EPA’s
response?
II. What action is EPA taking today?
III. Statutory and Executive Order Reviews
I. What public comments were received
on the proposed approval and what is
EPA’s response?
A comment was submitted on April
16, 2012, by a Kentucky resident. As a
result of this comment, the direct final
approval published on April 16, 2012,
(77 FR 22497) was withdrawn. His
comment is that EPA should determine,
pursuant to Clean Air Act (CAA) section
110(l), what impact this exemption will
have on St. Louis and Chicago attaining
the 2008 National Ambient Air Quality
Standard (NAAQS) as soon as
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Federal Register / Vol. 78, No. 76 / Friday, April 19, 2013 / Rules and Regulations
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practicable before EPA can approve this
revision.
EPA Response
As stated in the direct final approval,
and included here as background to
EPA’s response, EPA previously
approved sections 218.208(c) and
219.208(c) which specify that Illinois’
surface coating VOC emission
limitations shall not apply to touch-up
and repair coatings used by a can, coil,
vinyl, metal furniture and magnet wire
coating operation, provided that the
source-wide volume of such coatings
used does not exceed 1 quart per 8-hour
period or exceed 55 gallons/year for any
rolling 12 month period. (61 FR 5511 on
February 13, 1996). The SIP revision
which is the subject of this action
extends the exemption in 218.208(c)
and 219.208(c) to the pleasure craft
surface coating limits set out in sections
218.204(q)(5) and 219.204(q)(5). Illinois’
SIP revision also amends 35 Ill. Adm.
Code 218.208(e) and 219.208(e), the
recordkeeping and reporting provisions,
to add pleasure craft coating operations
that are exempted from the limitations
in 218.204(q) and 219.204(q) to the
coating operations subject to
recordkeeping requirements. Sections
218.208(e) and 219.208(e) contain
sufficient recordkeeping requirements to
establish whether these exemptions
have been exceeded.
In 2010 and 2011 Illinois promulgated
rules on VOC RACT emission
limitations for coating operations (See
November 30, 2011 proposed approval
at 76 FR 74014). During that
rulemaking, the American Coatings
Association (ACA) commented to
Illinois EPA that many VOC coating
regulations include a small container
exemption not to exceed a liter or a
quart. The ACA stated that the basis for
these exemptions is to allow for small
repairs and touch ups to existing
coatings at the end of the painting line
to avoid having to completely recoat the
product, thus resulting in lower VOC
emissions overall from pleasure craft
coating operations.
In direct response to the comment,
EPA has determined that this exemption
will not interfere with St. Louis and
Chicago attaining the 2008 ozone
NAAQS for the following reasons:
(1) Illinois EPA is not aware of any
subject sources in the Chicago and
Metro East (St. Louis) 2008 ozone
nonattainment areas.
(2) One quart of touch up coating per
day (55 gallons per year) is a de minimis
amount.
(3) The exemption is consistent with
Illinois RACT rules for similar coating
operations, including can, coil, vinyl,
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15:06 Apr 18, 2013
Jkt 229001
metal furniture, and magnet wire
coatings.
(4) Illinois EPA and ACA agree that
the exemption may reduce VOC
emissions by encouraging repairs and
touch ups, as opposed to performing
complete re-coats.
II. What action is EPA taking
EPA is approving the State’s request
to add a ‘‘small container exemption’’
for pleasure craft surface coating
operations in the Chicago and MetroEast St. Louis 8-hour ozone
nonattainment areas for the reasons
stated above.
III. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive 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 CAA; and
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
• 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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by June 18, 2013. 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,
Volatile organic compounds.
Dated: March 4, 2013.
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.
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Federal Register / Vol. 78, No. 76 / Friday, April 19, 2013 / Rules and Regulations
2. § 52.720 is amended by adding
paragraph (c)(194) to read as follows:
■
§ 52.720
Identification of plan.
*
*
*
*
*
(c) * * *
(194) On November 14, 2011, the
Illinois Environmental Protection
Agency (Illinois EPA) submitted
amendments to 35 Illinois
Administrative Code 218.208 and
219.208. These sections add a ‘‘small
container exemption’’ for pleasure craft
surface coating operations in the
Chicago and Metro-East St. Louis 8-hour
ozone nonattainment areas. These
exemptions are consistent with EPA
volatile organic compound (VOC)
reasonably available control technology
(RACT) policy.
(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 218: Organic Material
Emission Standards and Limitations for
the Chicago Area, Subpart F: Coating
Operations, Section 218.208 Exemptions
From Emission Limitations; effective
October 25, 2011.
(B) Part 219: Organic Material
Emission Standards and Limitations for
the Metro East Area, Subpart F: Coating
Operations, Section 219.208 Exemptions
From Emission Limitations; effective
October 25, 2011.
[FR Doc. 2013–08948 Filed 4–18–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–HQ–OAR–2010–0600; FRL–9801–4]
emcdonald on DSK67QTVN1PROD with RULES
RIN 2060–AQ60
Reconsideration Petition From the
National Association of Surface
Finishers for the National Emission
Standards for Hazardous Air Pollutant
Emissions: Hard and Decorative
Chromium Electroplating and
Chromium Anodizing Tanks; and Steel
Pickling—HCl Process Facilities and
Hydrochloric Acid Regeneration Plants
Environmental Protection
Agency EPA).
ACTION: Notice of Final Action Denying
Petition for Reconsideration.
AGENCY:
This action provides notice
that on March 28, 2013, the Acting EPA
SUMMARY:
VerDate Mar<15>2010
15:06 Apr 18, 2013
Jkt 229001
Administrator, Bob Perciasepe, signed a
letter denying a petition for
reconsideration of the final rule
published in the Federal Register on
September 19, 2012. The rule
established new emission limits for hard
and decorative chromium electroplating
and chromium anodizing tanks, and
steel pickling—HCl process facilities
and hydrochloric acid regeneration
plants.
DATES: Effective: April 19, 2013.
Petitions: Any petitions for review of
the letter and enclosure denying the
petition for reconsideration described in
this document must be filed in the Court
of Appeals for the District of Columbia
Circuit by June 18, 2013.
FOR FURTHER INFORMATION CONTACT: Mr.
Phil Mulrine, Sector Policies and
Programs Division (D243–02), Office of
Air Quality Planning and Standards,
Environmental Protection Agency,
Research Triangle Park, North Carolina
27711; telephone number: (919) 541–
5289; fax number: (919) 541–3207;
email address: mulrine.phil@epa.gov.
SUPPLEMENTARY INFORMATION:
Description of Action: The EPA is
providing notice that it has denied a
petition for reconsideration of a final
rule published in the Federal Register
on September 19, 2012. The rule
established new emission limits for hard
and decorative chromium electroplating
and chromium anodizing tanks, and
steel pickling—HCl process facilities
and hydrochloric acid regeneration
plants, and was issued pursuant to the
EPA’s authority under sections 112(d)(6)
and (f)(2) of the Clean Air Act (CAA).
After publication of the rule, the EPA
received a petition for reconsideration
of the final rule from the National
Association of Surface Finishers
(NASF). After carefully considering the
petition and supporting information, the
Acting EPA Administrator, Bob
Perciasepe, denied the petition for
reconsideration on March 28, 2013, in a
letter to the petitioner. The EPA denied
the petition because it failed to meet the
criteria for reconsideration in CAA
section 307(d)(7)(B). The letter and an
accompanying enclosure explain in
detail the EPA’s reasons for the denial.
I. How can I get copies of this document
and other related information?
This Federal Register notice, the
petition for reconsideration and the
letter denying the petition for
reconsideration are available in the
docket that the EPA established under
Docket ID No. EPA–HQ–OAR–2010–
0600. The document identification
number for the petition for
reconsideration is: NASF, EPA–HQ–
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
23497
OAR–2010–0600–0693. The document
identification number for EPA’s
response letter is: NASF, EPA–HQ–
OAR–2010–0600–0695. 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, e.g., confidential
business information 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 EPA Docket Center (Air Docket),
EPA/DC, EPA West, Room 3334, 1301
Constitution Ave. NW., Washington,
DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744
and the telephone number for the Air
Docket is (202) 566–1742.
This Federal Register notice, the
petition for reconsideration and the
letter denying the petition can also be
found on the EPA’s Web site at https://
www.epa.gov/ttn/atw/chrome/
chromepg.html.
II. Judicial Review
Any petitions for review of the letter
and enclosure denying the petition for
reconsideration described in this Notice
must be filed in the Court of Appeals for
the District of Columbia Circuit by June
18, 2013.
List of Subjects in 40 CFR Part 63
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Reporting and recordkeeping
requirements.
Dated: April 12, 2013.
Bob Perciasepe,
Acting Administrator.
[FR Doc. 2013–09304 Filed 4–18–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2012–0246; FRL–9381–8]
Propiconazole; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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]]>Agencies
[Federal Register Volume 78, Number 76 (Friday, April 19, 2013)]
[Rules and Regulations]
[Pages 23495-23497]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08948]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2012-0073; FRL-9790-4]
Approval and Promulgation of Air Quality Implementation Plans;
Illinois; Small Container Exemption from VOC Coating Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a revision to the Illinois State
Implementation plan (SIP) submitted by the Illinois Environmental
Protection Agency (Illinois EPA) on November 14, 2011. This SIP
revision consists of amendments to the Illinois Administrative Code
(Ill. Adm. Code) by adding a ``small container exemption'' for pleasure
craft surface coating operations in the Chicago and Metro-East St.
Louis 8-hour ozone nonattainment areas. These exemptions are approvable
because they are consistent with EPA volatile organic compound (VOC)
reasonably available control technology (RACT) policy.
DATES: This final rule is effective on May 20, 2013.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2012-0073. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, some
information may not be 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, Attainment 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 and
what is EPA's response?
II. What action is EPA taking today?
III. Statutory and Executive Order Reviews
I. What public comments were received on the proposed approval and what
is EPA's response?
A comment was submitted on April 16, 2012, by a Kentucky resident.
As a result of this comment, the direct final approval published on
April 16, 2012, (77 FR 22497) was withdrawn. His comment is that EPA
should determine, pursuant to Clean Air Act (CAA) section 110(l), what
impact this exemption will have on St. Louis and Chicago attaining the
2008 National Ambient Air Quality Standard (NAAQS) as soon as
[[Page 23496]]
practicable before EPA can approve this revision.
EPA Response
As stated in the direct final approval, and included here as
background to EPA's response, EPA previously approved sections
218.208(c) and 219.208(c) which specify that Illinois' surface coating
VOC emission limitations shall not apply to touch-up and repair
coatings used by a can, coil, vinyl, metal furniture and magnet wire
coating operation, provided that the source-wide volume of such
coatings used does not exceed 1 quart per 8-hour period or exceed 55
gallons/year for any rolling 12 month period. (61 FR 5511 on February
13, 1996). The SIP revision which is the subject of this action extends
the exemption in 218.208(c) and 219.208(c) to the pleasure craft
surface coating limits set out in sections 218.204(q)(5) and
219.204(q)(5). Illinois' SIP revision also amends 35 Ill. Adm. Code
218.208(e) and 219.208(e), the recordkeeping and reporting provisions,
to add pleasure craft coating operations that are exempted from the
limitations in 218.204(q) and 219.204(q) to the coating operations
subject to recordkeeping requirements. Sections 218.208(e) and
219.208(e) contain sufficient recordkeeping requirements to establish
whether these exemptions have been exceeded.
In 2010 and 2011 Illinois promulgated rules on VOC RACT emission
limitations for coating operations (See November 30, 2011 proposed
approval at 76 FR 74014). During that rulemaking, the American Coatings
Association (ACA) commented to Illinois EPA that many VOC coating
regulations include a small container exemption not to exceed a liter
or a quart. The ACA stated that the basis for these exemptions is to
allow for small repairs and touch ups to existing coatings at the end
of the painting line to avoid having to completely recoat the product,
thus resulting in lower VOC emissions overall from pleasure craft
coating operations.
In direct response to the comment, EPA has determined that this
exemption will not interfere with St. Louis and Chicago attaining the
2008 ozone NAAQS for the following reasons:
(1) Illinois EPA is not aware of any subject sources in the Chicago
and Metro East (St. Louis) 2008 ozone nonattainment areas.
(2) One quart of touch up coating per day (55 gallons per year) is
a de minimis amount.
(3) The exemption is consistent with Illinois RACT rules for
similar coating operations, including can, coil, vinyl, metal
furniture, and magnet wire coatings.
(4) Illinois EPA and ACA agree that the exemption may reduce VOC
emissions by encouraging repairs and touch ups, as opposed to
performing complete re-coats.
II. What action is EPA taking
EPA is approving the State's request to add a ``small container
exemption'' for pleasure craft surface coating operations in the
Chicago and Metro-East St. Louis 8-hour ozone nonattainment areas for
the reasons stated above.
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive 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 CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 18, 2013. 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, Volatile organic compounds.
Dated: March 4, 2013.
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.
[[Page 23497]]
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2. Sec. 52.720 is amended by adding paragraph (c)(194) to read as
follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(194) On November 14, 2011, the Illinois Environmental Protection
Agency (Illinois EPA) submitted amendments to 35 Illinois
Administrative Code 218.208 and 219.208. These sections add a ``small
container exemption'' for pleasure craft surface coating operations in
the Chicago and Metro-East St. Louis 8-hour ozone nonattainment areas.
These exemptions are consistent with EPA volatile organic compound
(VOC) reasonably available control technology (RACT) policy.
(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 218: Organic Material Emission Standards and Limitations
for the Chicago Area, Subpart F: Coating Operations, Section 218.208
Exemptions From Emission Limitations; effective October 25, 2011.
(B) Part 219: Organic Material Emission Standards and Limitations
for the Metro East Area, Subpart F: Coating Operations, Section 219.208
Exemptions From Emission Limitations; effective October 25, 2011.
[FR Doc. 2013-08948 Filed 4-18-13; 8:45 am]
BILLING CODE 6560-50-P
