Approval and Promulgation of Air Quality Implementation Plans; Illinois; Consumer Products and AIM Rules, 26258-26261 [2013-09301]
Download as PDF
26258
Federal Register / Vol. 78, No. 87 / Monday, May 6, 2013 / Rules and Regulations
EPA-APPROVED REGULATIONS IN THE TEXAS SIP—Continued
State
approval/
submittal date
State citation
Title/subject
Section 114.315 ............
Approved Test Methods ..................
8/22/12
Section 114.316 ............
Monitoring, Recordkeeping, and Reporting Requirements.
Exemptions to Low Emission Diesel
Requirements.
Alternative Emission Reduction
Plan.
Affected Counties and Compliance
Dates.
8/22/12
Section 114.317 ............
Section 114.318 ............
Section 114.319 ............
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8/22/12
8/22/12
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[FR Doc. 2013–10546 Filed 5–3–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2012–0650; FRL–9809–1]
Approval and Promulgation of Air
Quality Implementation Plans; Indiana;
Consent Decree Requirements
Environmental Protection
Agency (EPA).
ACTION: Withdrawal of direct final rule.
AGENCY:
Due to the receipt of an
adverse comment, EPA is withdrawing
the March 15, 2013, direct final rule
approving a revision to the Indiana State
Implementation Plan (SIP). EPA will
address the comment in a subsequent
final action based upon the proposed
rulemaking action, also published on
March 15, 2013. EPA will not institute
a second comment period on this action.
DATES: The direct final rule published at
78 FR 16412 on March 15, 2013, is
withdrawn as of May 6, 2013.
FOR FURTHER INFORMATION CONTACT: Sam
Portanova, Environmental Engineer, Air
Permits Section, Air Programs Branch
(AR–18J), Environmental Protection
Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,
(312) 886–3189,
portanova.sam@epa.gov.
SUMMARY:
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8/22/12
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Explanation
number where
number where
number where
number where
number where
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adverse comments were received by
April 15, 2013, the rule would be
withdrawn and not take effect. On
March 18, 2013, EPA received a
comment, which it interprets as adverse
and, therefore, EPA is withdrawing the
direct final rule. EPA will address the
comment in a subsequent final action
based upon the proposed rulemaking
action, also published on March 15,
2013 (78 FR 16449). EPA will not
institute a second comment period on
this action.
ENVIRONMENTAL PROTECTION
AGENCY
List of Subjects in 40 CFR Part 52
ACTION:
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 22, 2013.
Susan Hedman,
Regional Administrator, Region 5.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Accordingly, the amendment to 40
CFR 52.770 published in the Federal
Register on March 15, 2013 (78 FR
16412) on page 16414 is withdrawn as
of May 6, 2013.
■
[FR Doc. 2013–10690 Filed 5–3–13; 8:45 am]
BILLING CODE 6560–50–P
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40 CFR Part 52
[EPA–R05–OAR–2010–0394; EPA–R05–
OAR–2012–0786; FRL–9786–2]
Approval and Promulgation of Air
Quality Implementation Plans; Illinois;
Consumer Products and AIM Rules
Environmental Protection
Agency (EPA).
AGENCY:
Direct final rule.
EPA is approving a revision to
the Illinois State Implementation Plan
(SIP). This approval resolves the issues
raised in the June 7, 2012, conditional
approval of Illinois’ rules. EPA is also
approving volatile organic compound
(VOC) content limits and associated
provisions for additional consumer
products categories into the state’s SIP.
Finally, EPA is approving language to
clarify VOC limit applicability for
architectural and industrial
maintenance (AIM) coatings into the
Illinois SIP.
SUMMARY:
This direct final rule will be
effective July 5, 2013, unless EPA
receives adverse comments by June 5,
2013. 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.
DATES:
Submit your comments,
identified by Docket ID Nos. EPA–R05–
OAR–2010–0394, EPA–R05–OAR–
2012–0786, by one of the following
methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: blakley.pamela@epa.gov.
ADDRESSES:
EPA is
withdrawing the March 15, 2013 (78 FR
16412), direct final rule approving a
revision to Indiana’s construction
permit rule for sources subject to the
state operating permit program
regulations at 40 CFR Part 70. In the
direct final rule, EPA stated that if
16:33 May 03, 2013
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SUPPLEMENTARY INFORMATION:
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3. Fax: (312) 692–2450.
4. Mail: Pamela Blakley, Chief,
Control Strategies Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley,
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–
0394. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
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15:01 May 03, 2013
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available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Anthony
Maietta, Environmental Protection
Specialist, at (312) 353–8777 before
visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Anthony Maietta, Environmental
Protection Specialist, Control Strategies
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–8777,
maietta.anthony@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. Background
II. Contents of Illinois’ Submittal
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. Background
Consumer products encompass a wide
array of sprays, gels, cleaners,
adhesives, and other chemically
formulated products that are purchased
for personal or institutional use and that
emit VOCs through their use,
consumption, storage, disposal,
destruction, or decomposition. AIM
coatings are generally paints, varnishes,
and other similar materials that are
meant for use on external surfaces of
buildings, pavements and other outside
structures. On April 7, 2010, the Illinois
Environmental Protection Agency
(IEPA) submitted a request for EPA to
approve Part 223 of Title 35 of the
Illinois Administrative Code (35 IAC
Part 223), titled, ‘‘Standards and
limitations for Organic Material
Emissions for Area Sources’’, into the
Illinois SIP. On June 7, 2012, EPA
published a final action approving
Illinois’ consumer products and AIM
rules into the State’s SIP (77 FR 33659).
In our June 7, 2012, rulemaking, we
conditionally approved portions of
IEPA’s submittal, based upon the State’s
September 2, 2011, letter to EPA
committing to correct the noted
deficiencies by July 9, 2013. On
September 14, 2012, IEPA submitted a
revision to 35 IAC Part 223 correcting
the paragraphs that EPA conditionally
approved in our June 7, 2012, action.
Illinois’ September 14, 2012,
submittal requested that EPA approve
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VOC limits for additional categories of
consumer products, as well as a
compliance deadline and impurities
provisions for these product categories.
Illinois’ submittal also requested EPA to
approve a revision to 35 IAC Part 223
to clarify applicability of the AIM VOC
limits.
II. Contents of Illinois’ Submittal
As noted above, on June 7, 2012, EPA
conditionally approved four paragraphs
of 35 IAC Part 223, noting deficiencies
in the state rules. The four specific
provisions containing these deficiencies
were 35 IAC 223.205(6)(A), 35 IAC
223.205(6)(B), 35 IAC 223.205(17)(A),
and 35 IAC 223.205(17)(B). These
paragraphs displayed incorrectly
labeled high-volatility and mediumvolatility organic material limits. Based
on our review of the September 14,
2012, submittal, IEPA has corrected the
deficiencies within the prescribed time
frame. We are converting the
conditional approval to full approval.
IEPA also requested that EPA
approve, into the Illinois SIP,
adjustments to 35 IAC Part 223, as
discussed below.
35 IAC Part 223, ‘‘STANDARDS AND
LIMITATIONS FOR ORGANIC
MATERIAL EMISSIONS FOR AREA
SOURCES’’
Subpart B: Consumer and Consumer
Products
IEPA added section 223.211
‘‘Requirements for Adhesive Removers,
Aerosol Adhesives, Contact Adhesives,
Electrical Cleaners, Electronic Cleaners,
Footwear or leather Care Products,
General Purpose Degreasers, and Graffiti
Removers’’ to the table of contents of
Subpart B. The addition is approvable
into the Illinois SIP.
35 IAC Part 223.201, ‘‘Applicability’’
IEPA added the phrase ‘‘unless
another date is specified’’ to the
applicability of 35 IAC Part 223 because
the new product categories added to this
rule were added after the rule’s original
applicability date. The new
applicability date for the additional
product categories (July 1, 2012) is
specified in section 223.305 of the rule.
This addition is approvable into the
Illinois SIP.
35 IAC Part 223.203, ‘‘Definitions for
Subpart B’’
IEPA amended the definition of
‘‘Existing Product’’ to remove the
specific applicability date of July 1,
2009, and added the phrase ‘‘the
effective date in Section 223.205’’ in its
place. This is an approvable amendment
because both the July 1, 2009 (for
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product categories that were affected by
the rule as approved by EPA at 77 FR
33659), and July 1, 2012 (for product
categories affected by IEPA’s latest
amendments to the rule), effective dates
are clearly stated in section 223.205 of
Illinois’ rule.
IEPA added the definition of ‘‘Vinyl/
Fabric/Leather/Polycarbonate Coating’’
to this section. The definition is
consistent with the Ozone Transport
Commission (OTC) model rule, and
therefore, is approvable into the Illinois
SIP.
Section 223.205, ‘‘Standards’’
IEPA requested EPA to approve the
addition of new product categories,
VOC limits for the products in these
categories, and their associated
applicability date at 35 IAC Part
223.205. IEPA amended the numeric
order of the standards list in order to
incorporate the new product categories.
Specifically, the new product categories
added to 35 IAC Part 223.205 (with
subcategories listed in parenthesis) are:
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—Adhesive Removers (floor or wall
covering, gasket or thread locking,
general purpose, and specialty),
—Anti-static Product, Non-Aerosol
—Contact Adhesives (general purpose
and special purpose),
—Electrical Cleaner,
—Electronic Cleaner,
—Fabric Refresher (aerosol and nonaerosol),
—Footwear or Leather Care Products
(aerosol, solid, and other forms),
—Graffiti Remover (aerosol and nonaerosol),
—Hair Styling Products (aerosol and
pump sprays, and all other forms),
—Shaving Gel, and
—Wood Cleaner (aerosol and nonaerosol).
The VOC limits for these additional
consumer products categories are at
least as stringent as the VOC limits
contained in EPA’s national consumer
products rule (‘‘National Volatile
Organic Compound Emission Limits for
Consumer Products,’’ 40 CFR 59,
subpart C), and mirror the VOC limits
contained in the model consumer
products rule created by the OTC.
Therefore, these additions are
approvable into the Illinois SIP. It
should be noted that while Illinois is
not an OTC member state, they have
voluntarily chosen to adopt these VOC
limits to create more consistency in
regional and national markets for
consumer products.
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Section 223.211, ‘‘Requirements for
Adhesive Removers, Aerosol
Adhesives, Contact Adhesives,
Electrical Cleaners, Electronic Cleaners,
Footwear or Leather Care Products,
General Purpose Degreasers, and
Graffiti Removers’’.
This new section in Illinois’ rule
prohibits the sale of the aforementioned
products after July 1, 2012, if they
contain methylene chloride,
perchloroethylene, or trichloroethylene.
This section also allows for the sale of
the aforementioned products that may
contain methylene chloride,
perchloroethylene, or trichloroethylene,
but only if the compounds are present
as impurities in a combined amount
equal to or less than 0.01 percent by
weight. This section mirrors the OTC
model rule, and is therefore approvable
into the Illinois SIP.
Subpart C: Architectural and Industrial
Maintenance Coatings
Section 223.305, ‘‘Applicability’’
IEPA amended paragraph (c) of this
section to clarify that the volume of
architectural coating in a container shall
be considered the total volume of
coating that is packaged as a unit for
retail sale or for use by the consumer.
This revision helps ensure that sellers of
AIM coatings in Illinois comply with
the VOC content limits contained in 35
IAC Part 223. Because this amendment
makes clear that a seller cannot simply
sell multiple small containers of an AIM
coating (where each container contains
a volume less than the amount that
would trigger compliance with an AIM
VOC limit), it strengthens compliance
with the rule, and is approvable into the
Illinois SIP.
III. What action is EPA taking?
EPA is approving a revision to the
Illinois SIP, converting the June 7, 2012,
conditional approved to full approval.
EPA is also approving the requested
amendments and additions to the
Illinois SIP at 35 IAC Part 223 contained
in Illinois’ September 14, 2012,
submittal. 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 July 5, 2013 without further
notice unless we receive relevant
adverse written comments by June 5,
2013. If we receive such comments, we
will withdraw this action before the
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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. 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
July 5, 2013.
IV. 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
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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
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 July 5, 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. 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).)
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List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
[Removed and reserved]
2. Remove and reserve § 52.719.
3. Section 52.720 is amended by
revising paragraph (c)(191) to read as
follows:
■
§ 52.720
Identification of plan.
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(c) * * *
(191) On September 14, 2012, Illinois
submitted an amendment to its State
Implementation Plan at 35 Illinois
Administrative Code Part 223, which
adds new consumer product categories
and VOC limits for these products in
Subpart B, and amends Subpart C to
clarify applicability. 35 IAC Part 223
limits the amount of volatile organic
compounds from consumer products
and architectural and industrial
maintenance coatings.
(i) Incorporation by reference.
(A) Illinois Administrative Code; Title
35: Environmental Protection; Subtitle
B: Air Pollution; Chapter I: Pollution
Control Board; Subchapter c: Emission
Standards and Limitation for Stationary
Sources; Part 223: Standards and
Limitations for Organic material
Emissions for Area Sources, effective
May 4, 2012.
(B) Reserved.
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47 CFR Parts 51, 54, and 69
[WC Docket No. 10–90, CC Docket No. 01–
92, WC Docket No. 12–63, Transmittal Nos.
41, 28, and 57; DA 13–564]
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the Federal
Communications Commission’s
Wireline Competition Bureau clarifies
and corrects certain provisions of the
Commission’s rules in response to
recent petitions and other requests for
clarification or correction of the new
rules adopted as part of Universal
Service Fund intercarrier compensation
transformation reforms and also grants a
limited waiver of the Commission’s
rules to address administrative concerns
and rule inconsistencies.
DATES: Effective June 5, 2013.
FOR FURTHER INFORMATION CONTACT:
Robin Cohn, Wireline Competition
Bureau, Pricing Policy Division (202)
418–1520 or (202) 418–0484 (TTY); or
Christopher S. Koves, Wireline
Competition Bureau, Pricing Policy
Division, (202) 418–1520 or (202) 418–
0484 (TTY).
SUPPLEMENTARY INFORMATION: This is a
summary of the Wireline Competition
Bureau’s Order in WC Docket No. 10–
90, CC Docket No. 01–92, WC Docket
No. 12–63, Transmittal Nos. 41, 28, and
57, DA 13–564, adopted and released on
March 27, 2013. The full text of this
document is available electronically via
ECFS at https://fjallfoss.fcc.gov/ecfs/or
may be downloaded at https://
hraunfoss.fcc.gov/edocs_public/
attachmatch/DA-13-564A1.pdf. The full
text of this document is also available
for public inspection during regular
business hours in the FCC Reference
Center, 445 12th Street SW., Room CY–
A257, Washington, DC 20554. The
complete text may be purchased from
the Commission’s copy contractor, Best
Copy and Printing, Inc. (BCPI), 445 12th
Street SW., Room CY–B402,
Washington, DC 20554, (202) 488–5300
(voice) or (202) 488–5563 (facsimile) or
via email at fcc@bcpiweb.com. To
request materials in accessible formats
for people with disabilities (e.g. braille,
large print, electronic files, audio
format, etc.) or to request reasonable
accommodations (e.g. accessible format
documents, sign language interpreters,
SUMMARY:
■
■
FEDERAL COMMUNICATIONS
COMMISSION
Connect America Fund; Developing a
Unified Intercarrier Compensation
Regime
Dated: February 13, 2013.
Susan Hedman,
Regional Administrator, Region 5.
§ 52.719
26261
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Agencies
[Federal Register Volume 78, Number 87 (Monday, May 6, 2013)]
[Rules and Regulations]
[Pages 26258-26261]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09301]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2010-0394; EPA-R05-OAR-2012-0786; FRL-9786-2]
Approval and Promulgation of Air Quality Implementation Plans;
Illinois; Consumer Products and AIM Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a revision to the Illinois State
Implementation Plan (SIP). This approval resolves the issues raised in
the June 7, 2012, conditional approval of Illinois' rules. EPA is also
approving volatile organic compound (VOC) content limits and associated
provisions for additional consumer products categories into the state's
SIP. Finally, EPA is approving language to clarify VOC limit
applicability for architectural and industrial maintenance (AIM)
coatings into the Illinois SIP.
DATES: This direct final rule will be effective July 5, 2013, unless
EPA receives adverse comments by June 5, 2013. 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 Nos. EPA-R05-
OAR-2010-0394, EPA-R05-OAR-2012-0786, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: blakley.pamela@epa.gov.
[[Page 26259]]
3. Fax: (312) 692-2450.
4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley, 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-
2010-0394. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the 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 Anthony Maietta, Environmental
Protection Specialist, at (312) 353-8777 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental
Protection Specialist, Control Strategies Section, Air Programs Branch
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-8777,
maietta.anthony@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. Background
II. Contents of Illinois' Submittal
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. Background
Consumer products encompass a wide array of sprays, gels, cleaners,
adhesives, and other chemically formulated products that are purchased
for personal or institutional use and that emit VOCs through their use,
consumption, storage, disposal, destruction, or decomposition. AIM
coatings are generally paints, varnishes, and other similar materials
that are meant for use on external surfaces of buildings, pavements and
other outside structures. On April 7, 2010, the Illinois Environmental
Protection Agency (IEPA) submitted a request for EPA to approve Part
223 of Title 35 of the Illinois Administrative Code (35 IAC Part 223),
titled, ``Standards and limitations for Organic Material Emissions for
Area Sources'', into the Illinois SIP. On June 7, 2012, EPA published a
final action approving Illinois' consumer products and AIM rules into
the State's SIP (77 FR 33659). In our June 7, 2012, rulemaking, we
conditionally approved portions of IEPA's submittal, based upon the
State's September 2, 2011, letter to EPA committing to correct the
noted deficiencies by July 9, 2013. On September 14, 2012, IEPA
submitted a revision to 35 IAC Part 223 correcting the paragraphs that
EPA conditionally approved in our June 7, 2012, action.
Illinois' September 14, 2012, submittal requested that EPA approve
VOC limits for additional categories of consumer products, as well as a
compliance deadline and impurities provisions for these product
categories. Illinois' submittal also requested EPA to approve a
revision to 35 IAC Part 223 to clarify applicability of the AIM VOC
limits.
II. Contents of Illinois' Submittal
As noted above, on June 7, 2012, EPA conditionally approved four
paragraphs of 35 IAC Part 223, noting deficiencies in the state rules.
The four specific provisions containing these deficiencies were 35 IAC
223.205(6)(A), 35 IAC 223.205(6)(B), 35 IAC 223.205(17)(A), and 35 IAC
223.205(17)(B). These paragraphs displayed incorrectly labeled high-
volatility and medium-volatility organic material limits. Based on our
review of the September 14, 2012, submittal, IEPA has corrected the
deficiencies within the prescribed time frame. We are converting the
conditional approval to full approval.
IEPA also requested that EPA approve, into the Illinois SIP,
adjustments to 35 IAC Part 223, as discussed below.
35 IAC Part 223, ``STANDARDS AND LIMITATIONS FOR ORGANIC MATERIAL
EMISSIONS FOR AREA SOURCES''
Subpart B: Consumer and Consumer Products
IEPA added section 223.211 ``Requirements for Adhesive Removers,
Aerosol Adhesives, Contact Adhesives, Electrical Cleaners, Electronic
Cleaners, Footwear or leather Care Products, General Purpose
Degreasers, and Graffiti Removers'' to the table of contents of Subpart
B. The addition is approvable into the Illinois SIP.
35 IAC Part 223.201, ``Applicability''
IEPA added the phrase ``unless another date is specified'' to the
applicability of 35 IAC Part 223 because the new product categories
added to this rule were added after the rule's original applicability
date. The new applicability date for the additional product categories
(July 1, 2012) is specified in section 223.305 of the rule. This
addition is approvable into the Illinois SIP.
35 IAC Part 223.203, ``Definitions for Subpart B''
IEPA amended the definition of ``Existing Product'' to remove the
specific applicability date of July 1, 2009, and added the phrase ``the
effective date in Section 223.205'' in its place. This is an approvable
amendment because both the July 1, 2009 (for
[[Page 26260]]
product categories that were affected by the rule as approved by EPA at
77 FR 33659), and July 1, 2012 (for product categories affected by
IEPA's latest amendments to the rule), effective dates are clearly
stated in section 223.205 of Illinois' rule.
IEPA added the definition of ``Vinyl/Fabric/Leather/Polycarbonate
Coating'' to this section. The definition is consistent with the Ozone
Transport Commission (OTC) model rule, and therefore, is approvable
into the Illinois SIP.
Section 223.205, ``Standards''
IEPA requested EPA to approve the addition of new product
categories, VOC limits for the products in these categories, and their
associated applicability date at 35 IAC Part 223.205. IEPA amended the
numeric order of the standards list in order to incorporate the new
product categories. Specifically, the new product categories added to
35 IAC Part 223.205 (with subcategories listed in parenthesis) are:
--Adhesive Removers (floor or wall covering, gasket or thread locking,
general purpose, and specialty),
--Anti-static Product, Non-Aerosol
--Contact Adhesives (general purpose and special purpose),
--Electrical Cleaner,
--Electronic Cleaner,
--Fabric Refresher (aerosol and non-aerosol),
--Footwear or Leather Care Products (aerosol, solid, and other forms),
--Graffiti Remover (aerosol and non-aerosol),
--Hair Styling Products (aerosol and pump sprays, and all other forms),
--Shaving Gel, and
--Wood Cleaner (aerosol and non-aerosol).
The VOC limits for these additional consumer products categories
are at least as stringent as the VOC limits contained in EPA's national
consumer products rule (``National Volatile Organic Compound Emission
Limits for Consumer Products,'' 40 CFR 59, subpart C), and mirror the
VOC limits contained in the model consumer products rule created by the
OTC. Therefore, these additions are approvable into the Illinois SIP.
It should be noted that while Illinois is not an OTC member state, they
have voluntarily chosen to adopt these VOC limits to create more
consistency in regional and national markets for consumer products.
Section 223.211, ``Requirements for Adhesive Removers, Aerosol
Adhesives, Contact Adhesives, Electrical Cleaners, Electronic Cleaners,
Footwear or Leather Care Products, General Purpose Degreasers, and
Graffiti Removers''.
This new section in Illinois' rule prohibits the sale of the
aforementioned products after July 1, 2012, if they contain methylene
chloride, perchloroethylene, or trichloroethylene. This section also
allows for the sale of the aforementioned products that may contain
methylene chloride, perchloroethylene, or trichloroethylene, but only
if the compounds are present as impurities in a combined amount equal
to or less than 0.01 percent by weight. This section mirrors the OTC
model rule, and is therefore approvable into the Illinois SIP.
Subpart C: Architectural and Industrial Maintenance Coatings
Section 223.305, ``Applicability''
IEPA amended paragraph (c) of this section to clarify that the
volume of architectural coating in a container shall be considered the
total volume of coating that is packaged as a unit for retail sale or
for use by the consumer. This revision helps ensure that sellers of AIM
coatings in Illinois comply with the VOC content limits contained in 35
IAC Part 223. Because this amendment makes clear that a seller cannot
simply sell multiple small containers of an AIM coating (where each
container contains a volume less than the amount that would trigger
compliance with an AIM VOC limit), it strengthens compliance with the
rule, and is approvable into the Illinois SIP.
III. What action is EPA taking?
EPA is approving a revision to the Illinois SIP, converting the
June 7, 2012, conditional approved to full approval. EPA is also
approving the requested amendments and additions to the Illinois SIP at
35 IAC Part 223 contained in Illinois' September 14, 2012, submittal.
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 July 5, 2013
without further notice unless we receive relevant adverse written
comments by June 5, 2013. 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. 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 July 5, 2013.
IV. 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
[[Page 26261]]
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 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 July 5, 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. 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, Intergovernmental relations, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: February 13, 2013.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Sec. 52.719 [Removed and reserved]
0
2. Remove and reserve Sec. 52.719.
0
3. Section 52.720 is amended by revising paragraph (c)(191) to read as
follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(191) On September 14, 2012, Illinois submitted an amendment to its
State Implementation Plan at 35 Illinois Administrative Code Part 223,
which adds new consumer product categories and VOC limits for these
products in Subpart B, and amends Subpart C to clarify applicability.
35 IAC Part 223 limits the amount of volatile organic compounds from
consumer products and architectural and industrial maintenance
coatings.
(i) Incorporation by reference.
(A) Illinois Administrative Code; Title 35: Environmental
Protection; Subtitle B: Air Pollution; Chapter I: Pollution Control
Board; Subchapter c: Emission Standards and Limitation for Stationary
Sources; Part 223: Standards and Limitations for Organic material
Emissions for Area Sources, effective May 4, 2012.
(B) Reserved.
* * * * *
[FR Doc. 2013-09301 Filed 5-3-13; 8:45 am]
BILLING CODE 6560-50-P