Approval and Promulgation of Air Quality Implementation Plans; Illinois, 70497-70499 [2013-27709]

Download as PDF Federal Register / Vol. 78, No. 228 / Tuesday, November 26, 2013 / Rules and Regulations Broadcast Notices to Mariners of the change in operating schedule for the bridge so that vessels can arrange their transits to minimize any impact caused by the temporary deviation. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: November 15, 2013. D.H. Sulouff, District Bridge Chief, Eleventh Coast Guard District. [FR Doc. 2013–28339 Filed 11–25–13; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2013–0501; FRL–9902–26– Region 5] Approval and Promulgation of Air Quality Implementation Plans; Illinois Environmental Protection Agency (EPA). ACTION: Direct Final rule. AGENCY: EPA is approving a request submitted by the Illinois Environmental Protection Agency (Illinois EPA) on July 3, 2013, to revise the Illinois state implementation plan (SIP). The submission amends the Illinois Administrative Code (IAC) by updating the definition of ‘‘Volatile organic material (VOM) or Volatile organic compound (VOC)’’ to add trans-1,3,3,3tetra-flouropropene (HFO–1234ze) to the list of compounds excluded from the definition of VOM or VOC. This revision is based on EPA’s 2012 rulemaking which added HFO–1234ze to the list of chemical compounds that are excluded from the Federal definition of VOC because of their negligible contribution to the formation of tropospheric ozone. DATES: This rule is effective January 27, 2014, unless EPA receives adverse comments by December 26, 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 No. EPA–R05– OAR–2013–0501, by one of the following methods: rmajette on DSK2TPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 14:32 Nov 25, 2013 Jkt 232001 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. E-Mail: blakley.pamela@epa.gov. 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–2013– 0501. 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 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 70497 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 Charles Hatten, Environmental Engineer, (312) 886–6031 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–6031, hatten.charles@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. This supplementary information section is arranged as follows: I. What is the background for this action? A. When did the State submit the SIP revision to EPA? B. Did Illinois hold public hearings on this SIP revision? II. What is EPA approving? III. What is EPA’s analysis of the SIP revision? IV. What action is EPA taking today? V. Statutory and Executive Order Reviews. I. What is the background for this action? A. When did the State submit the SIP revision to EPA? The Illinois EPA submitted a revision to the Illinois SIP to EPA for approval on July 3, 2013. The SIP revision updates the definition of VOM or VOC at 35 IAC Part 211, Subpart B, Section 211.7150(a). B. Did Illinois hold public hearings on this SIP revision? The Illinois Pollution Control Board (Board) held a public hearing on the proposed SIP revision on December 20, 2012. The Board received no public comments. II. What is EPA approving? EPA is approving an Illinois SIP revision that updates the definition of VOM or VOC at 35 IAC Part 211 to add HFO–1234ze to the list of excluded compounds at 35 IAC 211.7150(a). Illinois EPA took this action based on EPA’s 2012 rulemaking in which EPA E:\FR\FM\26NOR1.SGM 26NOR1 70498 Federal Register / Vol. 78, No. 228 / Tuesday, November 26, 2013 / Rules and Regulations determined that this compound has negligible photochemical reactivity in the formation of tropospheric ozone, and thus, should be excluded from the definition of VOC codified at 40 CFR 51.100(s). (See 77 FR 37614, June 22, 2012.) rmajette on DSK2TPTVN1PROD with RULES III. What is EPA’s analysis of the SIP revision? In 2009, EPA received a petition asking EPA to exempt HFO–1234ze from the definition of VOC. Based on the level of reactivity of this chemical compound, EPA concluded that this compound makes a negligible contribution to tropospheric ozone formation (77 FR 37610, June 22, 2012). Therefore, on June 22, 2012, EPA amended 40 CFR 51.100(s)(1) to exclude HFO–1234ze from the definition of VOC for purposes of preparing SIPs to attain the national ambient air quality standard for ozone under title I of the Clean Air Act (77 FR 37610). EPA’s action became effective on July 23, 2012. Illinois EPA’s SIP revision is consistent with EPA’s action amending the definition of VOC at 40 CFR 51.100(s). IV. What action is EPA taking today? EPA is approving a revision to the Illinois SIP which is consistent with EPA’s 2012 action revising the definition of VOC. The Illinois SIP revision adds HFO–1234ze to the list of chemical compounds considered exempt from the definition of VOM or VOC at 35 IAC 211.7150(a). We are publishing this action without prior proposal because we view this as a noncontroversial amendment and anticipate no adverse comments. However, in the proposed rules section of this Federal Register publication, we are publishing a separate document that will serve as the proposal to approve the state plan if relevant adverse written comments are filed. This rule will be effective January 27, 2014 without further notice unless we receive relevant adverse written comments by December 26, 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. The EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, VerDate Mar<15>2010 14:32 Nov 25, 2013 Jkt 232001 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 January 27, 2014. V. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Clean Air Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 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 January 27, 2014. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today’s Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Ozone, Volatile organic compound. Dated: October 17, 2013. Susan Hedman, Regional Administrator, Region 5. 40 CFR part 52 is amended as follows: E:\FR\FM\26NOR1.SGM 26NOR1 Federal Register / Vol. 78, No. 228 / Tuesday, November 26, 2013 / Rules and Regulations Effective December 5, 2013, except for amendments to 47 CFR 1.30002, 1.30003, 1.30004, 73.875, 73.1675, and 73.1690, which contain new and revised information collection requirements that have not been approved by the Office of Management and Budget (OMB). The Commission will publish a document in the Federal Register announcing the effective date. Applicability date: The applicability date of the amendments to 47 CFR 1.30000, 1.30001, 22.371, 27.63, 73.45, 73.316, 73.685, 73.1692, 73.6025, and 74.1237 is indefinitely delayed. The FCC will publish a document in the Federal Register announcing the applicability date. FOR FURTHER INFORMATION CONTACT: Peter Doyle, Chief, Media Bureau, Audio Division, (202) 418–2700 or Peter.Doyle@fcc.gov; or Susan Crawford, Assistant Division Chief, Media Bureau, Audio Division, (202) 418–2700 or Susan.Crawford@fcc.gov. SUPPLEMENTARY INFORMATION: This document makes the following correction to the final rules published November 5, 2013, 78 FR 66288 in FR Doc. 2013–24139: On page 66295, correct amendatory instruction 2 and its corresponding subpart heading to read as follows: ■ 2. Add Subpart BB to part 1, to read as follows: notice is consistent with the Fifth Report and Order, which stated that the Commission would publish a document in the Federal Register announcing the effective date of those rules. DATES: 47 CFR 90.187 and 47 CFR 90.425 published at 78 FR 28749, May 16, 2013, are effective November 26, 2013. Subpart BB—Disturbance of AM Broadcast Station Antenna Patterns Synopsis DATES: 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. 2. Section 52.720 is amended by adding paragraph (c)(197) to read as follows: ■ § 52.720 Identification of plan. * * * * * (c) * * * (197) On July 3, 2013, Illinois submitted revised regulations that are consistent with 40 CFR 51.100(s)(1). The compound trans-1,3,3,3-tetraflouropropene (HFO–1234ze) was added to the list of negligibly reactive compounds excluded from the definition of ‘‘Volatile Organic Material (VOM)’’ or ‘‘Volatile Organic Compound (VOC)’’ at 35 IAC 211.7150(a). (i) Incorporation by reference. Illinois Administrative Code Title 35: Environmental Protection; Subtitle B: Air Pollution; ChapterI: Pollution Control Board; Subchapter C: Emission Standards and Limitations for Stationary Sources; Part 211: Definitions and General Provisions, Section 211.7150: Volatile Organic Matter (VOM) or Volatile Organic Compound (VOC), Subsection 211.7150(a). Effective February 4, 2013. [FR Doc. 2013–27709 Filed 11–25–13; 8:45 am] BILLING CODE 6560–50–P * * * * * FEDERAL COMMUNICATIONS COMMISSION Federal Communications Commission. Marlene H. Dortch, Secretary 47 CFR Parts 1, 22, 27, 73, and 74 [FR Doc. 2013–28234 Filed 11–25–13; 8:45 am] [MM Docket No. 93–177; FCC 13–115] BILLING CODE 6712–01–P An Inquiry Into the Commission’s Policies and Rules Regarding AM Radio Service Directional Antenna Performance Verification FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 90 Federal Communications Commission. ACTION: Final rule; correction. AGENCY: rmajette on DSK2TPTVN1PROD with RULES [WP Docket No. 07–100; FCC 13–52] The Federal Communications Commission (Commission) is correcting final rules that appeared in the Federal Register of 78 FR 66288, November 5, 2013. The document issued final rules that establish a single protection scheme for tower construction and modification near AM tower arrays and designate ‘‘moment method’’ computer modeling as the principal means of determining whether a nearby tower affects an AM radiation pattern. This correction makes no change to the substance of the rules. SUMMARY: VerDate Mar<15>2010 14:32 Nov 25, 2013 Jkt 232001 70499 Private Land Mobile Radio Stations Below 800 MHz Final rule; announcement of effective date. SUMMARY: In this document, the Commission announces the approval of the Commission’s revised rules in the Fifth Report and Order, WP Docket No. 07–100, FCC 13–52, to the extent it contained information collection requirements that required approval by the Office of Management and Budget (OMB). These requirements were approved on October 28, 2013. This AGENCY: PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 Scot Stone, Federal Communications Commission, Wireless Telecommunications Bureau, 445 12th St. SW., Washington, DC 20554 at (202) 418–0638. SUPPLEMENTARY INFORMATION: This document announces that on, May 16, 2013, OMB approved, for a period of three years, the revised information collection requirements relating to the Amendment of part 90 of the Commission’s rules, FCC 13–52, published at 78 FR 28749, May 16, 2013. The OMB control number 3060– 0599. The Commission publishes this notice as an announcement of the effective date of the rules. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to fcc504@ fcc.gov or call the Consumer and Governmental Affairs Bureau at (202) 418–0530 (voice), (202) 418–0432 (TTY). FOR FURTHER INFORMATION CONTACT: As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), the FCC is notifying the public that it received final OMB approval on October 28, 2013, for the information collection requirements contained in the modifications to the Commission’s rules in 47 CFR part 90. Under 5 CFR part 1320, an agency may not conduct or sponsor a collection of information unless it displays a current, valid OMB Control Number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a current, valid OMB Control Number. The OMB Control Number is 3060–0599. The foregoing notice is required by the Paperwork Reduction Act of 1995, Public Law 104–13, October 1, 1995, and 44 U.S.C. 3507. The total annual reporting burdens and costs for the respondents are as follows: OMB Control Number: 3060–0599. OMB Approval Date: October 28, 2013. OMB Expiration Date: October 31, 2016. E:\FR\FM\26NOR1.SGM 26NOR1

Agencies

[Federal Register Volume 78, Number 228 (Tuesday, November 26, 2013)]
[Rules and Regulations]
[Pages 70497-70499]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27709]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2013-0501; FRL-9902-26-Region 5]


Approval and Promulgation of Air Quality Implementation Plans; 
Illinois

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is approving a request submitted by the Illinois 
Environmental Protection Agency (Illinois EPA) on July 3, 2013, to 
revise the Illinois state implementation plan (SIP). The submission 
amends the Illinois Administrative Code (IAC) by updating the 
definition of ``Volatile organic material (VOM) or Volatile organic 
compound (VOC)'' to add trans-1,3,3,3-tetra-flouropropene (HFO-1234ze) 
to the list of compounds excluded from the definition of VOM or VOC. 
This revision is based on EPA's 2012 rulemaking which added HFO-1234ze 
to the list of chemical compounds that are excluded from the Federal 
definition of VOC because of their negligible contribution to the 
formation of tropospheric ozone.

DATES: This rule is effective January 27, 2014, unless EPA receives 
adverse comments by December 26, 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 No. EPA-R05-
OAR-2013-0501, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-Mail: blakley.pamela@epa.gov.
    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-
2013-0501. 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 Charles Hatten, Environmental Engineer, 
(312) 886-6031 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-6031, hatten.charles@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. What is the background for this action?
    A. When did the State submit the SIP revision to EPA?
    B. Did Illinois hold public hearings on this SIP revision?
II. What is EPA approving?
III. What is EPA's analysis of the SIP revision?
IV. What action is EPA taking today?
V. Statutory and Executive Order Reviews.

I. What is the background for this action?

A. When did the State submit the SIP revision to EPA?

    The Illinois EPA submitted a revision to the Illinois SIP to EPA 
for approval on July 3, 2013. The SIP revision updates the definition 
of VOM or VOC at 35 IAC Part 211, Subpart B, Section 211.7150(a).

B. Did Illinois hold public hearings on this SIP revision?

    The Illinois Pollution Control Board (Board) held a public hearing 
on the proposed SIP revision on December 20, 2012. The Board received 
no public comments.

II. What is EPA approving?

    EPA is approving an Illinois SIP revision that updates the 
definition of VOM or VOC at 35 IAC Part 211 to add HFO-1234ze to the 
list of excluded compounds at 35 IAC 211.7150(a). Illinois EPA took 
this action based on EPA's 2012 rulemaking in which EPA

[[Page 70498]]

determined that this compound has negligible photochemical reactivity 
in the formation of tropospheric ozone, and thus, should be excluded 
from the definition of VOC codified at 40 CFR 51.100(s). (See 77 FR 
37614, June 22, 2012.)

III. What is EPA's analysis of the SIP revision?

    In 2009, EPA received a petition asking EPA to exempt HFO-1234ze 
from the definition of VOC. Based on the level of reactivity of this 
chemical compound, EPA concluded that this compound makes a negligible 
contribution to tropospheric ozone formation (77 FR 37610, June 22, 
2012). Therefore, on June 22, 2012, EPA amended 40 CFR 51.100(s)(1) to 
exclude HFO-1234ze from the definition of VOC for purposes of preparing 
SIPs to attain the national ambient air quality standard for ozone 
under title I of the Clean Air Act (77 FR 37610). EPA's action became 
effective on July 23, 2012. Illinois EPA's SIP revision is consistent 
with EPA's action amending the definition of VOC at 40 CFR 51.100(s).

IV. What action is EPA taking today?

    EPA is approving a revision to the Illinois SIP which is consistent 
with EPA's 2012 action revising the definition of VOC. The Illinois SIP 
revision adds HFO-1234ze to the list of chemical compounds considered 
exempt from the definition of VOM or VOC at 35 IAC 211.7150(a).
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the state plan if relevant adverse 
written comments are filed. This rule will be effective January 27, 
2014 without further notice unless we receive relevant adverse written 
comments by December 26, 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. The EPA will not institute a second 
comment period. Any parties interested in commenting on this action 
should do so at this time. Please note that if EPA receives adverse 
comment on an amendment, paragraph, or section of this rule and if that 
provision may be severed from the remainder of the rule, EPA may adopt 
as final those provisions of the rule that are not the subject of an 
adverse comment. If we do not receive any comments, this action will be 
effective January 27, 2014.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Clean Air Act 
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the 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 January 27, 2014. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Ozone, Volatile organic compound.

    Dated: October 17, 2013.
Susan Hedman,
Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

[[Page 70499]]

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.


0
2. Section 52.720 is amended by adding paragraph (c)(197) to read as 
follows:


Sec.  52.720  Identification of plan.

* * * * *
    (c) * * *
    (197) On July 3, 2013, Illinois submitted revised regulations that 
are consistent with 40 CFR 51.100(s)(1). The compound trans-1,3,3,3-
tetra-flouropropene (HFO-1234ze) was added to the list of negligibly 
reactive compounds excluded from the definition of ``Volatile Organic 
Material (VOM)'' or ``Volatile Organic Compound (VOC)'' at 35 IAC 
211.7150(a).
    (i) Incorporation by reference. Illinois Administrative Code Title 
35: Environmental Protection; Subtitle B: Air Pollution; ChapterI: 
Pollution Control Board; Subchapter C: Emission Standards and 
Limitations for Stationary Sources; Part 211: Definitions and General 
Provisions, Section 211.7150: Volatile Organic Matter (VOM) or Volatile 
Organic Compound (VOC), Subsection 211.7150(a). Effective February 4, 
2013.

[FR Doc. 2013-27709 Filed 11-25-13; 8:45 am]
BILLING CODE 6560-50-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.