Approval and Promulgation of Air Quality Implementation Plans; Illinois; VOM Definition, 9202-9204 [2015-03450]
Download as PDF
9202
*
*
Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Rules and Regulations
*
*
*
[FR Doc. 2015–03180 Filed 2–19–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2014–0504; FRL–9921–44–
Region 5]
Approval and Promulgation of Air
Quality Implementation Plans; Illinois;
VOM Definition
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a request
submitted by the Illinois Environmental
Protection Agency (Illinois EPA) on
June 10, 2014, 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 five
compounds to the list of exempted
compounds. These revisions are based
on EPA rulemakings in 2013 which
added these compounds to the list of
chemical compounds that are excluded
from the Federal definition of VOC
because, in their intended uses, they
make negligible contributions to
tropospheric ozone formation.
DATES: This direct final rule will be
effective April 21, 2015, unless EPA
receives adverse comments by March
23, 2015. 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–2014–0504, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: Aburano.Douglas@epa.gov.
3. Fax: (312)408–2279
4. Mail: Douglas Aburano, Chief,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
U.S. Environmental Protection Agency,
77 West Jackson Boulevard, Chicago,
Illinois 60604.
5. Hand Delivery: Douglas Aburano,
Chief, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
Rmajette on DSK2VPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
12:44 Feb 19, 2015
Jkt 235001
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–2014–
0504. 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 Douglas
Aburano, Section Chief at (312) 353–
6960 before visiting the Region 5 office.
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
FOR FURTHER INFORMATION CONTACT:
Douglas Aburano, Section Chief,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–6960,
Aburano.Douglas@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 the EPA taking?
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 June 10, 2014. 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
held a public hearing on the proposed
SIP revision on October 31, 2013. The
Board received no 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,
Subpart B, Section 211.7150(a) to add
(difluoromethoxy) (difluoro)methane
(CHF2OCHF2 or HFE–134),
bis(difluoromethoxy) (difluoro)methane
(CHF2OCF2OCHF2 or HFE–236cal2), 1(difluoromethoxy)-2-[(difluoromethoxy)
((difluoro)methoxy]-1,1,2,2tetrafluoroethane
(CHF2OCF2OCF2CF2OCHF2 or HFE–43–
10pccc), 1,2-bis(difluoromethoxy)1,1,2,2-tetrafluoroethane
(CHF2OCF2CF2OCHF2 or HFE–
338pcc13), and trans 1-chloro-3,3,3trifluoroprop-1-ene (CF3CHCHCl) to the
list of excluded compounds at 35 IAC
211.7150(a). Illinois took this action
based on EPA’s 2013 rulemakings in
which EPA determined these
compounds have a negligible
contribution to tropospheric ozone
formation and thus should be excluded
from the definition of VOC codified at
40 CFR 51.100(s). (See 78 FR 9823
E:\FR\FM\20FER1.SGM
20FER1
Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Rules and Regulations
(February 12, 2013) and 78 FR 53029
(August 28, 2013)). This action also
approves minor administrative changes
in alphabetization of compound names
and correction of compound condensed
structural formulas to 35 IAC
211.7150(a) that refer to compounds
previously approved as excluded from
the definition of VOM in the Illinois
SIP.
Rmajette on DSK2VPTVN1PROD with RULES
III. What is EPA’s analysis of the SIP
revision?
In 2005, EPA received a petition
asking EPA to exempt HCF2OCF2H
(HFE–134), HCF2OCF2OCF2H (HFE–
236cal2), HCF2OCF2CF2OCF2H (HFE–
338pcc13), HCF2OCF2OCF2CF2OCF2H
(H-Galden 1040x or H-Galden ZT 130
(or 150 or 180)) from the definition of
VOC.1 Based on the level of reactivity of
these chemical compounds, EPA
concluded that these compounds make
negligible contributions to tropospheric
ozone formation (78 FR 9823, February
12, 2013). Therefore on February 12,
2013, EPA amended 40 CFR 51.100(s)(1)
to exclude these compounds 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 (78 FR
9823). EPA’s action became effective
March 14, 2013. Illinois EPA’s SIP
revision is consistent with EPA’s action
amending the definition of VOC at 40
CFR 51.100(s).
In 2011, EPA received a petition
asking EPA to exempt trans 1-chloro3,3,3-trifluoroprop-1-ene 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 (78 FR
53029, August 28, 2013). Therefore on
August 28, 2013, EPA amended 40 CFR
51.100(s)(1) to exclude this compound
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 (78 FR
53029). EPA’s action became effective
September 27, 2013. 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?
EPA is approving a revision to the
Illinois SIP which is consistent with
EPA’s 2013 actions revising the
1 Note that EPA uses compound condensed
structural formulas that differ from those used by
Illinois EPA. Through comparison of HFE numbers
and chemical formulas as used by the American
Chemical Society, we have determined that EPA
and Illinois EPA are referring to the same
compounds for the purposes of this rule.
VerDate Sep<11>2014
12:44 Feb 19, 2015
Jkt 235001
definition of VOC. The Illinois SIP
revision adds (difluoromethoxy)
(difluoro)methane (CHF2OCHF2 or HFE–
134), bis(difluoromethoxy)
(difluoro)methane (CHF2OCF2OCHF2 or
HFE–236cal2), 1-(difluoromethoxy)-2[(difluoromethoxy) ((difluoro)methoxy]1,1,2,2-tetrafluoroethane
(CHF2OCF2OCF2CF2OCHF2 or HFE–43–
10pccc), 1,2-bis(difluoromethoxy)1,1,2,2-tetrafluoroethane
(CHF2OCF2CF2OCHF2 or HFE–
338pcc13), and trans 1-chloro-3,3,3trifluoroprop-1-ene (CF3CHCHCl) 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 April 21, 2015 without further
notice unless we receive relevant
adverse written comments by March 23,
2015. 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
April 21, 2015.
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:
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
9203
• 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).
This rule is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175, nor will it 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
E:\FR\FM\20FER1.SGM
20FER1
9204
Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Rules and Regulations
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 April 21, 2015.
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).)
1,1,2,2-tetrafluoroethane
(CHF2OCF2OCF2CF2OCHF2 or HFE–43–
10pccc), 1,2-bis(difluoromethoxy)1,1,2,2-tetrafluoroethane
(CHF2OCF2CF2OCHF2 or HFE–
338pcc13), and trans 1-chloro-3,3,3trifluoroprop-1-ene (CF3CHCHCl) were
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; Chapter I: Pollution
Control Board; Subchapter c: Emission
Standards and Limitations for
Stationary Sources; Part 211: Definitions
and General Provisions; Subpart B:
Definitions; Section 211.7150: Volatile
Organic Material (VOM) or Volatile
Organic Compound (VOC), effective
November 27, 2013.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
[EPA–R06–OAR–2014–0554; FRL–9923–19–
Region 6]
Dated: December 30, 2014.
Susan Hedman,
Regional Administrator, Region 5.
AGENCY:
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)(202) to read as
follows:
■
Identification of plan.
Rmajette on DSK2VPTVN1PROD with RULES
*
*
*
*
*
(c) * * *
(202) On June 10, 2014, Illinois
submitted revised regulations that are
consistent with 40 CFR 51.100(s)(1). The
compounds (difluoromethoxy)
(difluoro)methane (CHF2OCHF2 or HFE–
134), bis(difluoromethoxy)
(difluoro)methane (CHF2OCF2OCHF2 or
HFE–236cal2), 1-(difluoromethoxy)-2[(difluoromethoxy) ((difluoro)methoxy]-
VerDate Sep<11>2014
12:44 Feb 19, 2015
Jkt 235001
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
Approval and Promulgation of
Implementation Plans; Texas;
Emissions Inventories for the DallasFort Worth and Houston-GalvestonBrazoria Ozone Nonattainment Areas
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
40 CFR part 52 is amended as follows:
§ 52.720
[FR Doc. 2015–03450 Filed 2–19–15; 8:45 am]
The Environmental Protection
Agency (EPA) is approving revisions to
the Texas State Implementation Plan
(SIP) submitted to meet Emissions
Inventory (EI) requirements of the Clean
Air Act (CAA) for the Dallas-Fort Worth
(DFW) and the Houston-GalvestonBrazoria (HGB) nonattainment areas.
EPA is approving the SIP revisions
because they satisfy the CAA EI
requirements for the DFW and HGB
nonattainment areas under the 2008
eight-hour ozone National Ambient Air
Quality Standards (NAAQS). EPA is
approving the revisions pursuant to
section 110 and part D of the CAA and
EPA’s regulations.
DATES: This direct final rule will be
effective April 21, 2015 without further
notice, unless EPA receives adverse
comment by March 23, 2015. If EPA
receives adverse comment, we will
publish a timely withdrawal of the
direct final rule in the Federal Register
SUMMARY:
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2014–0554, by one of the
following methods:
• www.regulations.gov. Follow the
online instructions.
• Email: Ms. Nevine Salem at
salem.nevine@epa.gov.
• Mail or delivery: Mr. Guy
Donaldson, Chief, Air Planning Section
(6PD–L), Environmental Protection
Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202–2733.
Instructions: Direct your comments to
Docket No. EPA–R06–OAR–2014–0554.
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: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available at
either location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Ms.
Nevine Salem, (214) 665–7222,
E:\FR\FM\20FER1.SGM
20FER1
Agencies
[Federal Register Volume 80, Number 34 (Friday, February 20, 2015)]
[Rules and Regulations]
[Pages 9202-9204]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-03450]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2014-0504; FRL-9921-44-Region 5]
Approval and Promulgation of Air Quality Implementation Plans;
Illinois; VOM Definition
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
request submitted by the Illinois Environmental Protection Agency
(Illinois EPA) on June 10, 2014, 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 five
compounds to the list of exempted compounds. These revisions are based
on EPA rulemakings in 2013 which added these compounds to the list of
chemical compounds that are excluded from the Federal definition of VOC
because, in their intended uses, they make negligible contributions to
tropospheric ozone formation.
DATES: This direct final rule will be effective April 21, 2015, unless
EPA receives adverse comments by March 23, 2015. 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-2014-0504, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: Aburano.Douglas@epa.gov.
3. Fax: (312)408-2279
4. Mail: Douglas Aburano, Chief, Attainment Planning and
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Douglas Aburano, Chief, Attainment Planning and
Maintenance 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-
2014-0504. 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 Douglas Aburano, Section Chief at (312)
353-6960 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Douglas Aburano, Section Chief,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-6960,
Aburano.Douglas@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 the EPA taking?
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 June 10, 2014. 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 held a public hearing on the
proposed SIP revision on October 31, 2013. The Board received no
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, Subpart B, Section
211.7150(a) to add (difluoromethoxy) (difluoro)methane
(CHF2OCHF2 or HFE-134), bis(difluoromethoxy)
(difluoro)methane (CHF2OCF2OCHF2 or
HFE-236cal2), 1-(difluoromethoxy)-2-[(difluoromethoxy)
((difluoro)methoxy]-1,1,2,2-tetrafluoroethane
(CHF2OCF2OCF2CF2OCHF2
or HFE-43-10pccc), 1,2-bis(difluoromethoxy)-1,1,2,2-tetrafluoroethane
(CHF2OCF2CF2OCHF2 or HFE-
338pcc13), and trans 1-chloro-3,3,3-trifluoroprop-1-ene
(CF3CHCHCl) to the list of excluded compounds at 35 IAC
211.7150(a). Illinois took this action based on EPA's 2013 rulemakings
in which EPA determined these compounds have a negligible contribution
to tropospheric ozone formation and thus should be excluded from the
definition of VOC codified at 40 CFR 51.100(s). (See 78 FR 9823
[[Page 9203]]
(February 12, 2013) and 78 FR 53029 (August 28, 2013)). This action
also approves minor administrative changes in alphabetization of
compound names and correction of compound condensed structural formulas
to 35 IAC 211.7150(a) that refer to compounds previously approved as
excluded from the definition of VOM in the Illinois SIP.
III. What is EPA's analysis of the SIP revision?
In 2005, EPA received a petition asking EPA to exempt
HCF2OCF2H (HFE-134),
HCF2OCF2OCF2H (HFE-236cal2),
HCF2OCF2CF2OCF2H (HFE-
338pcc13),
HCF2OCF2OCF2CF2OCF2
H (H-Galden 1040x or H-Galden ZT 130 (or 150 or 180)) from the
definition of VOC.\1\ Based on the level of reactivity of these
chemical compounds, EPA concluded that these compounds make negligible
contributions to tropospheric ozone formation (78 FR 9823, February 12,
2013). Therefore on February 12, 2013, EPA amended 40 CFR 51.100(s)(1)
to exclude these compounds 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 (78 FR 9823). EPA's action
became effective March 14, 2013. Illinois EPA's SIP revision is
consistent with EPA's action amending the definition of VOC at 40 CFR
51.100(s).
---------------------------------------------------------------------------
\1\ Note that EPA uses compound condensed structural formulas
that differ from those used by Illinois EPA. Through comparison of
HFE numbers and chemical formulas as used by the American Chemical
Society, we have determined that EPA and Illinois EPA are referring
to the same compounds for the purposes of this rule.
---------------------------------------------------------------------------
In 2011, EPA received a petition asking EPA to exempt trans 1-
chloro-3,3,3-trifluoroprop-1-ene 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 (78 FR 53029, August 28, 2013). Therefore on August 28, 2013,
EPA amended 40 CFR 51.100(s)(1) to exclude this compound 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 (78 FR 53029). EPA's action became effective September 27, 2013.
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?
EPA is approving a revision to the Illinois SIP which is consistent
with EPA's 2013 actions revising the definition of VOC. The Illinois
SIP revision adds (difluoromethoxy) (difluoro)methane
(CHF2OCHF2 or HFE-134), bis(difluoromethoxy)
(difluoro)methane (CHF2OCF2OCHF2 or
HFE-236cal2), 1-(difluoromethoxy)-2-[(difluoromethoxy)
((difluoro)methoxy]-1,1,2,2-tetrafluoroethane
(CHF2OCF2OCF2CF2OCHF2
or HFE-43-10pccc), 1,2-bis(difluoromethoxy)-1,1,2,2-tetrafluoroethane
(CHF2OCF2CF2OCHF2 or HFE-
338pcc13), and trans 1-chloro-3,3,3-trifluoroprop-1-ene
(CF3CHCHCl) 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 April 21, 2015
without further notice unless we receive relevant adverse written
comments by March 23, 2015. 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 April
21, 2015.
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).
This rule is not approved to apply on any Indian reservation land
or in any other area where EPA or an Indian tribe has demonstrated that
a tribe has jurisdiction. In those areas of Indian country, the rule
does not have tribal implications as specified by Executive Order
13175, nor will it 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
[[Page 9204]]
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 April 21, 2015. 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, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: December 30, 2014.
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.
0
2. Section 52.720 is amended by adding paragraph (c)(202) to read as
follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(202) On June 10, 2014, Illinois submitted revised regulations that
are consistent with 40 CFR 51.100(s)(1). The compounds
(difluoromethoxy) (difluoro)methane (CHF2OCHF2 or
HFE-134), bis(difluoromethoxy) (difluoro)methane
(CHF2OCF2OCHF2 or HFE-236cal2), 1-
(difluoromethoxy)-2-[(difluoromethoxy) ((difluoro)methoxy]-1,1,2,2-
tetrafluoroethane
(CHF2OCF2OCF2CF2OCHF2
or HFE-43-10pccc), 1,2-bis(difluoromethoxy)-1,1,2,2-tetrafluoroethane
(CHF2OCF2CF2OCHF2 or HFE-
338pcc13), and trans 1-chloro-3,3,3-trifluoroprop-1-ene
(CF3CHCHCl) were 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; Chapter I: Pollution Control Board;
Subchapter c: Emission Standards and Limitations for Stationary
Sources; Part 211: Definitions and General Provisions; Subpart B:
Definitions; Section 211.7150: Volatile Organic Material (VOM) or
Volatile Organic Compound (VOC), effective November 27, 2013.
[FR Doc. 2015-03450 Filed 2-19-15; 8:45 am]
BILLING CODE 6560-50-P