Air Plan Approval; Illinois; Volatile Organic Compounds Definition, 95475-95477 [2016-31227]
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Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Rules and Regulations
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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. The 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 February 27,
2017. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: November 10, 2016.
Alexis Strauss,
Acting Regional Administrator, Region IX.
sradovich on DSK3GMQ082PROD with RULES
1. The authority citation for Part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
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2. Section 52.220 is amended by
adding paragraph (c)(483) to read as
follows:
■
§ 52.220
Identification of plan—in part.
*
*
*
*
*
(c) * * *
(483) A new regulation was submitted
on June 9, 2016 by the Governor’s
Designee.
(i) Incorporation by Reference.
(A) Great Basin Unified Air Pollution
Control District.
(1) Rule 433, ‘‘Control of Particulate
Emissions at Owens Lake,’’ adopted on
April 13, 2016.
[FR Doc. 2016–31225 Filed 12–27–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2016–0502; FRL–9955–89–
Region 5]
Air Plan Approval; Illinois; Volatile
Organic Compounds Definition
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
Under the Clean Air Act
(CAA), the Environmental Protection
Agency (EPA) is approving a state
submission as a revision to the Illinois
State Implementation Plan (SIP). The
revision amends the Illinois
Administrative Code (IAC) by updating
the definition of volatile organic
material (VOM), otherwise known as
volatile organic compounds (VOC), to
exclude 2-amino-2-methyl-1-propanol
(AMP). This revision is in response to
an EPA rulemaking in 2014 which
exempted this compound from the
Federal definition of VOC on the basis
that the compound makes a negligible
contribution to tropospheric ozone
formation.
SUMMARY:
This direct final rule will be
effective February 27, 2017, unless EPA
receives adverse comments by January
27, 2017. 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–2016–0502 at https://
www.regulations.gov or via email to
aburano.douglas@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
DATES:
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Subpart F—California
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95475
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Michelle Becker, Life Scientist,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–3901,
becker.michelle@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?
II. What is EPA’s analysis of the SIP
Revision?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is the background for this
action?
The Illinois Environmental Protection
Agency (IEPA) submitted a revision to
the Illinois SIP to EPA for approval on
August 9, 2016. The SIP revision
excludes the chemical compound 2amino-2-methyl-1-propanol (AMP) from
the definition of VOM or VOC at 35 IAC
Part 211, Subpart B, Section
211.7150(a).
The Illinois Pollution Control Board
(IPCB) held a public hearing on the
proposed SIP revision on January 8,
2015. There were no public comments
received at the public hearing. IPCB
received one comment from the
American Coatings Association in a
letter dated December 16, 2014,
supporting the exemption of AMP from
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Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Rules and Regulations
the Illinois regulated VOCs. IPCB
adopted the amendment to 35 IAC
211.7150(a) on March 5, 2015. IPCB also
adopted minor administrative changes
such as alphabetizing compound names,
adding a subpart heading previously
omitted, and replacing the word
‘‘above’’ with ‘‘of this Section’’ in 35
IAC 211.7150(d) for ease of crossreferencing within a section of the
regulations.
sradovich on DSK3GMQ082PROD with RULES
II. What is EPA’s analysis of the SIP
Revision?
In 2012, EPA received a petition
requesting that AMP be exempted from
VOC control based on its low reactivity
to ethane. On March 27, 2014 (79 FR
17037), EPA responded to the petition
by amending 40 CFR 51.100(s)(1) to
exclude this chemical 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 CAA (78 FR 9823).
Based on the mass maximum
incremental reactivity value for the
compound being equal to or less than
that of ethane, EPA concluded that this
compound makes negligible
contributions to tropospheric ozone
formation. (79 FR 17037). Additionally,
EPA considered risks not related to
tropospheric ozone associated with
currently allowed uses of the chemical
to be acceptable. EPA’s action became
effective on June 25, 2014. IEPA’s SIP
revision is consistent with EPA’s action
amending the definition of VOC at 40
CFR 51.100(s).
III. What action is EPA taking?
EPA is approving into the Illinois SIP
revisions to 35 IAC 211 contained in the
August 9, 2016, 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 February 27, 2017 without
further notice unless we receive relevant
adverse written comments by January
27, 2017. 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.
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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
February 27, 2017.
IV. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of the Illinois Regulations
described in the amendments to 40 CFR
part 52 set forth below. EPA has made,
and will continue to make, these
documents generally available through
www.regulations.gov, and/or at the
National Archives and Records
Administration (NARA), and/or at the
EPA Region 5 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information). For
information on the availability of this
material at NARA, go to:
www.archives.gov/federal-register/cfr/
ibr-locations.html.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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
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in the Unfunded Mandates Reform Act
of 1995 (Public Law 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, the SIP 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 and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by February 27, 2017. 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
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Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Rules and Regulations
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: November 18, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
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.
2. Section 52.720 is amended by
adding paragraph (c)(209) to read as
follows:
■
§ 52.720
Identification of plan.
sradovich on DSK3GMQ082PROD with RULES
*
*
*
*
*
(c) * * *
(209) On August 9, 2016, the state
submitted a proposed revision to the
Illinois SIP updating the definition of
Volatile Organic Material (VOM) or
Volatile Organic Compound (VOC) to
exclude the chemical compound 2amino-2-methyl-1-propanol (AMP),
along with minor administrative
revisions.
(i) Incorporation by reference. Illinois
Administrative Code, Title 35:
Environmental Protection, Subtitle B:
Air Pollution, Chapter I: Pollution
Control Board, Subchapter c: Emissions
Standards and Limitations for Station
Sources, Part 211: Definitions and
General Provisions, Subpart B:
Definitions, Section 211.7150 Volatile
Organic Material (VOM) or Volatile
Organic Compounds (VOC), effective
March 24, 2015.
[FR Doc. 2016–31227 Filed 12–27–16; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2014–0513; FRL–9956–45–
Region 6]
Approval and Promulgation of
Implementation Plans; Louisiana; State
Boards
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or Act), the
Environmental Protection Agency (EPA)
is approving revisions to the Louisiana
State Implementation Plan (SIP) that
address requirements in CAA Section
128 regarding State Board composition
and Conflict of Interest and Disclosure
requirements.
DATES: This rule is effective on February
27, 2017 without further notice, unless
the EPA receives relevant adverse
comment by January 27, 2017. If the
EPA receives such comment, the EPA
will publish a timely withdrawal in the
Federal Register informing the public
that this rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2014–0513, at https://
www.regulations.gov or via email to
donaldson.tracie@epa.gov. Follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact Tracie Donaldson, 214–665–
6633, Donaldson.tracie@epa.gov. For
the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
SUMMARY:
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95477
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:
Tracie Donaldson, 214–665–6633,
Donaldson.tracie@epa.gov. To inspect
the hard copy materials, please schedule
an appointment with Tracie Donaldson
or Mr. Bill Deese at 214–665–7253.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
A. CAA and Section 128: State Boards
and Heads of Executive Agency,
Conflicts of Interest
Section 128 of the CAA requires SIPs
to comply with the requirements
regarding State Boards. Section
110(a)(2)(E)(ii) of the CAA also
references these requirements. Section
128(a) of the CAA requires SIPs to
contain provisions that: (1) Any board
or body which approves permits or
enforcement orders under the CAA have
at least a majority of its members
represent the public interest and not
derive any significant portion of their
income from persons subject to permits
or enforcement orders under the CAA;
and (2) any potential conflict of interest
by members of such board or body or
the head of an executive agency with
similar powers be adequately disclosed.
The requirements of CAA section
128(a)(1) are not applicable to Louisiana
because it does not have any board or
body which approves air quality permits
or enforcement orders. The
requirements of CAA section 128(a)(2),
however, are applicable to Louisiana
because LDEQ’s cabinet level Secretary
(i.e., the head of an executive agency)
makes the referenced decisions. Under
Louisiana Revised Statutes at Title 30;
Subtitle 2. Environmental Quality;
Chapter 2; Department of Environmental
Quality, and Chapter 3; Louisiana Air
Control Law, the Secretary of the
Louisiana Department of Environmental
Quality (LDEQ), has the power and duty
to, among other things, grant or deny air
quality related permits.
B. Louisiana’s Submittal
On April 30, 1997 Louisiana
submitted a SIP revision that contains
revisions to the Louisiana Revised
Statutes for inclusion into the SIP. The
revisions that are necessary for
inclusion into the State’s SIP address
the requirements of CAA section 128 in
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]]>Agencies
[Federal Register Volume 81, Number 249 (Wednesday, December 28, 2016)]
[Rules and Regulations]
[Pages 95475-95477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31227]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2016-0502; FRL-9955-89-Region 5]
Air Plan Approval; Illinois; Volatile Organic Compounds
Definition
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: Under the Clean Air Act (CAA), the Environmental Protection
Agency (EPA) is approving a state submission as a revision to the
Illinois State Implementation Plan (SIP). The revision amends the
Illinois Administrative Code (IAC) by updating the definition of
volatile organic material (VOM), otherwise known as volatile organic
compounds (VOC), to exclude 2-amino-2-methyl-1-propanol (AMP). This
revision is in response to an EPA rulemaking in 2014 which exempted
this compound from the Federal definition of VOC on the basis that the
compound makes a negligible contribution to tropospheric ozone
formation.
DATES: This direct final rule will be effective February 27, 2017,
unless EPA receives adverse comments by January 27, 2017. 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-2016-0502 at https://www.regulations.gov or via email to
aburano.douglas@epa.gov. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Michelle Becker, Life Scientist,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-3901,
becker.michelle@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?
II. What is EPA's analysis of the SIP Revision?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is the background for this action?
The Illinois Environmental Protection Agency (IEPA) submitted a
revision to the Illinois SIP to EPA for approval on August 9, 2016. The
SIP revision excludes the chemical compound 2-amino-2-methyl-1-propanol
(AMP) from the definition of VOM or VOC at 35 IAC Part 211, Subpart B,
Section 211.7150(a).
The Illinois Pollution Control Board (IPCB) held a public hearing
on the proposed SIP revision on January 8, 2015. There were no public
comments received at the public hearing. IPCB received one comment from
the American Coatings Association in a letter dated December 16, 2014,
supporting the exemption of AMP from
[[Page 95476]]
the Illinois regulated VOCs. IPCB adopted the amendment to 35 IAC
211.7150(a) on March 5, 2015. IPCB also adopted minor administrative
changes such as alphabetizing compound names, adding a subpart heading
previously omitted, and replacing the word ``above'' with ``of this
Section'' in 35 IAC 211.7150(d) for ease of cross-referencing within a
section of the regulations.
II. What is EPA's analysis of the SIP Revision?
In 2012, EPA received a petition requesting that AMP be exempted
from VOC control based on its low reactivity to ethane. On March 27,
2014 (79 FR 17037), EPA responded to the petition by amending 40 CFR
51.100(s)(1) to exclude this chemical 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 CAA (78 FR 9823). Based
on the mass maximum incremental reactivity value for the compound being
equal to or less than that of ethane, EPA concluded that this compound
makes negligible contributions to tropospheric ozone formation. (79 FR
17037). Additionally, EPA considered risks not related to tropospheric
ozone associated with currently allowed uses of the chemical to be
acceptable. EPA's action became effective on June 25, 2014. IEPA's SIP
revision is consistent with EPA's action amending the definition of VOC
at 40 CFR 51.100(s).
III. What action is EPA taking?
EPA is approving into the Illinois SIP revisions to 35 IAC 211
contained in the August 9, 2016, 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 February 27, 2017 without further notice
unless we receive relevant adverse written comments by January 27,
2017. 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 February 27, 2017.
IV. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Illinois
Regulations described in the amendments to 40 CFR part 52 set forth
below. EPA has made, and will continue to make, these documents
generally available through www.regulations.gov, and/or at the National
Archives and Records Administration (NARA), and/or at the EPA Region 5
Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information). For
information on the availability of this material at NARA, go to:
www.archives.gov/federal-register/cfr/ibr-locations.html.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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 (Public Law 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, the SIP 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 and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by February 27, 2017. 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
[[Page 95477]]
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: November 18, 2016.
Robert A. Kaplan,
Acting 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)(209) to read as
follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(209) On August 9, 2016, the state submitted a proposed revision to
the Illinois SIP updating the definition of Volatile Organic Material
(VOM) or Volatile Organic Compound (VOC) to exclude the chemical
compound 2-amino-2-methyl-1-propanol (AMP), along with minor
administrative revisions.
(i) Incorporation by reference. Illinois Administrative Code, Title
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I:
Pollution Control Board, Subchapter c: Emissions Standards and
Limitations for Station Sources, Part 211: Definitions and General
Provisions, Subpart B: Definitions, Section 211.7150 Volatile Organic
Material (VOM) or Volatile Organic Compounds (VOC), effective March 24,
2015.
[FR Doc. 2016-31227 Filed 12-27-16; 8:45 am]
BILLING CODE 6560-50-P
