Air Plan Approval; Illinois; Volatile Organic Compounds Definition, 24030-24033 [2018-11068]
Download as PDF
<![CDATA[
24030
Federal Register / Vol. 83, No. 101 / Thursday, May 24, 2018 / Rules and Regulations
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves safety
zones of limited size and duration. It is
categorically excluded from further
review under Categorical Exclusion
L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 01. A Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T11–925 to read as
follows:
■
sradovich on DSK3GMQ082PROD with RULES
§ 165.T11–925 Safety Zone; San Francisco
State University Graduation Fireworks
Display, San Francisco Bay, San Francisco,
CA.
(a) Location. The following area is a
safety zone: All navigable waters of the
San Francisco Bay within 100 feet of the
fireworks barge during loading at Pier
50, as well as transit and arrival near
AT&T Park in San Francisco, CA. From
11:00 a.m. until approximately 4:00
p.m. on May 24, 2018, the fireworks
barge will be loading at Pier 50 in San
Francisco, CA. The safety zone will
expand to all navigable waters around
and under the firework barge within a
radius of 560 feet in approximate
position 37°46′36″ N, 122°22′56″ W
(NAD 83), 30 minutes prior to the start
of the 10 minute fireworks display,
scheduled to begin at 9:30 p.m. on May
24, 2018.
VerDate Sep<11>2014
18:07 May 23, 2018
Jkt 244001
(b) Enforcement period. The zone
described in paragraph (a) of this
section will be enforced from 11:00 a.m.
until approximately 10:00 p.m. May 24,
2018. The Captain of the Port San
Francisco (COTP) will notify the
maritime community of periods during
which these zones will be enforced via
Broadcast Notice to Mariners in
accordance with § 165.7.
(c) Definitions. As used in this
section, ‘‘designated representative’’
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
on a Coast Guard vessel or a Federal,
State, or local officer designated by or
assisting the COTP in the enforcement
of the safety zone.
(d) Regulations. (1) Under the general
regulations in subpart C of this part,
entry into, transiting or anchoring
within this safety zone is prohibited
unless authorized by the COTP or the
COTP’s designated representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or a designated
representative.
(3) Vessel operators desiring to enter
or operate within the safety zone must
contact the COTP or a designated
representative to obtain permission to
do so. Vessel operators given permission
to enter or operate in the safety zone
must comply with all directions given to
them by the COTP or a designated
representative. Persons and vessels may
request permission to enter the safety
zones on VHF–23A or through the 24hour Command Center at telephone
(415) 399–3547.
Dated: May 17, 2018.
Patrick S. Nelson,
Captain, U.S. Coast Guard, Alternate Captain
of the Port, San Francisco.
[FR Doc. 2018–11180 Filed 5–23–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2017–0323; FRL–9978–
45—Region 5]
Air Plan Approval; Illinois; Volatile
Organic Compounds Definition
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a state
submission as a revision to the Illinois
state implementation plan (SIP). The
SUMMARY:
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
revision, submitted on May 30, 2017,
incorporates changes to the Illinois
Administrative Code (IAC) definition of
‘‘volatile organic material’’ or ‘‘volatile
organic compounds’’ (VOC). The
revision removes recordkeeping and
emission reporting requirements related
to the use of tertiary butyl acetate (also
known as t-butyl acetate) as a VOC. The
revision is consistent with an EPA 2016
rulemaking related to tertiary butyl
acetate. In addition, Illinois’ submission
includes the addition of chemical
identification information to the list of
compounds excluded from the
definition of VOC and the deletion of an
unnecessary phrase in the definition of
VOC. EPA proposed this action on
November 2, 2017, and received one
public comment in response.
DATES: This final rule is effective on
June 25, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2017–0323. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either through
www.regulations.gov or 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) 886–3031,
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?
II. Public Comment Received and EPA’s
Response
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
E:\FR\FM\24MYR1.SGM
24MYR1
Federal Register / Vol. 83, No. 101 / Thursday, May 24, 2018 / Rules and Regulations
I. What is the background for this
action?
sradovich on DSK3GMQ082PROD with RULES
On May 30, 2017, Illinois submitted,
as a SIP revision, a request to revise and
update the definition of VOC at Part
211, Subpart B, Section 7150 (35 IAC
211.7150). Illinois also submitted
corrections to chemical names and
revisions to chemical identifiers
included in the list of compounds
excluded from the definition of VOC at
35 IAC 211.7150(a) and a minor deletion
of an unnecessary phrase in 35 IAC
211.7150(d).
The revision addresses an existing
exemption related to defining tertiary
butyl acetate as a VOC. Before this
action, the Illinois SIP excluded this
compound from the definition of VOC
for purposes of VOC emission
limitations and VOC content
requirements, but defined the
compound as a VOC for all
recordkeeping, emissions reporting,
photochemical dispersion modeling and
inventory requirements that apply to
VOC. (69 FR 69298, November 29,
2004). This approach was consistent
with EPA’s regulation of tertiary butyl
acetate at the time this portion of the
SIP was originally approved. (64 FR
52731, September 30, 1999).
On February 25, 2016, EPA
promulgated a final rule amending the
definition of VOC to remove the
recordkeeping, emissions reporting,
photochemical dispersion modeling and
inventory requirements related to the
use of tertiary butyl acetate as a VOC.
(81 FR 9339, codified at 40 CFR
51.100(s)). See 82 FR 50812 for a more
detailed summary of the basis for EPA’s
2016 rulemaking. In order to conform to
EPA’s current definition, Illinois revised
its definition of VOC to remove the
recordkeeping, emissions reporting,
photochemical dispersion modeling and
inventory requirements for tertiary butyl
acetate within the definition of VOC (35
IAC 211.7150).
Additionally, Illinois amended the list
of excluded compounds in 35 IAC
211.7150 by adding the International
Union of Pure and Applied Chemistry
(IUPAC) names 1 and CAS registry
numbers,2 and presenting common
names parenthetically.3 Illinois made
1 IUPAC has developed a recognized system of
nomenclature for chemical compounds.
2 Chemical Abstract Service (CAS) numbers are
developed by the American Chemical Society. CAS
numbers are in widespread use and provide clarity
because a single CAS number identifies only one
chemical isomer.
3 In Table 6 of Attachment 7 to Illinois’ submittal,
Illinois lists the chemical compounds excluded
from the definition of VOC, using the designations
by EPA, IUPAC names, CAS numbers, and
commonly used alternative names for each.
VerDate Sep<11>2014
18:07 May 23, 2018
Jkt 244001
these changes to eliminate confusion
and make it easier to identify specific
excluded compounds in 35 IAC
211.7150(a). These changes did not alter
the list of excluded compounds and are
consistent with the Federal list of
excluded compounds in 40 CFR
51.100(s). Finally, Illinois made a minor
administrative change by deleting the
words ‘‘of this Section’’ in 35 IAC
211.7150(d), which discusses
appropriate testing methods and
includes a reference to subsection (b) of
35 IAC 211.7150.
On November 2, 2017, EPA published
a proposed rule approving Illinois’
requested revision to the SIP at 35 IAC
211.7150 and providing a 30-day public
comment period. (82 FR 50853,
published in parallel with a Direct Final
Rule that was subsequently withdrawn,
see 82 FR 50811, 60545).
II. Public Comment Received and EPA’s
Response
EPA received one adverse comment
on the proposed approval of the Illinois
definition of VOC.
Comment: The commenter stated that
EPA should not approve this SIP
submission because EPA should not
have added tertiary butyl acetate to the
list of exempted compounds, given that
it is a highly reactive and volatile
compound. The commenter also
asserted that EPA should not have
removed the reporting requirement
because EPA had previously required
recordkeeping and reporting so that it
could determine further restrictions.
The commenter further stated that ‘‘EPA
should have enforced the reporting
requirement, analyised [sic] the data
and determined whether or not tertiary
butyl acetate should be further
regulated.’’
EPA’s Response: This comment is not
applicable to this action, which merely
relies on EPA’s previous actions and did
not require a technical record
supporting exclusion of tertiary butyl
acetate from the definition of VOC.
The comment primarily concerns two
separate EPA actions related to tertiary
butyl acetate, the exclusion of the
compound from the definition of VOC
and the removal of related
recordkeeping and reporting
requirements, which were taken in 2004
and 2016, respectively. See 69 FR 69298
and 81 FR 9339. EPA provided public
comment periods for these actions and
responded to any adverse comments
received as required by Federal law. In
addition, the comment relates to EPA’s
approval in July 16, 2008, of Illinois’
rule excluding tertiary butyl acetate as
a VOC (73 FR 40748). These are issues
on which the commenter would be
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
24031
precluded from obtaining judicial
review, as the time period to challenge
these EPA actions has passed. See
Section 307(b) of the Clean Air Act
(CAA).
Nevertheless, EPA notes that it has
previously addressed the commenter’s
concerns in the preambles to the final
rules referenced above. Those
documents discuss in great detail the
nature of VOCs, EPA’s approach to
organic compounds with a negligible
level of reactivity, the chemical
characteristics of tertiary butyl acetate,
and the bases for EPA’s 2004 and 2016
decisions to exclude tertiary butyl
acetate from the definition of VOC and
remove the recordkeeping and emission
reporting requirements related to
tertiary butyl acetate as a VOC.
III. What action is EPA taking?
EPA is approving, as a SIP revision,
the removal of the recordkeeping and
emission reporting requirements
applicable to tertiary butyl acetate as a
VOC at 35 IAC 211.7150(e), the addition
of chemical identification information
for excluded compounds in 35 IAC
211.7150(a), and the removal of the
phrase ‘‘of this Section’’ in 35 IAC
211.7150(d) contained in the May 30,
2017, submittal.
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 at the EPA
Region 5 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
State implementation plan, have been
incorporated by reference by EPA into
that plan, are fully federally enforceable
under sections 110 and 113 of the CAA
as of the effective date of the final
rulemaking of EPA’s approval, and will
be incorporated by reference in the next
update to the SIP compilation.4
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.
4 62
FR 27968 (May 22, 1997).
E:\FR\FM\24MYR1.SGM
24MYR1
24032
Federal Register / Vol. 83, No. 101 / Thursday, May 24, 2018 / Rules and 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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866.
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, 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 July 23, 2018. 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,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: May 10, 2018.
Cathy Stepp,
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. In § 52.720, the table in paragraph
(c) is amended by revising the entry
‘‘211.7150’’ to read as follows:
■
§ 52.720
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED ILLINOIS REGULATIONS AND STATUTES
Illinois citation
*
State
effective
date
Title/subject
*
*
EPA approval date
*
*
Comments
*
*
*
*
Part 211: Definitions and General Provisions
*
*
*
*
*
sradovich on DSK3GMQ082PROD with RULES
Subpart B: Definitions
*
211.7150 ....................
*
VerDate Sep<11>2014
*
*
Volatile Organic Material (VOM) Or
Volatile Organic Compound (VOC).
*
18:07 May 23, 2018
*
Jkt 244001
PO 00000
*
1/23/2017
*
*
5/24/2018, [insert Federal Register citation].
*
Frm 00030
Fmt 4700
*
Sfmt 4700
E:\FR\FM\24MYR1.SGM
*
24MYR1
*
*
Federal Register / Vol. 83, No. 101 / Thursday, May 24, 2018 / Rules and Regulations
*
*
*
*
*
[FR Doc. 2018–11068 Filed 5–23–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2017–0760; FRL–9977–
86—Region 9]
Approval of California Air Plan
Revisions, Antelope Valley Air Quality
Management District
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the Antelope
Valley Air Quality Management District
(AVAQMD) portion of the California
SUMMARY:
State Implementation Plan (SIP). This
revision concerns the emissions of
volatile organic compounds (VOCs)
from motor vehicle assembly coating
operations. We are approving a local
rule to regulate these emission sources
under the Clean Air Act (CAA or the
Act).
DATES: This rule will be effective on
June 25, 2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2017–0760. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
24033
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Arnold Lazarus, EPA Region IX, (415)
972–3024, lazarus.arnold@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On March 19, 2018 (83 FR 11944), the
EPA proposed to approve the following
rule into the California SIP.
TABLE 1—SUBMITTED RULE
Local agency
Rule No.
AVAQMD ................................
1151.1
We proposed to approve this rule
because we determined that it complies
with the relevant CAA requirements.
Our proposed action contains more
information on the rule and our
evaluation.
sradovich on DSK3GMQ082PROD with RULES
II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received six comments.
One comment noted that the rule
focuses specifically on ‘‘motor vehicle
assembly coating operations,’’ and
stated that it should include all
components of the car manufacturing
process, in order to address issues
related to climate change. Rule 1151.1 is
intended to control VOC emissions from
a specific type of operation, and as such,
we believe that the rule is appropriate
in scope and stringency. For the reasons
addressed in the proposal, the EPA has
determined that the rule is consistent
with applicable CAA requirements and
appropriate for inclusion in the SIP.
The other five comments raised issues
outside the scope of this rulemaking,
including bird and bat deaths associated
with wind turbines and the risks of
unmanaged forests and wildfires. None
of those comments are germane to our
evaluation of Rule 1151.1.
VerDate Sep<11>2014
18:07 May 23, 2018
Jkt 244001
Rule title
Adopted
Motor Vehicle Assembly Coating Operations ........................
III. EPA Action
No comments were submitted that
changed our assessment of the rule as
described in our proposed action.
Therefore, as authorized in section
110(k)(3) of the Act, the EPA is fully
approving this rule into the California
SIP.
IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the
AVAQMD rule described in the
amendments to 40 CFR part 52 set forth
below. The EPA has made, and will
continue to make, these documents
available through www.regulations.gov
and at the EPA Region IX Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
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 Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state choices, provided that
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
6/20/2017
Submitted
8/9/2017
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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• 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);
E:\FR\FM\24MYR1.SGM
24MYR1
]]>Agencies
[Federal Register Volume 83, Number 101 (Thursday, May 24, 2018)]
[Rules and Regulations]
[Pages 24030-24033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11068]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2017-0323; FRL-9978-45--Region 5]
Air Plan Approval; Illinois; Volatile Organic Compounds
Definition
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a state
submission as a revision to the Illinois state implementation plan
(SIP). The revision, submitted on May 30, 2017, incorporates changes to
the Illinois Administrative Code (IAC) definition of ``volatile organic
material'' or ``volatile organic compounds'' (VOC). The revision
removes recordkeeping and emission reporting requirements related to
the use of tertiary butyl acetate (also known as t-butyl acetate) as a
VOC. The revision is consistent with an EPA 2016 rulemaking related to
tertiary butyl acetate. In addition, Illinois' submission includes the
addition of chemical identification information to the list of
compounds excluded from the definition of VOC and the deletion of an
unnecessary phrase in the definition of VOC. EPA proposed this action
on November 2, 2017, and received one public comment in response.
DATES: This final rule is effective on June 25, 2018.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2017-0323. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
through www.regulations.gov or 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) 886-3031, [email protected].
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. Public Comment Received and EPA's Response
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
[[Page 24031]]
I. What is the background for this action?
On May 30, 2017, Illinois submitted, as a SIP revision, a request
to revise and update the definition of VOC at Part 211, Subpart B,
Section 7150 (35 IAC 211.7150). Illinois also submitted corrections to
chemical names and revisions to chemical identifiers included in the
list of compounds excluded from the definition of VOC at 35 IAC
211.7150(a) and a minor deletion of an unnecessary phrase in 35 IAC
211.7150(d).
The revision addresses an existing exemption related to defining
tertiary butyl acetate as a VOC. Before this action, the Illinois SIP
excluded this compound from the definition of VOC for purposes of VOC
emission limitations and VOC content requirements, but defined the
compound as a VOC for all recordkeeping, emissions reporting,
photochemical dispersion modeling and inventory requirements that apply
to VOC. (69 FR 69298, November 29, 2004). This approach was consistent
with EPA's regulation of tertiary butyl acetate at the time this
portion of the SIP was originally approved. (64 FR 52731, September 30,
1999).
On February 25, 2016, EPA promulgated a final rule amending the
definition of VOC to remove the recordkeeping, emissions reporting,
photochemical dispersion modeling and inventory requirements related to
the use of tertiary butyl acetate as a VOC. (81 FR 9339, codified at 40
CFR 51.100(s)). See 82 FR 50812 for a more detailed summary of the
basis for EPA's 2016 rulemaking. In order to conform to EPA's current
definition, Illinois revised its definition of VOC to remove the
recordkeeping, emissions reporting, photochemical dispersion modeling
and inventory requirements for tertiary butyl acetate within the
definition of VOC (35 IAC 211.7150).
Additionally, Illinois amended the list of excluded compounds in 35
IAC 211.7150 by adding the International Union of Pure and Applied
Chemistry (IUPAC) names \1\ and CAS registry numbers,\2\ and presenting
common names parenthetically.\3\ Illinois made these changes to
eliminate confusion and make it easier to identify specific excluded
compounds in 35 IAC 211.7150(a). These changes did not alter the list
of excluded compounds and are consistent with the Federal list of
excluded compounds in 40 CFR 51.100(s). Finally, Illinois made a minor
administrative change by deleting the words ``of this Section'' in 35
IAC 211.7150(d), which discusses appropriate testing methods and
includes a reference to subsection (b) of 35 IAC 211.7150.
---------------------------------------------------------------------------
\1\ IUPAC has developed a recognized system of nomenclature for
chemical compounds.
\2\ Chemical Abstract Service (CAS) numbers are developed by the
American Chemical Society. CAS numbers are in widespread use and
provide clarity because a single CAS number identifies only one
chemical isomer.
\3\ In Table 6 of Attachment 7 to Illinois' submittal, Illinois
lists the chemical compounds excluded from the definition of VOC,
using the designations by EPA, IUPAC names, CAS numbers, and
commonly used alternative names for each.
---------------------------------------------------------------------------
On November 2, 2017, EPA published a proposed rule approving
Illinois' requested revision to the SIP at 35 IAC 211.7150 and
providing a 30-day public comment period. (82 FR 50853, published in
parallel with a Direct Final Rule that was subsequently withdrawn, see
82 FR 50811, 60545).
II. Public Comment Received and EPA's Response
EPA received one adverse comment on the proposed approval of the
Illinois definition of VOC.
Comment: The commenter stated that EPA should not approve this SIP
submission because EPA should not have added tertiary butyl acetate to
the list of exempted compounds, given that it is a highly reactive and
volatile compound. The commenter also asserted that EPA should not have
removed the reporting requirement because EPA had previously required
recordkeeping and reporting so that it could determine further
restrictions. The commenter further stated that ``EPA should have
enforced the reporting requirement, analyised [sic] the data and
determined whether or not tertiary butyl acetate should be further
regulated.''
EPA's Response: This comment is not applicable to this action,
which merely relies on EPA's previous actions and did not require a
technical record supporting exclusion of tertiary butyl acetate from
the definition of VOC.
The comment primarily concerns two separate EPA actions related to
tertiary butyl acetate, the exclusion of the compound from the
definition of VOC and the removal of related recordkeeping and
reporting requirements, which were taken in 2004 and 2016,
respectively. See 69 FR 69298 and 81 FR 9339. EPA provided public
comment periods for these actions and responded to any adverse comments
received as required by Federal law. In addition, the comment relates
to EPA's approval in July 16, 2008, of Illinois' rule excluding
tertiary butyl acetate as a VOC (73 FR 40748). These are issues on
which the commenter would be precluded from obtaining judicial review,
as the time period to challenge these EPA actions has passed. See
Section 307(b) of the Clean Air Act (CAA).
Nevertheless, EPA notes that it has previously addressed the
commenter's concerns in the preambles to the final rules referenced
above. Those documents discuss in great detail the nature of VOCs,
EPA's approach to organic compounds with a negligible level of
reactivity, the chemical characteristics of tertiary butyl acetate, and
the bases for EPA's 2004 and 2016 decisions to exclude tertiary butyl
acetate from the definition of VOC and remove the recordkeeping and
emission reporting requirements related to tertiary butyl acetate as a
VOC.
III. What action is EPA taking?
EPA is approving, as a SIP revision, the removal of the
recordkeeping and emission reporting requirements applicable to
tertiary butyl acetate as a VOC at 35 IAC 211.7150(e), the addition of
chemical identification information for excluded compounds in 35 IAC
211.7150(a), and the removal of the phrase ``of this Section'' in 35
IAC 211.7150(d) contained in the May 30, 2017, submittal.
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 at the EPA Region
5 Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).
Therefore, these materials have been approved by EPA for inclusion in
the State implementation plan, have been incorporated by reference by
EPA into that plan, are fully federally enforceable under sections 110
and 113 of the CAA as of the effective date of the final rulemaking of
EPA's approval, and will be incorporated by reference in the next
update to the SIP compilation.\4\
---------------------------------------------------------------------------
\4\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
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.
[[Page 24032]]
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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, 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 July 23, 2018. 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, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: May 10, 2018.
Cathy Stepp,
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. In Sec. 52.720, the table in paragraph (c) is amended by revising
the entry ``211.7150'' to read as follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Illinois Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
State
Illinois citation Title/subject effective EPA approval date Comments
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part 211: Definitions and General Provisions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subpart B: Definitions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
211.7150..................... Volatile Organic 1/23/2017 5/24/2018, [insert ............................
Material (VOM) Or Federal Register
Volatile Organic citation].
Compound (VOC).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 24033]]
* * * * *
[FR Doc. 2018-11068 Filed 5-23-18; 8:45 am]
BILLING CODE 6560-50-P
