[Federal Register: March 23, 2004 (Volume 69, Number 56)]
[Rules and Regulations]
[Page 13474-13477]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23mr04-15]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IL218-01a, FRL-7635-5]
Approval and Promulgation of Air Quality Implementation Plans;
Illinois; Definition of Volatile Organic Material and Volatile Organic
Compound
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is approving Illinois' October 31, 2003 request to
revise the definition of volatile organic material (VOM) and volatile
organic compound (VOC) to incorporate exemptions for several
nonreactive compounds from the definition of VOM and VOC and thereby,
from regulation as ozone precursors. These requested state
implementation plan (SIP) revisions were made in response to, and
consistent with, EPA's action to add these chemical compounds to the
list of chemicals that are exempted from the definition of VOC. In the
proposed rules section of this Federal Register, EPA is proposing
approval of and soliciting public comment on these requested SIP
revisions. If adverse comments are received on this action, EPA will
withdraw this final rule and address the comments received in response
to this action in a final rule on the related proposed rule which is
being published in the proposed rules section of this Federal Register.
A second public comment period will not be held. Parties interested in
commenting on this action should do so at this time.
DATES: This rule is effective on May 24, 2004, unless EPA receives
adverse written comments by April 22, 2004. If EPA receives adverse
comments, EPA will publish a timely withdrawal of the rule in the
Federal Register and inform the public that the rule will not take
effect.
ADDRESSES: You may inspect copies of the documents relevant to this
action during normal business hours at the following location: Criteria
Pollutant Section, Air Programs Branch, (AR-18J), U.S. Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604. Please contact Kathleen D'Agostino at (312) 886-1767
before visiting the Region 5 office.
Send written comments to: J. Elmer Bortzer, Acting Chief, Air
Programs Branch, (AR-18J), U.S. Environmental Protection Agency, Region
5, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Comments may also be submitted electronically or through hand
delivery/courier, please follow the detailed instructions described in
part (I)(B)(1)(i) through (iii) of the Supplementary Information
section.
FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J),
U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-1767.
dagostino.kathleen@epa.gov.
SUPPLEMENTARY INFORMATION:
This Supplementary Information section is organized as follows:
I. General Information
II. Background Information
III. What Has Illinois Submitted?
IV. Did Illinois Hold a Public Hearing?
V. What Action is EPA Taking?
VI. Is This Action Final, or May I Submit Comments?
VII. Statutory and Executive Order Reviews
I. General Information
A. How Can I Get Copies of This Document and Other Related Information?
1. The Regional Office has established an official public
rulemaking file available for inspection at the Regional Office. EPA
has established an official public rulemaking file for this action
under ``Region 5 Air Docket IL 218.'' The official public file consists
of the documents specifically referenced in this action, any public
comments received, and other information related to this action.
Although a part of the official docket, the public rulemaking file does
not include Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. The official
public rulemaking file is the collection of materials that is available
for public viewing at the Air Programs Branch, Air and Radiation
Division, EPA Region 5, 77 West Jackson Boulevard, Chicago, Illinois
60604. EPA requests that if at all possible, you contact the contact
listed in the FOR FURTHER INFORMATION CONTACT section to schedule your
inspection. The Regional Office's official hours of business are Monday
through Friday, 8:30 to 4:30 excluding Federal holidays.
2. Electronic Access. You may access this Federal Register document
electronically through the Regulations.gov Web site located at http://www.regulations.gov
where you can find, review, and submit comments on
Federal rules that have been published in the Federal Register, the
[[Page 13475]]
Government's legal newspaper, and are open for comment.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing at the EPA Regional Office,
as EPA receives them and without change, unless the comment contains
copyrighted material, CBI, or other information whose disclosure is
restricted by statute. When EPA identifies a comment containing
copyrighted material, EPA will provide a reference to that material in
the version of the comment that is placed in the official public
rulemaking file. The entire printed comment, including the copyrighted
material, will be available at the Regional Office for public
inspection.
B. How and To Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate rulemaking identification number by including the text
``Public comment on proposed rulemaking Region 5 Air Docket IL218'' in
the subject line on the first page of your comment. Please ensure that
your comments are submitted within the specified comment period.
Comments received after the close of the comment period will be marked
``late.'' EPA is not required to consider these late comments.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket. 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.
i. E-mail. Comments may be sent by electronic mail (e-mail) to
bortzer.jay@epa.gov. Please include the text ``Public comment on
proposed rulemaking Region 5 Air Docket IL218'' in the subject line.
EPA's e-mail system is not an ``anonymous access'' system. If you send
an e-mail comment directly without going through Regulations.gov, EPA's
e-mail system automatically captures your e-mail address. E-mail
addresses that are automatically captured by EPA's e-mail system are
included as part of the comment that is placed in the official public
docket.
ii. Regulations.gov. Your use of Regulations.gov is an alternative
method of submitting electronic comments to EPA. Go directly to
Regulations.gov at http://www.regulations.gov, then click on the button
``TO SEARCH FOR REGULATIONS CLICK HERE,'' and select Environmental
Protection Agency as the Agency name to search on. The list of current
EPA actions available for comment will be listed. Please follow the
online instructions for submitting comments. The system is an
``anonymous access'' system, which means EPA will not know your
identity, e-mail address, or other contact information unless you
provide it in the body of your comment.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in Section 2, directly
below. These electronic submissions will be accepted in WordPerfect,
Word or ASCII file format. Avoid the use of special characters and any
form of encryption.
2. By Mail. Send your comments to: Jay Bortzer, Acting Chief, Air
Programs Branch, (AR-18J), U.S. Environmental Protection Agency, Region
5, 77 West Jackson Boulevard, Chicago, Illinois 60604. Please include
the text ``Public comment on proposed rulemaking Region 5 Air Docket
IL218'' in the subject line on the first page of your comment.
3. By Hand Delivery or Courier. Deliver your comments to: Jay
Bortzer, Acting Chief, Air Programs Branch, (AR-18J), U.S.
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
18th floor, Chicago, Illinois 60604. Such deliveries are only accepted
during the Regional Office's normal hours of operation. The Regional
Office's official hours of business are Monday through Friday, 8:30 to
4:30 excluding Federal holidays.
C. How Should I Submit CBI To the Agency?
Do not submit information that you consider to be CBI
electronically to EPA. You may claim information that you submit to EPA
as CBI by marking any part or all of that information as CBI (if you
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is CBI). Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the official public regional rulemaking file. If you submit the copy
that does not contain CBI on disk or CD ROM, mark the outside of the
disk or CD ROM clearly that it does not contain CBI. Information not
marked as CBI will be included in the public file and available for
public inspection without prior notice. If you have any questions about
CBI or the procedures for claiming CBI, please consult the person
identified in the FOR FURTHER INFORMATION CONTACT section.
II. Background Information
The EPA's definition of VOC found at 40 CFR 51.100(s) lists
compounds excluded from the definition of VOC on the basis that they
have negligible photochemical reactivity. On February 7, 1996 (61 FR
4588), EPA amended the definition of VOC to add perchloroethylene
(tetrachloroethylene) to the list of compounds excluded from the
definition of VOC and thereby from control as ozone precursors. On
October 8, 1996 (61 FR 52848), EPA amended the definition of VOC to add
3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca); 1,3-dichloro-
1,1,2,2,3-pentafluoropropane (HCFC-225cb); and decafluoropentane (HFC
43-10mee) to the list of compounds excluded from the definition of VOC
and thereby from control as ozone precursors. Similarly, on August 25,
1997 (62 FR 44900), EPA amended the definition of VOC to add
difluoromethane (HFC-32); ethylfluoride (HFC-161); 1,1,1,3,3,3-
hexafluoropropane (HFC-236fa); 1,1,2,2,3-pentafluoropropane (HFC-
245ca); 1,1,2,3,3-pentafluoropropane (HFC-245ea); 1,1,1,2,3-
pentafluoropropane (HFC-245eb); 1,1,1,3,3-pentafluoropropane (HFC-
245fa); 1,1,1,2,3,3-hexafluoropropane (HFC-236ea); 1,1,1,3,3-
pentafluorobutane (HFC-365mfc); chlorofluoromethane (HCFC-31); 1,2-
dichloro-1,1,2-trifluoroethane (HCFC-123a); 1-chloro-1-fluoroethane
(HCFC-151a); 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxybutane
(C4F9OCH3); 2-(difluoromethoxymethyl)-
1,1,1,2,3,3,3-heptafluoropropane ((CF3)
2CFCF2OCH3); 1-ethoxy-
1,1,2,2,3,3,4,4,4-nonafluorobutane
[[Page 13476]]
(C4F9OC2H5); and 2-
(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane
((CF3)
2CFCF2OC2H5) to the list of
compounds excluded from the definition of VOC and thereby from control
as ozone precursors. These exclusions were based on scientific evidence
that these chemical compounds have negligible photochemical reactivity
and a negligible contribution to tropospheric ozone formation.
III. What Has Illinois Submitted?
On October 31, 2003, the Illinois Environmental Protection Agency
(IEPA) submitted revisions to the Illinois SIP for ozone. The submittal
revises the definition for VOM and VOC contained in 35 Ill. Adm. Code
211.7250 to incorporate an exemption for perchloroethylene
(tetrachloroethylene); 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-
225ca); 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb);
decafluoropentane (HFC 43-10mee); difluoromethane (HFC-32);
ethylfluoride (HFC-161); 1,1,1,3,3,3-hexafluoropropane (HFC-236fa);
1,1,2,2,3-pentafluoropropane (HFC-245ca); 1,1,2,3,3-pentafluoropropane
(HFC-245ea); 1,1,1,2,3-pentafluoropropane (HFC-245eb); 1,1,1,3,3-
pentafluoropropane (HFC-245fa); 1,1,1,2,3,3-hexafluoropropane (HFC-
236ea); 1,1,1,3,3-pentafluorobutane (HFC-365mfc); chlorofluoromethane
(HCFC-31); 1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a); 1-chloro-1-
fluoroethane (HCFC-151a); 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxybutane
(C4F9OCH3); 2-(difluoromethoxymethyl)-
1,1,1,2,3,3,3-heptafluoropropane
((CF3)2CFCF2OCH3); 1-
ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane
(C4F9OC2H5); and 2-
(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane
((CF3)2CFCF2OC2H5
) from the definition of VOM and VOC and thereby, from regulation as
ozone precursors. The revisions to the Illinois definition of VOM and
VOC were made in response to, and consistent with, EPA's action to add
these chemical compounds to the list of chemicals that are exempted
from the definition of VOC.
IV. Did Illinois Hold a Public Hearing?
Illinois held public hearings on these revisions on November 20,
1996, April 2, 1997, and June 3, 1998.
V. What Action Is EPA Taking?
For the reasons stated above, EPA is approving Illinois' October
31, 2003 request to revise the definition for VOM and VOC contained in
35 Ill. Adm. Code 211.7250. EPA's approval of the new definition of VOM
and VOC will revise the Illinois SIP for ozone.
VI. Is this Action Final, or May I Submit Comments?
EPA is publishing this action without prior proposal, because EPA
views this as a noncontroversial revision and anticipates no adverse
comments. However, in a separate document in this Federal Register
publication, EPA is proposing to approve the SIP revision. Should EPA
receive adverse written comments by April 22, 2004, we will withdraw
this direct final and respond to any comments in a final action. If EPA
does not receive adverse comments, this action will be effective
without further notice. Any parties interested in commenting on this
action should do so at this time. If we do not receive comments, this
action will be effective on May 24, 2004.
VII. Statutory and Executive Order Reviews
Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget.
Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
For this reason, this action is also not subject to Executive Order
13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001).
Regulatory Flexibility Act
This action merely approves state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.).
Unfunded Mandates Reform Act
Because this rule approves pre-existing requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it 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).
Executive Order 13175: Consultation and Coordination with Indian Tribal
Governments
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 13132: Federalism
This action also does not have Federalism implications because it
does not have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely approves a state rule implementing a
Federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act.
Executive Order 13045: Protection of Children from Environmental Health
and Safety Risks
This rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
National Technology Transfer Advancement Act
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply.
Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
[[Page 13477]]
Congressional Review Act
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 rule 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 May 24, 2004. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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: March 1, 2004.
Jo Lynn Traub,
Acting Regional Administrator, Region 5.
0
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart O--Illinois
0
2. Section 52.720 is amended by adding paragraph (c)(168) to read as
follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(168) On October 31, 2003, the Illinois Environmental Protection
Agency submitted revisions to the Illinois State Implementation Plan
for ozone. The submittal revises the definition for volatile organic
material (VOM) and volatile organic compound (VOC) contained in 35 Ill.
Adm. Code 211.7250 to incorporate an exemption for perchloroethylene
(tetrachloroethylene); 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-
225ca); 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb);
decafluoropentane (HFC 43-10mee); difluoromethane (HFC-32);
ethylfluoride (HFC-161); 1,1,1,3,3,3-hexafluoropropane (HFC-236fa);
1,1,2,2,3-pentafluoropropane (HFC-245ca); 1,1,2,3,3-pentafluoropropane
(HFC-245ea); 1,1,1,2,3-pentafluoropropane (HFC-245eb); 1,1,1,3,3-
pentafluoropropane (HFC-245fa); 1,1,1,2,3,3-hexafluoropropane (HFC-
236ea); 1,1,1,3,3-pentafluorobutane (HFC-365mfc); chlorofluoromethane
(HCFC-31); 1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a); 1-chloro-1-
fluoroethane (HCFC-151a); 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxybutane
(C4F9OCH3); 2-(difluoromethoxymethyl)-
1,1,1,2,3,3,3-heptafluoropropane
((CF3)2CFCF2OCH3); 1-
ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane
(C4F9OC2H5); and 2-
(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane
((CF3)2CFCF2OC2H5
) from the definition of VOM and VOC and thereby, from regulation as
ozone precursors.
(i) Incorporation by reference.
(A) Illinois Administrative Code Title 35: Environmental
Protection, Subtitle B: Air Pollution, Chapter 1: 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), amended at Illinois Register 11405,
effective June 22, 1998.
[FR Doc. 04-6424 Filed 3-22-04; 8:45 am]
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