[Federal Register: December 31, 2007 (Volume 72, Number 249)]
[Proposed Rules]
[Page 74250-74252]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31de07-21]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2006-0003; FRL-8512-5]
Approval and Promulgation of Air Quality Implementation Plans;
Illinois
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing disapproval of a revision to the Illinois
Ozone State Implementation Plan (SIP). On August 17, 2005, Illinois
requested that five compounds be added to its list of compounds exempt
from being considered a volatile organic compound (VOC). EPA no longer
considers four of the compounds to be VOCs because the compounds were
shown to be negligibly photochemically reactive. Thus, the compounds do
not lead to ozone formation. For the fifth compound, t-butyl acetate,
EPA determined that it is not considered a VOC for emission limits and
VOC content requirements, but it is considered a VOC for recordkeeping,
emission reporting, and inventory requirements. Illinois has indicated
it is correcting the restrictions on t-butyl acetate. Consequently, EPA
is alternatively proposing approval of the SIP revisions if t-butyl
acetate is removed from the list of compounds exempt from being
considered VOC or if the special requirements for t-butyl acetate are
clearly indicated. Illinois must submit the supporting documentation
during the comment period for this rule.
DATES: Comments must be received on or before January 30, 2008.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2006-0003, by one of the following methods:
1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: mooney.john@epa.gov.
3. Fax: (312)886-5824.
4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal
holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2006-0003. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or e-mail.
The http://www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through http://www.regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
instructions on submitting comments, go to Section I of the
SUPPLEMENTARY INFORMATION section of this document.
Docket: All documents in the docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This Facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. We
recommend that you telephone Matt Rau, Environmental Engineer, (312)
886-6524 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer,
Criteria Pollutant Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-6524, rau.matthew@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 Should I Consider as I Prepare My Comments for EPA?
II. What Revisions Did the State Request?
III. What Is EPA's Analysis of the Revisions?
IV. What Action Is EPA Taking Today?
V. Statutory and Executive Order Reviews
I. What Should I Consider as I Prepare My Comments for EPA?
When submitting comments, remember to:
1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
2. Follow directions--The EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
4. Describe any assumptions and provide any technical information
and/or data that you used.
5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
[[Page 74251]]
7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
8. Make sure to submit your comments by the comment period deadline
identified.
II. What Revisions Did the State Request?
Illinois requested revisions to its ozone SIP which would add five
compounds from the list of compounds considered to not be VOC. The
State requested the compounds 1,1,1,2,2,3,3-heptafluoro-3-
methoxypropane (n-C3F7OCH3), 3-ethoxy
1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl)hexane (HFE-
7500), 1,1,1,2,3,3,3-heptafluoropropane (HFC-227ea), methyl formate,
and t-butyl acetate be added to its list of compounds exempt from VOC
requirements. Illinois also requested the addition of special
requirements for t-butyl acetate. The compound, t-butyl acetate, will
be considered VOC for recordkeeping, emissions reporting, modeling, and
inventory requirements, but is not considered VOC for emission limits
or content requirements. The special restrictions on t-butyl acetate
are listed in a separate section from the listing of compounds exempt
from being considered VOCs.
III. What Is EPA's Analysis of the Revisions?
EPA added four compounds, n-
C3F7OCH3, HFE-7500, HFC-227ea, and
methyl formate, to its list of compounds exempt from VOC requirements
on November 29, 2004 (69 FR 69290). EPA also provided special
requirements for t-butyl acetate users in a separate November 29, 2004,
action (69 FR 69298). Users of t-butyl acetate still must follow the
recordkeeping, emissions reporting, modeling, and inventory
requirements. However, t-butyl acetate is not considered a VOC for
content requirements and emission limits.
Illinois added the four compounds from the EPA plus t-butyl acetate
to Title 35 of the Illinois Administration Code Section 211.7150(a),
its list of compounds exempt from VOC requirements. It also added
Section 211.7150(e), which provides the same unique requirements for t-
butyl acetate users as the EPA action did. It is not appropriate for t-
butyl acetate to be listed in 211.7150(a) because this compound is not
exempt from all VOC requirements as are the other compounds listed
there. It should be listed in 211.7150(e) only, so the unique
requirements for t-butyl acetate are clear. This would follow the
approach EPA took in making these revisions to the Federal definition
of VOC through separate actions.
EPA would find the requested revisions approvable if Illinois
removes t-butyl acetate from the list of compounds exempt from VOC
requirements in 211.7150(a). This would leave it listed only under
211.7150(e) which makes it clear what requirements apply to t-butyl
acetate users. EPA would also find it acceptable for Illinois to add a
note to section 211.7150(a) that certain compounds listed in section
211.7150(a) are subject to the requirements of 211.7150(e). This would
direct t-butyl acetate users to section 211.7150(e) where the special
requirements for this compound are stated.
IV. What Action Is EPA Taking Today?
EPA is proposing disapproval of the requested ozone revisions to
the Illinois SIP. In the alternative, EPA is proposing approval of
ozone revisions to the Illinois SIP if a correction is made to Title 35
of the Illinois Administration Code Section 211.7150(a) to remove t-
butyl acetate from the list of compounds exempt from VOC regulations or
if it is clearly stated that t-butyl acetate is subject to the
requirements of section 211.7150(e). Illinois must submit the
supporting documentation of the correction during the comment period
for this rule for the alternative, proposed approval to be considered.
Illinois has proposed adding language to section 211.7150(a) that
states some compounds listed in that section must also follow the
restrictions in section 211.7150(e). EPA finds this language
acceptable. If Illinois submits the final state rule with language of
the proposed state rule, this action should be considered a proposed
approval.
VI. Statutory and Executive Order Reviews
Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, September 30, 1993), this
action is not a ``significant regulatory action'' and, therefore, is
not subject to review by the Office of Management and Budget.
Paperwork Reduction Act
This proposed 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.).
Regulatory Flexibility Act
This proposed action merely proposes to approve state law as
meeting Federal requirements and imposes no additional requirements
beyond those imposed by state law. Accordingly, the Administrator
certifies that this proposed 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 proposes to approve 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 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 proposes to approve 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 13175: Consultation and Coordination With Indian Tribal
Governments
This proposed 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 13045: Protection of Children From Environmental Health
and Safety Risks
This proposed 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 proposes approval of
a state rule implementing a Federal Standard.
Executive Order 13211: Actions That Significantly Affect Energy Supply,
Distribution, or Use
Because it is not a ``significant regulatory action'' under
Executive
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Order 12866 or a ``significant regulatory action,'' 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).
National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), 15 U.S.C. 272, requires Federal agencies to use
technical standards that are developed or adopted by voluntary
consensus to carry out policy objectives, so long as such standards are
not inconsistent with applicable law or otherwise impractical. In
reviewing SIP submissions, EPA's role is to approve State choices,
provided that they meet the criteria of the Clean Air Act. Absent a
prior existing requirement for the state to use voluntary consensus
standards, EPA has no authority to disapprove a SIP submission for
failure to use such standards, and it would thus be inconsistent with
applicable law for EPA to use voluntary consensus standards in place of
a program submission that otherwise satisfies the provisions of the
Clean Air Act. Therefore, the requirements of section 12(d) of the
NTTAA do not apply.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: December 18, 2007.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. E7-25405 Filed 12-28-07; 8:45 am]
BILLING CODE 6560-50-P