[Federal Register Volume 76, Number 246 (Thursday, December 22, 2011)]
[Notices]
[Page 79752]
[FR Doc No: 2011-32772]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Notice of Applications for Certificates of Public Convenience and
Necessity and Foreign Air Carrier Permits Filed Under Subpart B
(Formerly Subpart Q) During the Week Ending December 3, 2011

    The following Applications for Certificates of Public Convenience
and Necessity and Foreign Air Carrier Permits were filed under Subpart
B (formerly Subpart Q) of the Department of Transportation's Procedural
Regulations (See 14 CFR 301.201 et. seq.). The due date for Answers,
Conforming Applications, or Motions to ModifyScope are set forth below
for each application. Following the Answer period DOT may process the
application by expedited procedures. Such procedures may consist of the
adoption of a show-cause order, a tentative order, or inappropriate
cases a final order without further proceedings.

    Docket Number: DOT-OST-2001-11158.
    Date Filed: December 2, 2011.
    Due Date for Answers, Conforming Applications, or Motion to Modify
Scope: December 23, 2011.
    Description: Application of WestJet requesting renewal of its
exemption authority to engagein: (i) Scheduled foreign air
transportation of persons, property and mail from points behind Canada
via Canada and intermediate points to a point or points in theUnited
States and beyond; (ii) charter foreign air transportation between any
point or points in Canada and any point or points in the United States
and beyond, provided that, except with respect to cargo charters, such
service constitutes part of a continuous operation, with or without a
change of aircraft, that includes service to Canada for the purpose of
carrying local traffic between Canada and the United States; and (iii)
other charters.WestJet further requests issuance of a foreign air
carrier permit to enableWestJet to engage in the same foreign air
transportation described above.

Renee V. Wright,
 Program Manager, Docket Operations, Federal Register Liaison.
[FR Doc. 2011-32772 Filed 12-21-11; 8:45 am]
BILLING CODE 4910-9X-P


for at least 2 years following the date of the measurements. This
requirement is included under Sec.  60.7(f) of the General Provisions.
    (b) You must submit a report of excess emissions to the
Administrator in your annual report if you had excess emissions during
the reporting period. The excess emissions report must be submitted to
the EPA via the Compliance and Emissions Data Reporting Interface
(CEDRI). (CEDRI can be accessed through the EPA's Central Data Exchange
(CDX) (https://cdx.epa.gov/).) You must use the appropriate electronic
report in CEDRI for this subpart or an alternate electronic file format
consistent with the extensible markup language (XML) schema listed on
the CEDRI Web site (http://www.epa.gov/ttn/chief/cedri/index.html). If
the reporting form specific to this subpart is not available in CEDRI
at the time that the report is due, you must submit the report to the
Administrator at the appropriate address listed in Sec.  60.4. You must
begin submitting reports via CEDRI no later than 90 days after the form
becomes available in CEDRI. The report must be submitted by the
deadline specified in this subpart, regardless of the method in which
the report is submitted. For the purpose of these reports, excess
emissions are defined as specified in paragraphs (b)(1) and (2) of this
section.
    (1) Any 24-hour period (at consistent intervals) during which the
average sulfur emission reduction efficiency (R) is less than the
minimum required efficiency (Z).
    (2) For any affected facility electing to comply with the
provisions of Sec.  60.5407a(b)(2), any 24-hour period during which the
average temperature of the gases leaving the combustion zone of an
incinerator is less than the appropriate operating temperature as
determined during the most recent performance test in accordance with
the provisions of Sec.  60.5407a(b)(3). Each 24-hour period must
consist of at least 96 temperature measurements equally spaced over the
24 hours.
    (c) To certify that a facility is exempt from the control
requirements of these standards, for each facility with a design
capacity less than 2 LT/D of H2S in the acid gas (expressed
as sulfur) you must keep, for the life of the facility, an analysis
demonstrating that the facility's design capacity is less than 2 LT/D
of H2S expressed as sulfur.
    (d) If you elect to comply with Sec.  60.5407a(e) you must keep,
for the life of the facility, a record demonstrating that the
facility's design capacity is less than 150 LT/D of H2S
expressed as sulfur.
    (e) The requirements of paragraph (b) of this section remain in
force until and unless the EPA, in delegating enforcement authority to
a state under section 111(c) of the Act, approves reporting
requirements or an alternative means of compliance surveillance adopted
by such state. In that event, affected sources within the state will be
relieved of obligation to comply with paragraph (b) of this section,
provided that they comply with the requirements established by the
state. Electronic reporting to the EPA cannot be waived, and as such,
the provisions of this paragraph do not relieve owners or operators of
affected facilities of the requirement to submit the electronic reports
required in this section to the EPA.

Sec.  60.5425a  What parts of the General Provisions apply to me?

    Table 3 to this subpart shows which parts of the General Provisions
in Sec. Sec.  60.1 through 60.19 apply to you.

Sec.  60.5430a  What definitions apply to this subpart?

    As used in this subpart, all terms not defined herein shall have
the meaning given them in the Act, in subpart A or subpart VVa of part
60; and the following terms shall have the specific meanings given
them.
    Acid gas means a gas stream of hydrogen sulfide (H2S)
and carbon dioxide (CO2) that has been separated from sour
natural gas by a sweetening unit.
    Alaskan North Slope means the approximately 69,000 square-mile area
extending from the Brooks Range to the Arctic Ocean.

    API Gravity means the weight per unit volume of hydrocarbon liquids
as measured by a system recommended by the American Petroleum Institute
(API) and is expressed in degrees.
    Bleed rate means the rate in standard cubic feet per hour at which
natural gas is continuously vented (bleeds) from a pneumatic
controller.
    Capital expenditure means, in addition to the definition in 40 CFR
60.2, an expenditure for a physical or operational change to an
existing facility that exceeds P, the product of the facility's
replacement cost, R, and an adjusted annual asset guideline repair
allowance, A, as reflected by the following equation: P = R x A, where:
    (1) The adjusted annual asset guideline repair allowance, A, is the
product of the percent of the replacement cost, Y, and the applicable
basic annual asset guideline repair allowance, B, divided by 100 as
reflected by the following equation:

A = Y x (B / 100);

    (2) The percent Y is determined from the following equation: Y =
1.0 - 0.575 log X, where X is 2011 minus the year of construction; and
    (3) The applicable basic annual asset guideline repair allowance,
B, is 4.5.
    Centrifugal compressor means any machine for raising the pressure
of a natural gas by drawing in low pressure natural gas and discharging
significantly higher pressure natural gas by means of mechanical
rotating vanes or impellers. Screw, sliding vane, and liquid ring
compressors are not centrifugal compressors for the purposes of this
subpart.
    Certifying official means one of the following:
    (1) For a corporation: A president, secretary, treasurer, or vice-
president of the corporation in charge of a principal business
function, or any other person who performs similar policy or decision-
making functions for the corporation, or a duly authorized
representative of such person if the representative is responsible for
the overall operation of one or more manufacturing, production, or
operating facilities applying for or subject to a permit and either:
    (i) The facilities employ more than 250 persons or have gross
annual sales or expenditures exceeding $25 million (in second quarter
1980 dollars); or
    (ii) The Administrator is notified of such delegation of authority
prior to the exercise of that authority. The Administrator reserves the
right to evaluate such delegation;
    (2) For a partnership (including but not limited to general
partnerships, limited partnerships, and limited liability partnerships)
or sole proprietorship: A general partner or the proprietor,
respectively. If a general partner is a corporation, the provisions of
paragraph (1) of this definition apply;
    (3) For a municipality, State, Federal, or other public agency:
Either a principal executive officer or ranking elected official. For
the purposes of this part, a principal executive officer of a Federal
agency includes the chief executive officer having responsibility for
the overall operations of a principal geographic unit of the agency
(e.g., a Regional Administrator of EPA); or
    (4) For affected facilities:
    (i) The designated representative in so far as actions, standards,
requirements, or prohibitions under title IV of the Clean Air Act or
the regulations promulgated thereunder are concerned; or
    (ii) The designated representative for any other purposes under
part 60.
    Chemical/methanol or diaphragm pump means a gas-driven positive
displacement pump typically used to inject precise amounts of chemicals
into process streams or circulate glycol compounds for freeze
protection.
    City gate means the delivery point at which natural gas is
transferred from a transmission pipeline to the local gas utility.
    Collection system means any infrastructure that conveys gas or
liquids from the well site to another location for treatment, storage,
processing, recycling, disposal or other handling.
    Completion combustion device means any ignition device, installed
horizontally or vertically, used in exploration and production
operations to combust otherwise vented emissions from completions.
    Compressor station site means any permanent combination of one or
more compressors that move natural gas at increased pressure through
gathering or transmission pipelines, or into or out of storage. This
includes, but is not limited to, gathering and boosting stations and
transmission compressor stations.
    Condensate means hydrocarbon liquid separated from natural gas that
condenses due to changes in the temperature, pressure, or both, and
remains liquid at standard conditions.
    Continuous bleed means a continuous flow of pneumatic supply
natural gas to a pneumatic controller.
    Crude oil and natural gas source category means:
    (1) Crude oil production, which includes the well and extends to
the point of custody transfer to the crude oil transmission pipeline;
and
    (2) Natural gas production, processing, transmission, and storage,
which include the well and extend to, but do not include, the city
gate.
    Custody transfer means the transfer of natural gas after processing
and/or treatment in the producing operations, or from storage vessels
or automatic transfer facilities or other such equipment, including
product loading racks, to pipelines or any other forms of
transportation.
    Dehydrator means a device in which an absorbent directly contacts a
natural gas stream and absorbs water in a contact tower or absorption
column (absorber).
    Deviation means any instance in which an affected source subject to
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this
subpart including, but not limited to, any emission limit, operating
limit, or work practice standard;
    (2) Fails to meet any term or condition that is adopted to
implement an applicable requirement in this subpart and that is
included in the operating permit for any affected source required to
obtain such a permit; or
    (3) Fails to meet any emission limit, operating limit, or work
practice standard in this subpart during startup, shutdown, or
malfunction, regardless of whether or not such failure is permitted by
this subpart.
    Delineation well means a well drilled in order to determine the
boundary of a field or producing reservoir.
    Equipment, as used in the standards and requirements in this
subpart relative to the equipment leaks of methane and VOC from onshore
natural gas processing plants, means each pump, pressure relief device,
open-ended valve or line, valve, and flange or other connector that is
in VOC service or in wet gas service, and any device or system required
by those same standards and requirements in this subpart.
    Field gas means feedstock gas entering the natural gas processing
plant.
    Field gas gathering means the system used transport field gas from
a field to the main pipeline in the area.
    Flare means a thermal oxidation system using an open (without
enclosure) flame. Completion combustion devices as defined in this
section are not considered flares.
    Flow line means a pipeline used to transport oil and/or gas to a
processing facility, a mainline pipeline, re-injection, or routed to a
process or other useful purpose.

    Flowback means the process of allowing fluids and entrained solids
to flow from a well following a treatment, either in preparation for a
subsequent phase of treatment or in preparation for cleanup and
returning the well to production. The term flowback also means the
fluids and entrained solids that emerge from a well during the flowback
process. The flowback period begins when material introduced into the
well during the treatment returns to the surface following hydraulic
fracturing or refracturing. The flowback period ends when either the
well is shut in and permanently disconnected from the flowback
equipment or at the startup of production. The flowback period includes
the initial flowback stage and the separation flowback stage.
    Fugitive emissions component means any component that has the
potential to emit fugitive emissions of methane or VOC at a well site
or compressor station site, including but not limited to valves,
connectors, pressure relief devices, open-ended lines, access doors,
flanges, closed vent systems, thief hatches or other openings on a
storage vessels, agitator seals, distance pieces, crankcase vents,
blowdown vents, pump seals or diaphragms, compressors, separators,
pressure vessels, dehydrators, heaters, instruments, and meters.
Devices that vent as part of normal operations, such as natural gas-
driven pneumatic controllers or natural gas-driven pumps, are not
fugitive emissions components, insofar as the natural gas discharged
from the device's vent is not considered a fugitive emission. Emissions
originating from other than the vent, such as the seals around the
bellows of a diaphragm pump, would be considered fugitive emissions.
    Gas processing plant process unit means equipment assembled for the
extraction of natural gas liquids from field gas, the fractionation of
the liquids into natural gas products, or other operations associated
with the processing of natural gas products. A process unit can operate
independently if supplied with sufficient feed or raw materials and
sufficient storage facilities for the products.
    Hydraulic fracturing means the process of directing pressurized
fluids containing any combination of water, proppant, and any added
chemicals to penetrate tight formations, such as shale or coal
formations, that subsequently require high rate, extended flowback to
expel fracture fluids and solids during completions.
    Hydraulic refracturing means conducting a subsequent hydraulic
fracturing operation at a well that has previously undergone a
hydraulic fracturing operation.
    In light liquid service means that the piece of equipment contains
a liquid that meets the conditions specified in Sec.  60.485a(e) or
Sec.  60.5401a(f)(2) of this part.
    In wet gas service means that a compressor or piece of equipment
contains or contacts the field gas before the extraction step at a gas
processing plant process unit.
    Initial flowback stage means the period during a well completion
operation which begins at the onset of flowback and ends at the
separation flowback stage.
    Intermediate hydrocarbon liquid means any naturally occurring,
unrefined petroleum liquid.
    Intermittent/snap-action pneumatic controller means a pneumatic
controller that is designed to vent non-continuously.
    Liquefied natural gas unit means a unit used to cool natural gas to
the point at which it is condensed into a liquid which is colorless,
odorless, non-corrosive and non-toxic.
    Low pressure well means a well with reservoir pressure and vertical
well depth such that 0.445 times the reservoir pressure (in psia) minus
0.038 times the vertical well depth (in feet) minus 67.578 psia is less
than the flow line pressure at the sales meter.
    Maximum average daily throughput means the earliest calculation of
daily average throughput during the 30-day PTE evaluation period
employing generally accepted methods.
    Natural gas-driven pneumatic controller means a pneumatic
controller powered by pressurized natural gas.
    Natural gas-driven chemical/methanol or diaphragm pump means a
chemical or methanol injection or circulation pump or a diaphragm pump
powered by pressurized natural gas.
    Natural gas liquids means the hydrocarbons, such as ethane,
propane, butane, and pentane that are extracted from field gas.
    Natural gas processing plant (gas plant) means any processing site
engaged in the extraction of natural gas liquids from field gas,
fractionation of mixed natural gas liquids to natural gas products, or
both. A Joule-Thompson valve, a dew point depression valve, or an
isolated or standalone Joule-Thompson skid is not a natural gas
processing plant.
    Natural gas transmission means the pipelines used for the long
distance transport of natural gas (excluding processing). Specific
equipment used in natural gas transmission includes the land, mains,
valves, meters, boosters, regulators, storage vessels, dehydrators,
compressors, and their driving units and appurtenances, and equipment
used for transporting gas from a production plant, delivery point of
purchased gas, gathering system, storage area, or other wholesale
source of gas to one or more distribution area(s).
    Nonfractionating plant means any gas plant that does not
fractionate mixed natural gas liquids into natural gas products.
    Non-natural gas-driven pneumatic controller means an instrument
that is actuated using other sources of power than pressurized natural
gas; examples include solar, electric, and instrument air.
    Onshore means all facilities except those that are located in the
territorial seas or on the outer continental shelf.
    Pneumatic controller means an automated instrument used for
maintaining a process condition such as liquid level, pressure, delta-
pressure and temperature.
    Pressure vessel means a storage vessel that is used to store
liquids or gases and is designed not to vent to the atmosphere as a
result of compression of the vapor headspace in the pressure vessel
during filling of the pressure vessel to its design capacity.
    Process unit means components assembled for the extraction of
natural gas liquids from field gas, the fractionation of the liquids
into natural gas products, or other operations associated with the
processing of natural gas products. A process unit can operate
independently if supplied with sufficient feed or raw materials and
sufficient storage facilities for the products.
    Produced water means water that is extracted from the earth from an
oil or natural gas production well, or that is separated from crude
oil, condensate, or natural gas after extraction.
    Reciprocating compressor means a piece of equipment that increases
the pressure of a process gas by positive displacement, employing
linear movement of the driveshaft.
    Reciprocating compressor rod packing means a series of flexible
rings in machined metal cups that fit around the reciprocating
compressor piston rod to create a seal limiting the amount of
compressed natural gas that escapes to the atmosphere.
    Recovered gas means gas recovered through the separation process
during flowback.
    Recovered liquids means any crude oil, condensate or produced water
recovered through the separation process during flowback.

    Reduced emissions completion means a well completion following
fracturing or refracturing where gas flowback that is otherwise vented
is captured, cleaned, and routed to the flow line or collection system,
re-injected into the well or another well, used as an on-site fuel
source, or used for other useful purpose that a purchased fuel or raw
material would serve, with no direct release to the atmosphere.
    Reduced sulfur compounds means H2S, carbonyl sulfide
(COS), and carbon disulfide (CS2).
    Removed from service means that a storage vessel affected facility
has been physically isolated and disconnected from the process for a
purpose other than maintenance in accordance with Sec.  60.5395a(c)(1).
    Responsible official means one of the following:
    (1) For a corporation: A president, secretary, treasurer, or vice-
president of the corporation in charge of a principal business
function, or any other person who performs similar policy or decision-
making functions for the corporation, or a duly authorized
representative of such person if the representative is responsible for
the overall operation of one or more manufacturing, production, or
operating facilities applying for or subject to a permit and either:
    (i) The facilities employ more than 250 persons or have gross
annual sales or expenditures exceeding $25 million (in second quarter
1980 dollars); or
    (ii) The delegation of authority to such representatives is
approved in advance by the permitting authority;
    (2) For a partnership or sole proprietorship: A general partner or
the proprietor, respectively;
    (3) For a municipality, State, Federal, or other public agency:
Either a principal executive officer or ranking elected official. For
the purposes of this part, a principal executive officer of a Federal
agency includes the chief executive officer having responsibility for
the overall operations of a principal geographic unit of the agency
(e.g., a Regional Administrator of EPA); or
    (4) For affected facilities:
    (i) The designated representative in so far as actions, standards,
requirements, or prohibitions under title IV of the Clean Air Act or
the regulations promulgated thereunder are concerned; or
    (ii) The designated representative for any other purposes under
part 60.
    Returned to service means that a storage vessel affected facility
that was removed from service has been:
    (1) Reconnected to the original source of liquids or has been used
to replace any storage vessel affected facility; or
    (2) Installed in any location covered by this subpart and
introduced with crude oil, condensate, intermediate hydrocarbon liquids
or produced water.
    Routed to a process or route to a process means the emissions are
conveyed via a closed vent system to any enclosed portion of a process
where the emissions are predominantly recycled and/or consumed in the
same manner as a material that fulfills the same function in the
process and/or transformed by chemical reaction into materials that are
not regulated materials and/or incorporated into a product; and/or
recovered.
    Salable quality gas means natural gas that meets the flow line or
collection system operator specifications, regardless of whether such
gas is sold.
    Separation flowback stage means the period during a well completion
operation when it is technically feasible for a separator to function.
The separation flowback stage ends either at the startup of production,
or when the well is shut in and permanently disconnected from the
flowback equipment.
    Startup of production means the beginning of initial flow following
the end of flowback when there is continuous recovery of salable
quality gas and separation and recovery of any crude oil, condensate or
produced water.
    Storage vessel means a tank or other vessel that contains an
accumulation of crude oil, condensate, intermediate hydrocarbon
liquids, or produced water, and that is constructed primarily of
nonearthen materials (such as wood, concrete, steel, fiberglass, or
plastic) which provide structural support. A well completion vessel
that receives recovered liquids from a well after startup of production
following flowback for a period which exceeds 60 days is considered a
storage vessel under this subpart. A tank or other vessel shall not be
considered a storage vessel if it has been removed from service in
accordance with the requirements of Sec.  60.5395a(c) until such time
as such tank or other vessel has been returned to service. For the
purposes of this subpart, the following are not considered storage
vessels:
    (1) Vessels that are skid-mounted or permanently attached to
something that is mobile (such as trucks, railcars, barges or ships),
and are intended to be located at a site for less than 180 consecutive
days. If you do not keep or are not able to produce records, as
required by Sec.  60.5420a(c)(5)(iv), showing that the vessel has been
located at a site for less than 180 consecutive days, the vessel
described herein is considered to be a storage vessel from the date the
original vessel was first located at the site. This exclusion does not
apply to a well completion vessel as described above.
    (2) Process vessels such as surge control vessels, bottoms
receivers or knockout vessels.
    (3) Pressure vessels designed to operate in excess of 204.9
kilopascals and without emissions to the atmosphere.
    Sulfur production rate means the rate of liquid sulfur accumulation
from the sulfur recovery unit.
    Sulfur recovery unit means a process device that recovers element
sulfur from acid gas.
    Surface site means any combination of one or more graded pad sites,
gravel pad sites, foundations, platforms, or the immediate physical
location upon which equipment is physically affixed.
    Sweetening unit means a process device that removes hydrogen
sulfide and/or carbon dioxide from the sour natural gas stream.
    Total Reduced Sulfur (TRS) means the sum of the sulfur compounds
hydrogen sulfide, methyl mercaptan, dimethyl sulfide, and dimethyl
disulfide as measured by Method 16 of appendix A-6 of this part.
    Total SO2 equivalents means the sum of volumetric or mass
concentrations of the sulfur compounds obtained by adding the quantity
existing as SO2 to the quantity of SO2 that would
be obtained if all reduced sulfur compounds were converted to
SO2 (ppmv or kg/dscm (lb/dscf)).
    Underground storage vessel means a storage vessel stored below
ground.
    Well means a hole drilled for the purpose of producing oil or
natural gas, or a well into which fluids are injected.
    Well completion means the process that allows for the flowback of
petroleum or natural gas from newly drilled wells to expel drilling and
reservoir fluids and tests the reservoir flow characteristics, which
may vent produced hydrocarbons to the atmosphere via an open pit or
tank.
    Well completion operation means any well completion with hydraulic
fracturing or refracturing occurring at a well affected facility.
    Well completion vessel means a vessel that contains flowback during
a well completion operation following hydraulic fracturing or
refracturing. A well completion vessel may be a lined earthen pit, a
tank or other vessel that is skid-mounted or portable. A well
completion vessel that receives

recovered liquids from a well after startup of production following
flowback for a period which exceeds 60 days is considered a storage
vessel under this subpart.
    Well site means one or more areas that are directly disturbed
during the drilling and subsequent operation of, or affected by,
production facilities directly associated with any oil well, natural
gas well, or injection well and its associated well pad. For the
purposes of the fugitive emissions standards at Sec.  60.5397a, well
site also includes tank batteries collecting crude oil, condensate,
intermediate hydrocarbon liquids, or produced water from wells not
located at the well site (e.g., centralized tank batteries).
    Wellhead means the piping, casing, tubing and connected valves
protruding above the earth's surface for an oil and/or natural gas
well. The wellhead ends where the flow line connects to a wellhead
valve. The wellhead does not include other equipment at the well site
except for any conveyance through which gas is vented to the
atmosphere.
    Wildcat well means a well outside known fields or the first well
drilled in an oil or gas field where no other oil and gas production
exists.

Sec. Sec.  60.5431a-60.5499a  [Reserved]

                          Table 1 to Subpart OOOOa of Part 60--Required Minimum Initial SO2 Emission Reduction Efficiency (Zi)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Sulfur feed rate (X), LT/D
         H2S content of acid gas (Y), %         --------------------------------------------------------------------------------------------------------
                                                    2.0300.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Y>50...........................................            79.0  88.51X\0.0101\Y\0.0125\ or 99.9, whichever is smaller.
                                                                ----------------------------------------------------------------------------------------
20300.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Y>50...........................................            74.0  85.35X\0.0144\Y\0.0128\ or 99.9, whichever is smaller.
                                                                ----------------------------------------------------------------------------------------
20


[Federal Register Volume 86, Number 28 (Friday, February 12, 2021)]
[Proposed Rules]
[Pages 9307-9308]
[FR Doc No: 2021-02744]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2020-0542; FRL-10017-35-Region 5]

Air Plan Approval; Illinois; Volatile Organic Material Definition
Update

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the Illinois State Implementation Plan (SIP). The
revision will amend the Illinois Administrative Code (IAC) by updating
the definition of volatile organic material (VOM) and volatile organic
compounds (VOC) to exclude (Z)-1,1,1,4,4,4-hexafluorobut-2-ene. This
revision is consistent with an EPA rulemaking in 2018, 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: Comments must be received on or before March 15, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2020-0542 at http://www.regulations.gov, or via email to
<EMAIL_ADDRESS>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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Andrew Lee, Physical Scientist,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>The EPA Region 5 office is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding Federal holidays and
facility closures due to COVID-19.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

I. Background Information

    Tropospheric ozone, commonly known as smog, is formed when VOC and
nitrogen oxides (NOX) react in the atmosphere in the
presence of sunlight. Because of the harmful effects of ozone, EPA and
state governments implement rules to limit the amount of certain VOC
and NOX that can be released into the atmosphere. VOC are
those compounds of carbon (excluding carbon monoxide, carbon dioxide,
carbonic acid, metallic carbides or carbonates, and ammonium carbonate)
that form ozone through atmospheric photochemical reactions. VOC have
different levels of reactivity; they do not react at the same speed or
form ozone to the same extent.
    The Clean Air Act (CAA) requires the regulation of VOC for various
purposes. Section 302(s) of the CAA specifies that EPA has the
authority to define the meaning of VOC, and hence, what compounds shall
be treated as VOC for regulatory purposes. EPA's longstanding policy is
that compounds of carbon with negligible reactivity need not be
regulated to reduce ozone and should be exempted from the regulatory
definition of VOC. See 42 FR 35314 (July 8, 1977), 70 FR 54046 (Sept.
13, 2005).
    EPA uses the reactivity of ethane as the threshold for determining
whether a compound makes a negligible contribution to tropospheric
ozone formation. Compounds that are less reactive than, or equally
reactive to, ethane under certain assumed conditions may be deemed
negligibly reactive and, therefore, suitable for exemption by EPA from
the regulatory definition of VOC. EPA lists compounds it has determined
to be negligibly reactive, and thus excluded from the regulatory
definition of VOC, in 40 CFR 51.100(s).
    On November 28, 2018, EPA added cis-1,1,1,4,4,4-hexafluorobut-2-ene
(also known as HFO-1336mzz-Z; Chemical Abstract Service (CAS) RN 692-
49-9), a hydrofluoroolefin, to the list of compounds excluded from the
regulatory definition of VOC because it makes a negligible contribution
to ground-level ozone formation. See 83 FR 61127.

II. The Illinois Submittal

    On October 20, 2020, the Illinois Environmental Protection Agency
(IEPA) submitted amendments to 35 IAC 211.7150 ``Volatile Organic
Material (VOM) or Volatile Organic Compound (VOC)'' for approval as
revisions to the Illinois SIP. Illinois' SIP currently includes a
definition of VOM at 35 IAC 211.7150. See 81 FR 95475 (Dec. 28, 2016).
Subsection (a) of 35 IAC 211.7150 includes a list of compounds excluded
from the regulatory definition of VOC, which reflect some of the
compounds EPA has excluded in 40 CFR 51.100(s), on the basis that they
make a negligible contribution to tropospheric ozone formation.
    The proposed SIP revision updates the compounds excluded from the
definition of VOM to conform to EPA's recent exemption of a chemical
compound from regulations of ozone precursors. Specifically, the SIP
revision excludes (Z)-1,1,1,4,4,4-hexafluorobut-2-ene from the
definition of VOM or VOC at 35 IAC 211.7150. Illinois uses the
International Union of Pure and Applied Chemistry (IUPAC) preferred
name of (Z)-1,1,1,4,4,4-hexafluorobut-2-ene instead of cis-1,1,1,4,4,4-
hexafluorobut-2-ene when addressing the compound. These changes do not
interfere with the Federal listing of excluded compounds, and provide
more specific chemical composition, structural, and isomeric
identification information. Illinois also lists the compound by its
other identifiers: HFO-1336mzz-Z and CAS No. 692-49-9.
    The Illinois Pollution Control Board (IPCB) held a public hearing
on the proposed SIP revision on July 16, 2020. IPCB received three
comments at the public hearing that resulted in no

substantial changes to the amendment. IPCB also adopted minor
administrative changes such as alphabetizing compound names and
adopting IUPAC names for some compounds listed at 35 IAC 211.7150.

III. EPA's Analysis of the Proposed SIP Revision

    In 2014, EPA received a petition requesting that cis-1,1,1,4,4,4-
hexafluorobut-2-ene be exempted from VOC control based on its low
reactivity, using ethane as a benchmark. Based on the mass maximum
incremental reactivity value for the compound being less than that of
ethane, EPA concluded that this compound makes negligible contributions
to tropospheric ozone formation. Additionally, EPA considered risks not
related to tropospheric ozone associated with currently allowed uses of
the chemical to be acceptable. As a result, on November 28, 2018, EPA
responded to the petition by amending 40 CFR 51.100(s) 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. See 83 FR 61127 (Nov. 28, 2018). EPA's action
became effective on January 28, 2019.
    By excluding cis-1,1,1,4,4,4-hexafluorobut-2-ene from the
definition of VOM at 35 IAC 211.7150, Illinois' proposed SIP revision
is consistent with EPA's action amending the definition of VOC at 40
CFR 51.100(s).

IV. What action is EPA taking?

    EPA is proposing to approve the revision to the Illinois SIP at 35
IAC 211.7150 submitted on October 20, 2020. The proposed approval of
the revision meets the criteria of the CAA and applicable Federal
regulations.

V. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference revisions to 35 IAC 211.7150 ``Volatile Organic Material
(VOM) or Volatile Organic Compound (VOC)'', effective August 18, 2020.
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).

VI. 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);
     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 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).

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: February 4, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2021-02744 Filed 2-11-21; 8:45 am]
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