16940 Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Rules and Regulations 

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 limited 

approval and limited disapproval of the 

West Virginia Regional Haze SIP 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, Nitrogen dioxide, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: March 15, 2012. 

James W. Newsom, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart XX—West Virginia 

■ 2. In § 52.2520, the table in paragraph 

(e) is amended by adding an entry for 

Regional Haze Plan at the end of the 

table to read as follows: 

52.2520 Identification of plan. 

* * * * * 

(e) * * * 

Name of non-regulatory SIP 

revision Applicable geographic area State submittal date EPA approval date Additional explanation 

*******

Regional Haze Plan ................ Statewide ............................... 6/18/08 3/23/12 [Insert page number 

where the document begins].

§52.2533(d); Limited Approval. 

■ 3. Section 52.2533 is amended by 

adding paragraph (d) to read as follows: 

52.2533 Visibility protection. 

* * * * * 

(d) Limited approval of the Regional 

Haze Plan submitted by West Virginia 

on June 18, 2008; limited disapproval 

for those sections relying upon emission 

reductions from the Clean Air Interstate 

Rule (CAIR). 

[FR Doc. 2012–7027 Filed 3–22–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2010–0671; FRL–9633–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; Illinois; 

Volatile Organic Compound Emission 

Control Measures for Chicago and 

Metro-East St. Louis Ozone 

Nonattainment Areas 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving, under the 

Clean Air Act (the Act), revisions to the 

Illinois State Implementation Plan (SIP) 

submitted on July 29, 2010, September 

16, 2011 and September 29, 2011. The 

purpose of these rules is to satisfy the 

Act’s requirement that States revise 

their SIPs to include reasonably 

available control technology (RACT) for 

sources of volatile organic compound 

(VOC) emissions in moderate ozone 

nonattainment areas. Illinois’ VOC rules 

provide RACT requirements for the 

Chicago and Metro-East St. Louis 8-hour 

ozone nonattainment areas. These rules 

are approvable because they are 

consistent with the Control Technique 

Guideline (CTG) documents issued by 

EPA in 2006, 2007 and 2008 and satisfy 

the RACT requirements of the Act. EPA 

proposed this rule for approval on 

November 30, 2011 and received 

comments from Illinois EPA. 

DATES: This final rule is effective on 

April 23, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

EPA–R05–OAR–2010–0671. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

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 electronically through 

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 Federal holidays. We 

recommend that you telephone Steven 

Rosenthal, Environmental Engineer, at 

(312) 886–6052 before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Steven Rosenthal, Environmental 

Engineer, Air Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–6052. 

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 public comments were received on 

the proposed approval? 

II. What action is EPA taking today and what 

is the basis of this action? 

III. Statutory and Executive Order Reviews 

I. What public comments were received 

on the proposed approval? 

EPA proposed this rule for approval 

on November 30, 2011 and received 

comments from Illinois EPA. Illinois 

EPA submitted comments in support of 

this rule on December 16, 2011. In its 

comments Illinois identified the 

following errors (with the appropriate 

corrections) that were made in the 

November 30, 2011 proposed approval. 

These corrections are: 

(1) Page 74015, Section IV, Subsection 

(1): The title should reference Part 211 

instead of Section 211. 

(2) Page 74015, Section IV, Subsection 

(3): The end of the first paragraph 

implies that Illinois’ surface coating 

regulations at 35 Ill. Adm. Code 218.208 

and 219.208 allow an equivalent 

applicability threshold of 2.7 tons of 

VOM per 12 month rolling period. 

Illinois’ rules contain no such 

equivalent threshold. 

(3) Pages 74015–74016, Section IV, 

Subsections (3) and (5): In the titles, the 

second set of section references should 

be to Part 219, not 218. 

(4) Page 74016, Section IV, Subsection 

(6): In the title, Illinois’ regulations 

specific to fiberglass boat manufacturing 


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Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Rules and Regulations 16941 

materials are contained in 35 Ill. Adm. 

Code 218.890 to 894 and 219.890 to 894. 

Sections 895 to 899 are (unofficially) 

reserved, and Sections 900 to 904 regard 

miscellaneous industrial adhesives. 

EPA agrees with Illinois’ corrected 

description of its rules. 

II. What action is EPA taking today and 

what is the basis of this action? 

EPA is taking final action to approve 

into Illinois’ SIP volatile organic 

material (VOM), which is the same as 

volatile organic compound, RACT rules 

for the Chicago and Metro-East St. Louis 

8-hour ozone nonattainment areas that 

were submitted on July 29, 2010, 

September 16, 2011 and September 29, 

2011. The purpose of these rules is to 

satisfy the Act’s requirement that States 

revise their SIPs to include RACT for 

sources of VOC emissions in moderate 

ozone nonattainment areas. Illinois’ 

VOM rules provide RACT requirements 

for the Chicago and Metro-East St. Louis 

8-hour ozone nonattainment areas. With 

respect to Illinois EPA’s second 

comment, it should be noted that 

Illinois’ VOM coating rules have a 15 

pounds VOM/day applicability cutoff 

which is consistent with EPA VOC 

RACT guidance. Although EPA’s 

coating CTGs allow an alternative 

applicability cutoff of 2.7 tons VOC/ 

year, this alternative is not required. 

These rules are approvable because they 

are consistent with the CTG documents 

issued by EPA in 2006, 2007 and 2008 

and satisfy the RACT requirements of 

the Act. 

III. Statutory and Executive Order 

Reviews 

Under the 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, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the 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 Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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 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, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

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 Act, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by May 22, 2012. 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, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: January 31, 2012. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart O—Illinois 

■ 2. Section 52.720 is amended by 

adding paragraph (c) (189) to read as 

follows: 

§ 52.720 Identification of plan. 

* * * * * 

(c) * * * 

(189) On July 29, 2010, September 16, 

2011 and September 29, 2011 Illinois 

submitted VOM RACT rules for the 

Chicago and Metro-East St. Louis 8-hour 

ozone nonattainment areas. These rules 

are consistent with the Control 

Technique Guideline documents issued 

by EPA in 2006, 2007 and 2008 and 

satisfy the RACT requirements of the 

Act. On February 28, 2011, Illinois EPA 

submitted a confirmation that the 

sewage treatment plant exemption in 

Subpart TT of Parts 218 and 219 does 

not apply to industrial wastewater. This 

clarification clearly establishes that 

VOM emissions from major non-CTG 

industrial wastewater operations are 

regulated by Subpart TT. 

(i) Incorporation by reference. The 

following sections of 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, are incorporated by 

reference: 

(A) Part 211: Definitions and General 

Provisions, Sections 211.1000, 

211.1745, 211.1878, 211.1885, 211.2359, 

211.2368, 211.2615, 211.2830, 211.2840, 

211.2965, 211.3215, 211.3305, 211.3555, 

211.3705, 211.3707, 211.4065, 211.5335, 

211.5535, 211.5585, 211.5860, 211.5875, 


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16942 Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Rules and Regulations 

211.5885, 211.6405, 211.6425, 211.6535, 

211.7290; effective June 25, 2010. 

(B) Part 211: Definitions and General 

Provisions, Sections 211.101, 211.102, 

211.200, 211.233, 211.235, 211.260, 

211.481, 211.492, 211.540, 211.715, 

211.735, 211.820, 211.825, 211.880, 

211.954, 211.965, 211.1128, 211.1455, 

211.1560, 211.1565, 211.1655, 211.1700, 

211.1872, 211.1876, 211.1877, 211.1880, 

211.1882, 211.1883, 211.2040, 211.2055, 

211.2210, 211.2310, 211.2320, 211.2360, 

211.2369, 211.2415, 211.2525, 211.2622, 

211.2825, 211.2955, 211.2956, 211.2958, 

211.2960, 211.2980, 211.3095, 211.3120, 

211.3240, 211.3505, 211.3665, 211.3760, 

211.3775, 211.3785, 211.3820, 211.3925, 

211.3961, 211.3966, 211.3967, 211.3968, 

211.3969, 211.3975, 211.4052, 211.4080, 

211.4220, 211.4285, 211.4455, 211.4540, 

211.4735, 211.4760, 211.4765, 211.4768, 

211.4769, 211.4895, 211.4900, 211.5012, 

211.5061, 211.5062, 211.5075, 211.5090, 

211.5400, 211.5520, 211.5550, 211.5800, 

211.5890, 211.5985, 211.5987, 211.6012, 

211.6015, 211.6017, 211.6020, 211.6063, 

211.6065, 211.6400, 211.6427, 211.6460, 

211.6585, 211.6640, 211.6670, 211.6690, 

211.6720, 211.6740, 211.6780, 211.6825, 

211.6885, 211.7220, 211.7240; effective 

September 14, 2010. 

(C) Part 211: Definitions and General 

Provisions, Sections 211.493, 211.2200, 

211.2358, 211.2800, 211.3985, 211.4460, 

211.5140, 211.6587, 211.6635; effective 

July 27, 2011. 

(D) Part 218: Organic Material 

Emission Standards and Limitations for 

the Chicago Area, Subpart F: Coating 

Operations, Section 218.218; effective 

March 23, 2010. 

(E) Part 218: Organic Material 

Emission Standards and Limitations for 

the Chicago Area, Subpart E: Solvent 

Cleaning, Section 218.181, Subpart H: 

Printing and Publishing, Sections 

218.403, 218.405, 218.406, 218.407, 

218.408, 218.410, 218.412, 218.413, 

218.416; effective June 25, 2010. 

(F) Part 218: Organic Material 

Emission Standards and Limitations for 

the Chicago Area, Subpart A: General 

Provisions, Sections 218.106, 218.112, 

Subpart F: Coating Operations, Sections 

218.205, 218.208, 218.210, 218.212, 

218.219, Subpart II: Fiberglass Boat 

Manufacturing Materials, Section 

218.890, Subpart JJ: Miscellaneous 

Industrial Adhesives, Section 218.900; 

effective September 14, 2010. 

(G) Part 218: Organic Material 

Emission Standards and Limitations for 

the Chicago Area, Subpart A: General 

Provisions, Section 218.105, Subpart E: 

Solvent Cleaning, Section 218.187, 

Subpart F: Coating Operations, Sections 

218.204, 218.207, 218.211, 218.217, 

Subpart H: Printing and Publishing, 

Sections 218.401, 218.402, 218.404, 

218.409, 218.411, 218.415, 218.417, 

Subpart II: Fiberglass Boat 

Manufacturing Materials, Sections 

218.891, 218.892, 218.894, Subpart JJ: 

Miscellaneous Industrial Adhesives, 

Sections 218.901, 218.902, 218.903, 

218.904; effective July 27, 2011. 

(H) Part 219: Organic Material 

Emission Standards and Limitations for 

the Metro East Area, Subpart F: Coating 

Operations, Section 219.218; effective 

March 23, 2010. 

(I) Part 219: Organic Material 

Emission Standards and Limitations for 

the Metro East Area, Subpart E: Solvent 

Cleaning, Section 219.181, Subpart H: 

Printing and Publishing, Sections 

219.402, 219.403, 219.405, 219.406, 

219.407, 219.408, 219.410, 219.412, 

219.413, 219.416; effective June 25, 

2010. 

(J) Part 219: Organic Material 

Emission Standards and Limitations for 

the Metro East Area, Subpart A: General 

Provisions, Sections 219.106, 219.112, 

Subpart F: Coating Operations, Sections 

219.205, 219.208, 219.210, 219.212, 

219.219, Subpart II: Fiberglass Boat 

Manufacturing Materials, Section 

219.890, Subpart JJ: Miscellaneous 

Industrial Adhesives, Section 219.900; 

effective September 14, 2010. 

(K) Part 219: Organic Material 

Emission Standards and Limitations for 

the Metro East Area, Subpart A: General 

Provisions, Section 219.105, Subpart E: 

Solvent Cleaning, Section 219.187, 

Subpart F: Coating Operations, Sections 

219.204, 219.207, 219.211, 219.217, 

Subpart H: Printing and Publishing, 

Sections 219.401, 219.404, 219.409, 

219.411, 219.415, 219.417, Subpart II: 

Fiberglass Boat Manufacturing 

Materials, Sections 219.891, 219.892, 

219.894, Subpart JJ: Miscellaneous 

Industrial Adhesives, Sections 219.901, 

219.902, 219.903, 219.904; effective July 

27, 2011. 

(ii) Additional material. On February 

28, 2011, Illinois EPA submitted an 

email confirmation that the sewage 

treatment plant exemption in Subpart 

TT of Parts 218 and 219 does not apply 

to industrial wastewater. 

[FR Doc. 2012–6938 Filed 3–22–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 110901552–20494–02] 

RIN 0648–BB34 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Northeast 

(NE) Multispecies Fishery; Amendment 

17 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule implements 

measures in Amendment 17 to the 

Northeast Multispecies Fishery 

Management Plan which was approved 

on March 8, 2012. This action amends 

the Northeast Multispecies Fishery 

Management Plan to explicitly define 

and facilitate the effective operation of 

state-operated permit banks. As 

proposed in Amendment 17, stateoperated permit banks may be allocated 

an annual catch entitlement and 

specifically authorized to provide their 

annual catch entitlement and/or days-atsea to approved groundfish sectors to 

enhance the fishing opportunities 

available to sector members. This action 

also approves a provision allowing 

NMFS to issue a days-at-sea credit to a 

vessel that cancels a fishing trip prior to 

setting or hauling fishing gear. 

DATES: This rule is effective April 23, 

2012. 

ADDRESSES: Copies of the Amendment 

17 document, including an 

environmental assessment and a 

regulatory impact review, are available 

from the Northeast Regional Office of 

the National Marine Fisheries Service, 

55 Great Republic Drive, Gloucester, 

MA 01930. This document is also 

accessible via the Internet at http:// 

www.nero.noaa.gov. 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this final rule 

may be submitted to the Northeast 

Regional Office and by email to 

OIRA_Submission@omb.eop.gov, or fax 

to (202) 395–7285. 

FOR FURTHER INFORMATION CONTACT: 

William Whitmore, Fishery Policy 

Analyst, (978) 281–9182; fax: (978) 281– 

9135. 


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