Federal Register / Vol. 77, No. 110 / Thursday, June 7, 2012 / Rules and Regulations 33659 

§ 52.2304 Visibility protection. 

(a) Reasonably Attributable Visibility 

Impairment. The requirements of 

section 169A of the Clean Air Act are 

not met because the plan does not 

include fully approvable measures for 

meeting the requirements of 40 CFR 

51.305 for protection of visibility in 

mandatory Class I Federal areas. 

* * * * * 

(c) Regional Haze. The requirements 

of section 169A of the Clean Air Act are 

not met because the regional haze plan 

submitted by Texas on March 31, 2009, 

does not include fully approvable 

measures for meeting the requirements 

of 40 CFR 51.308(d)(3) and 51.308(e) 

with respect to emissions of NOX and 

SO2 from electric generating units. EPA 

has given limited disapproval to the 

plan provisions addressing these 

requirements. 

Subpart VV—Virginia 

■ 19. Section 52.2452 is amended by 

revising paragraph (a) and adding new 

paragraphs (d), (e), and (f) to read as 

follows: 

§ 52.2452 Visibility protection. 

(a) Reasonably Attributable Visibility 

Impairment. The requirements of 

section 169A of the Clean Air Act are 

not met because the plan does not 

include approvable measures for 

meeting the requirements of 40 CFR 

51.305 and 51.306 for protection of 

visibility in mandatory Class I Federal 

areas. 

* * * * * 

(d) Regional Haze. The requirements 

of section 169A of the Clean Air Act are 

not met because the regional haze plan 

submitted by Virginia on July 17, 2008, 

March 6, 2009, January 14, 2010, 

October 4, 2010, November 19, 2010, 

and May 6, 2011, does not include fully 

approvable measures for meeting the 

requirements of 40 CFR 51.308(d)(3) and 

51.308(e) with respect to emissions of 

NOX and SO2 from electric generating 

units. EPA has given limited approval 

and limited disapproval to the plan 

provisions addressing these 

requirements. 

(e) Measures Addressing Limited 

Disapproval Associated with NOX. The 

deficiencies associated with NOX

identified in EPA’s limited disapproval 

of the regional haze plan submitted by 

Virginia on July 17, 2008, March 6, 

2009, January 14, 2010, October 4, 2010, 

November 19, 2010, and May 6, 2011, 

are satisfied by § 52.2440. 

(f) Measures Addressing Limited 

Disapproval Associated with SO2. The 

deficiencies associated with SO2

identified in EPA’s limited disapproval 

of the regional haze plan submitted by 

Virginia on July 17, 2008, March 6, 

2009, January 14, 2010, October 4, 2010, 

November 19, 2010, and May 6, 2011, 

are satisfied by § 52.2441. 

Subpart XX—West Virginia 

■ 20. Section 52.2533 is amended by 

revising paragraphs (a) and (d) and 

adding new paragraphs (e) and (f) to 

read as follows: 

§ 52.2533 Visibility protection. 

(a) Reasonably Attributable Visibility 

Impairment. The requirements of 

section 169A of the Clean Air Act are 

not met because the plan does not 

include approvable measures for 

meeting the requirements of 40 CFR 

51.305, 51.306, and 51.307 for 

protection of visibility in mandatory 

Class I Federal areas. 

* * * * * 

(d) Regional Haze. The requirements 

of section 169A of the Clean Air Act are 

not met because the regional haze plan 

submitted by West Virginia on June 18, 

2008, does not include fully approvable 

measures for meeting the requirements 

of 40 CFR 51.308(d)(3) and 51.308(e) 

with respect to emissions of NOX and 

SO2 from electric generating units. EPA 

has given limited approval and limited 

disapproval to the plan provisions 

addressing these requirements. 

(e) Measures Addressing Limited 

Disapproval Associated with NOX. The 

deficiencies associated with NOX

identified in EPA’s limited disapproval 

of the regional haze plan submitted by 

West Virginia on June 18, 2008, are 

satisfied by § 52.2540. 

(f) Measures Addressing Limited 

Disapproval Associated with SO2. The 

deficiencies associated with SO2

identified in EPA’s limited disapproval 

of the regional haze plan submitted by 

West Virginia on June 18, 2008, are 

satisfied by § 52.2541. 

[FR Doc. 2012–13693 Filed 6–6–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2010–0394; FRL–9663–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; Illinois; 

Consumer Products and AIM Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving the addition 

of a new rule to the Illinois State 

Implementation Plan (SIP) submitted by 

the Illinois Environmental Protection 

Agency (IEPA) on April 7, 2010. The 

rule being approved into the SIP is Title 

35 Illinois Administrative Code (IAC) 

Part 223, ‘‘Standards and Limitations for 

Organic Material Emissions for Area 

Sources.’’ The rule is approvable 

because it is at least as stringent, and in 

some cases more stringent than, EPA’s 

national consumer products and 

architectural and industrial 

maintenance (AIM) coatings rules. 

However, EPA is conditionally 

approving four specific paragraphs in 

the rule, based on a September 2, 2011, 

letter from IEPA committing to correct 

the noted deficiencies in these 

paragraphs within one year of July 9, 

2012. 

DATES: This final rule is effective on July 

9, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2010–0394. 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 Anthony 

Maietta, Environmental Protection 

Specialist, at (312) 353–8777 before 

visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Anthony Maietta, Environmental 

Protection Specialist, Control Strategies 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–8777, 

maietta.anthony@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. Background 

II. Did EPA receive any comments on our 

proposed rulemaking? 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews 


wreier-aviles on DSK5TPTVN1PROD with RULES
33660 Federal Register / Vol. 77, No. 110 / Thursday, June 7, 2012 / Rules and Regulations 

I. Background 

On April 7, 2010, IEPA submitted a 

request for EPA to approve 35 IAC Part 

223, titled, ‘‘Standards and Limitations 

for Organic Material Emissions for Area 

Sources,’’ into the Illinois SIP. This Part 

includes measures to limit volatile 

organic compounds (VOC) emissions by 

requiring reductions in the VOC content 

of consumer products and AIM coatings. 

Consumer products are a wide array of 

sprays, gels, cleaners, adhesives, and 

other chemically formulated products 

that are purchased for personal or 

institutional use and that emit VOC 

through their consumption, storage, 

disposal, destruction, or decomposition. 

AIM coatings are paints, varnishes, and 

other similar coatings that are meant for 

use on external surfaces of buildings or 

other outside structures and that emit 

VOC through similar means to 

consumer products. See EPA’s October 

27, 2011, proposed approval at 76 FR 

66663 for discussion of the provisions 

in this rule. 

The VOC limits for consumer 

products and AIM coatings in 35 IAC 

Part 223 are based on existing California 

Air Resources Board (CARB) regulations 

and model rules developed by the 

Ozone Transport Commission (OTC) for 

consumer products and AIM coatings. 

The VOC limits that Illinois adopted for 

consumer products are at least as 

stringent, and in some cases more 

stringent than EPA’s national consumer 

products rule, ‘‘National Volatile 

Organic Compound Emission Limits for 

Consumer Products,’’ 40 CFR part 59, 

Subpart C. The VOC limits that Illinois 

adopted for AIM coatings are at least as 

stringent, and in some cases more 

stringent than EPA’s national AIM rule, 

‘‘National Volatile Organic Compound 

Emission Standards for Architectural 

Coatings,’’ 40 CFR part 59, Subpart D. 

Because the consumer products and 

AIM limits Illinois adopted are at least 

as stringent, and in some cases are more 

stringent than EPA’s VOC limits for 

these product categories, the new Part 

223 is approvable into the Illinois SIP. 

It should be noted that, while Illinois is 

not an OTC member state, they have 

voluntarily chosen to adopt these VOC 

limits to create more consistency in 

regional and national markets for 

consumer products and AIM coatings. 

During our rule-by-rule review of 

Illinois’ submittal, we identified four 

paragraphs within 35 IAC Part 223 that 

contained errors. Under section 

110(k)(4) of the Clean Air Act (CAA), 

EPA may conditionally approve a 

portion of a SIP revision based on a 

commitment from a state to adopt 

specific enforceable measures by a date 

certain that is no more than one year 

from the date of conditional approval. 

We notified IEPA about these errors, 

and on September 2, 2011, Illinois sent 

EPA a letter committing to amend these 

paragraphs to display the correct limits 

and limit categories and submit the 

revised paragraphs to EPA within one 

year of our final approval. The four 

provisions containing errors are 35 IAC 

223.205(6)(A), 35 IAC 223.205(6)(B), 35 

IAC 223.205(17)(A), and 35 IAC 

223.205(17)(B). The errors involved 

incorrect high volatility organic material 

and medium volatility organic material 

limits. 

On October 27, 2011, we proposed to 

approve 35 IAC Part 223 into the Illinois 

SIP (76 FR 66663). We also proposed to 

conditionally approve the four 

erroneously labeled paragraphs within 

the State’s submittal of 35 IAC Part 223 

based on the September 2, 2011, 

commitment from Illinois to amend 

these paragraphs to display the correct 

limits and limit categories and submit 

the revised paragraphs to EPA within 

one year of our final approval. 

II. Did EPA receive any comments on 

our proposed rulemaking? 

EPA did not receive any comments on 

our proposed rulemaking. Therefore, 

EPA is making its approval final. 

III. What action is EPA taking? 

EPA is approving into the Illinois SIP 

35 IAC Part 223, ‘‘Standards and 

Limitations for Organic Material 

Emissions for Area Sources,’’ except 

that EPA is conditionally approving 

paragraphs (6)(A), (6)(B), (17)(A), and 

(17)(B) of 35 IAC Part 223.205. This 

conditional approval is based on a 

commitment from the State sent on 

September 2, 2011, to correct these 

paragraphs within one year of July 9, 

2012. If this condition is not fulfilled 

within one year of the effective date of 

final rulemaking, the conditional 

approval will automatically revert to 

disapproval, as of the deadline for 

meeting the conditions, without further 

action from EPA. EPA will subsequently 

publish a notice in the Federal Register 

informing the public of a disapproval. If 

Illinois submits final and effective rule 

revisions correcting the deficiencies 

within one year from the effective date 

of this conditional approval, EPA will 

publish a subsequent notice in the 

Federal Register to acknowledge 

conversion of the conditional approval 

to a full approval. 

IV. 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 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 CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, 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 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 77, No. 110 / Thursday, June 7, 2012 / Rules and Regulations 33661 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by August 6, 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, 

Volatile organic compounds. 

Dated: April 9, 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 52.719 is added to read as 

follows: 

§ 52.719 Identification of plan— 

Conditional approval. 

On April 7, 2010, Illinois submitted 

an amendment to its State 

Implementation Plan to add a new rule 

that limits the amount of volatile 

organic compounds (VOCs) from 

consumer products and architectural 

and industrial maintenance coatings at 

Part 223 of Title 35 of the Illinois 

Administrative Code (35 IAC 223). 

Paragraphs (a)(6) and (a)(17), of 35 IAC 

223.205 contain errors in the VOC limits 

listed for aerosol- and non aerosol-based 

antiperspirants and deodorants. 35 IAC 

233.205(a)(6)(A) erroneously provides 

two high-volatility VOC limits for 

aerosol-based antiperspirants when 

there should be both a high- and 

medium-volatility limit for this 

category. 35 IAC 233.205(a)(6)(B) 

erroneously provides two mediumvolatility VOC limits for non aerosolbased antiperspirants when there 

should be both a high- and mediumvolatility limit for this category. 35 IAC 

233.205(a)(17)(A) erroneously provides 

two high-volatility VOC limits for 

aerosol-based deodorants when there 

should be both a high- and mediumvolatility limit for this category. 35 IAC 

233.205(a)(17)(B) erroneously provides 

two medium-volatility VOC limits for 

non aerosol-based deodorants when 

there should be both a high- and 

medium-volatility limit for this 

category. The paragraphs are 

conditionally approved contingent on 

Illinois submitting to EPA revised 

provisions correcting these errors by 

July 8, 2013. 

(i) Incorporation by reference. Illinois 

Administrative Code; Title 35: 

Environmental Protection; Subtitle B: 

Air Pollution; Chapter I: Pollution 

Control Board; Subchapter c: Emission 

Standards and Limitation for Stationary 

Sources; Part 223: Standards and 

Limitations for Organic material 

Emissions for Area Sources; Section 

205: Standards; paragraphs (a)(6) and 

(a)(17), effective on June 8, 2009. 

(ii) [Reserved] 

■ 3. Section 52.720 is amended by 

adding paragraph (c)(191) to read as 

follows: 

§ 52.720 Identification of plan. 

* * * * * 

(c) * * * 

(191) On April 7, 2010, Illinois 

submitted an amendment to its State 

Implementation Plan to add a new rule 

at 35 Illinois Administrative Code Part 

223 that limits the amount of volatile 

organic compounds from consumer 

products and architectural and 

industrial maintenance coatings. 

(i) Incorporation by reference. (A) 

Illinois Administrative Code; Title 35: 

Environmental Protection; Subtitle B: 

Air Pollution; Chapter I: Pollution 

Control Board; Subchapter c: Emission 

Standards and Limitation for Stationary 

Sources; Part 223: Standards and 

Limitations for Organic material 

Emissions for Area Sources, except for 

223.205(a)(6) and (a)(17), effective June 

8, 2009. 

(B) [Reserved] 

[FR Doc. 2012–13447 Filed 6–6–12; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 11 

[EB Docket No. 04–296; FCC 12–7] 

Review of the Emergency Alert System 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: In this document, the 

Commission announces that the Office 

of Management and Budget (OMB) has 

approved, for a period of six months, 

the information collection associated 

with the Commission’s Review of the 

Emergency Alert System, Fifth Report 

and Order (Order). This document is 

consistent with the Order, which stated 

that the Commission would publish a 

document in the Federal Register 

announcing the effective date of 

amendments adopted therein that were 

subject to OMB approval. 

DATES: The amendments to 47 CFR 

11.21(a), 11.33(a)(4), 11.41(b), 11.42, 

11.54(b)(13), and 11.55 published at 77 

FR 16688, March 22, 2012, are effective 

June 7, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Cooke, Policy Division, Public 

Safety and Homeland Security Bureau, 

at (202) 418–2351, or email: 

gregory.cooke@fcc.gov. 

SUPPLEMENTARY INFORMATION: This 

document announces that, on May 16, 

2012, OMB approved, for a period of six 

months, the information collection 

requirements contained in the 

Commission’s Order, FCC 11–92, 

published at 77 FR 16688, March 22, 

2012. The OMB Control Number is 

3060–1169. The Commission sought 

emergency OMB approval and will now 

conduct all the regular OMB processes 

to obtain the full three-year clearance 

from them. The Commission publishes 

this notice as an announcement of the 

effective date of the rules. If you have 

any comments on the burden estimates 

listed below, or how the Commission 

can improve the collections and reduce 

any burdens caused thereby, please 

contact Judith B. Herman, Federal 

Communications Commission, Room 1– 

C823, 445 12th Street SW., Washington, 

DC 20554. Please include the OMB 

Control Number, 3060–1169, in your 

correspondence. The Commission will 

also accept your comments via email at 

PRA@fcc.gov. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an email to 


wreier-aviles on DSK5TPTVN1PROD with RULES