[Federal Register Volume 81, Number 146 (Friday, July 29, 2016)]
[Rules and Regulations]
[Pages 49899-49901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17815]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2016-0129; FRL-9949-65-Region 4]
Air Plan Approval; Alabama: Volatile Organic Compounds
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the Alabama State Implementation Plan (SIP) submitted by
the Alabama Department of Environmental Management (ADEM) on October
26, 2015. The revision modifies the definition of ``volatile organic
compounds'' (VOC). Specifically, the revision adds three compounds to
the list of those excluded from the VOC definition on the basis that
these compounds make a negligible contribution to tropospheric ozone
formation. This action is being taken pursuant to the Clean Air Act
(CAA or Act).
DATES: This direct final rule is effective September 27, 2016 without
further notice, unless EPA receives adverse comment by August 29, 2016.
If EPA receives such comments, it will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2016-0129 at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. 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, 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: Richard Wong, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. The telephone number is (404) 562-8726. Mr. Wong can also
be reached via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Tropospheric ozone, commonly known as smog, occurs when VOC and
nitrogen oxides (NOX) react in the atmosphere in the
presence of sunlight. Because of the harmful health effects of ozone,
EPA and state governments limit the amount of VOCs 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. Compounds of carbon
(or organic compounds) have different levels of reactivity; they do not
react at the same speed or do not form ozone to the same extent.
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. It has been EPA's policy that
compounds of carbon with negligible reactivity need not be regulated to
reduce ozone and should be excluded from the regulatory definition of
VOC. See 42 FR 35314 (July 8, 1977), 70 FR 54046 (September 13, 2005).
EPA
[[Page 49900]]
determines whether a given carbon compound has ``negligible''
reactivity by comparing the compound's reactivity to the reactivity of
ethane. EPA lists these compounds in its regulations at 40 CFR
51.100(s) and excludes them from the definition of VOC. The chemicals
on this list are often called ``negligibly reactive.'' EPA may
periodically revise the list of negligibly reactive compounds to add or
delete compounds.
EPA issued final rules approving the addition of three compounds to
the list of those compounds excluded from the regulatory definition of
VOC. The three compounds are: trans 1-chloro-3,3,3-trifluoroprop-1-ene
(Solstice\TM\ 1233zd(E)), 78 FR 53029 (August 28, 2013); 2,3,3,3-
tetrafluoropropene, 78 FR 62451 (October 22, 2013); and 2-amino-2-
methyl-1-propanol (AMP), 79 FR 17037 (March 27, 2014). Alabama is
updating its SIP to be consistent with those changes to federal
regulations.
II. Analysis of State's Submittal
On October 26, 2015, ADEM submitted a SIP revision \1\ to EPA for
review and approval. The revision modifies the definition of VOC found
at Alabama Administrative Code section 335-3-1-.02(gggg). Specifically,
the revision adds three compounds--trans 1-chloro-3,3,3-trifluoroprop-
1-ene (Solstice\TM\ 1233zd(E)); 2,3,3,3-tetrafluoropropene; and 2-
amino-2-methyl-1-propanol (AMP)--to the list of those excluded from the
VOC definition on the basis that each of these compounds makes a
negligible contribution to tropospheric ozone formation.
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\1\ Alabama's October 26, 2015, submission to EPA also included
changes to Alabama Administrative Code Chapters 335-3-5 and 335-3-8
to implement EPA's Cross-State Air Pollution Rule and changes to the
State's Regional Haze Plan. EPA is not taking action on those
changes at this time. In addition, Alabama's October 26, 2015,
submission included changes to Chapters 335-3-10 (New Source
Performance Standards (NSPS)) and 335-3-11 (National Emissions
Standards for Hazardous Air Pollutants (NESHAP)). The NSPS and
NESHAP are not part of the federally approved Alabama SIP, thus EPA
is not taking any action regarding Chapters 335-3-10 and 335-3-11 in
today's rulemaking.
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These changes are consistent with section 110 of the CAA and meet
the regulatory requirements pertaining to SIPs. Pursuant to CAA section
110(l), the Administrator shall not approve a revision of a plan if the
revision would interfere with any applicable requirement concerning
attainment and reasonable further progress (as defined in CAA section
171), or any other applicable requirement of the Act. The revision to
Rule 335-3-1-.02(gggg) is approvable under section 110(l) because it
reflects changes to federal regulations based on findings that the
three aforementioned compounds are negligibly reactive.
III. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of Alabama
Regulation section 335-3-1-.02 ``Definitions,'' effective November 24,
2015, which revised the definition of VOC. Therefore, this material has
been approved by EPA for inclusion in the State implementation plan,
has been incorporated by reference by EPA into that plan, is fully
federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of EPA's approval, and will be
incorporated by reference by the Director of the Federal Register in
the next update to the SIP compilation.\2\ EPA has made, and will
continue to make, these materials generally available through
www.regulations.gov and/or at the EPA Region 4 Office (please contact
the person identified in the ``For Further Information Contact''
section of this preamble for more information).
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\2\ 62 FR 27968 (May 22, 1997).
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IV. Final Action
Pursuant to section 110 of the CAA, EPA is approving the revision
to the Alabama SIP changing the VOC definition. EPA has evaluated
Alabama's October 26, 2015, submittal and has determined that it meets
the applicable requirements of the CAA and EPA regulations and is
consistent with EPA policy.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This rule will be effective September 27,
2016 without further notice unless the Agency receives adverse comments
by August 29, 2016.
If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on September 27, 2016 and
no further action will be taken on the proposed rule.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. See 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);
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).
[[Page 49901]]
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 as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 27, 2016. 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: July 15, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart B--Alabama
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2. Section 52.50(c) is amended by revising the entry for ``Section 335-
3-1-.02'' to read as follows:
Sec. 52.50 Identification of plan.
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(c) * * *
EPA Approved Alabama Regulations
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State
State citation Title/subject effective date EPA approval date Explanation
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Chapter 335-3-1--General Provisions
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Section 335-3-1-.02............... Definitions.......... 11/24/2015 7/29/2016 [Insert Federal Register Revised paragraph (gggg) (definition
citation]. of ``VOC'')
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[FR Doc. 2016-17815 Filed 7-28-16; 8:45 am]
BILLING CODE 6560-50-P