[Federal Register Volume 82, Number 244 (Thursday, December 21, 2017)]
[Rules and Regulations]
[Pages 60517-60520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27458]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2017-0699; FRL-9971-86-Region 6]
Approval and Promulgation of Implementation Plans; Arkansas;
Revisions to the Definitions for Arkansas Plan of Implementation for
Air Pollution Control: 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
portion of the revision to the Arkansas State Implementation Plan (SIP)
submitted by Arkansas Department of Environmental Quality (ADEQ) on
March 24, 2017. The revision updates the definition of ``volatile
organic compounds'' (VOC). Specifically, the submitted revision will
incorporate the EPA's latest definition of VOC on the basis that these
compounds make 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 March 21, 2018, unless EPA
receives relevant adverse comments by January
[[Page 60518]]
22, 2018. If EPA receives relevant adverse comments, EPA will publish a
timely withdrawal of the rule in the Federal Register and inform the
public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2017-0699, at http://www.regulations.gov or via email to
[email protected]. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The 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. The 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 Ms. Nevine Salem, (214)
665-7222, [email protected]. 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.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at the EPA
Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available at either location
(e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Ms. Nevine Salem, (214) 665-7222,
[email protected]. To inspect the hard copy materials, please
schedule an appointment with Ms. Nevine Salem or Mr. Bill Deese at 214-
665-7253.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
Tropospheric ozone, commonly known as smog, is formed when VOCs and
nitrogen oxides (NOX) react in the atmosphere in the
presence of sunlight. Because of the harmful health effects of ozone,
the EPA and state governments limit the amount of VOCs that can be
released into the atmosphere. VOCs are those organic compounds of
carbon (excluding carbon monoxide, carbon dioxide, carbonic acid,
metallic carbides or carbonates, and ammonium carbonate) that form
ozone through atmospheric photochemical reactions. Different VOCs have
different levels of reactivity. That is, they do not react to form
ozone at the same speed or do not form ozone to the same extent. Some
VOCs react slowly or form less ozone; therefore, changes in their
emissions have less and, in some cases, very limited effects on local
or regional ozone pollution episodes. It has been the EPA's policy that
organic compounds with a negligible level of reactivity should be
excluded from the regulatory VOC definition so as to focus VOC control
efforts on compounds that do significantly increase ozone
concentrations. The EPA also believes that exempting such compounds
creates an incentive for industry to use negligibly reactive compounds
in place of more highly reactive compounds that are regulated as VOCs.
EPA periodically revises the list of negligibly reactive compounds
to add or delete VOCs from regulation on the basis that these compounds
make a negligible contribution to tropospheric ozone formation. Section
302(s) of the CAA specifies that the EPA has the authority to define
the meaning of ``VOC,'' and hence what compounds shall be treated as
VOCs for regulatory purposes. The policy of excluding negligibly
reactive compounds from the VOC definition was first set forth in the
``Recommended Policy on Control of Volatile Organic Compounds'' (42 FR
35314, July 8, 1977) and was supplemented most recently with the
``Interim Guidance on Control of Volatile Organic Compounds in Ozone
State Implementation Plans'' (Interim Guidance) (70 FR 54046, September
13, 2005). The EPA uses the reactivity of ethane as the threshold for
determining whether a compound has negligible reactivity. 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 from the regulatory definition of VOC.
Compounds that are more reactive than ethane continue to be considered
VOCs for regulatory purposes and therefore are subject to control
requirements. The selection of ethane as the threshold compound was
based on a series of smog chamber experiments that underlay the 1977
policy.
The EPA lists compounds that it has determined to be negligibly
reactive in its regulations as being excluded from the definition of
VOC. (40 CFR 51.100(s)). The Arkansas submittal will update its SIP to
be consistent with current EPA definitions to provide clarity and
consistency for owners and operators of sources subject to ADEQ rules
regarding VOC control.
The specific organic compounds that will be excluded from ADEQ's
definition of VOC that is in the SIP with this revision include: trans-
1,3,3,3-tetrafluoropropene; 2,3,3,3-tertrafluropropene; \1\
HCF2OCF2H (HFE-134);
HCF2OCF2OCF2H (HFE-236cal2);
HCF2OCF2CF2OCF2H (HFE-
338pcc13);
HCF2OCF2OCF2CF2OCF2
OCF2H (H-Galden 1040x or H-Galden ZT 130 (or 150 or 180));
\2\ trans 1-chloro-3,3,3-trifluoroprop-1-ene; \3\ and 2-amino-2-methyl-
1-propanol.\4\
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\1\ See 78 FR 62451, October 22, 2013--Exclusion of trans-1&2,
3,3,3,-tetrafluoropropene.
\2\ See 78 FR 9823, February 12, 2013--Exclusion of group of
four Hydrofluoropolyethers (HPEPs).
\3\ See 78 FR 53029, August 28, 2013--Exclusion of trans 1-
Chloro-3,3,3 trifluoroprop-1-ene.
\4\ See 79 FR 17037, March 27, 2014--Exclusion of 2-amino-2-
methyl-1-propanol.
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II. The EPA's Evaluation
On March 24, 2017, ADEQ submitted SIP revisions to EPA for review
and approval. A portion of the submitted revision update the definition
of VOC found at the Arkansas Pollution Control & Ecology Commission's
(Commission or APC&EC) Regulation No. 19, Regulations of the Arkansas
Plan of Implementation for Air Pollution Control. Specifically, the
revision adds trans-1,3,3,3-tetrafluoropropene; 2,3,3,3-
tertrafluropropene; HCF2OCF2H (HFE-134);
HCF2OCF2OCF2H (HFE-236cal2);
HCF2OCF2CF2OCF2H (HFE-
338pcc13);
HCF2OCF2OCF2CF2OCF2
OCF2H (H-Galden 1040x or H-Galden ZT 130 (or 150 or 180));
trans 1-chloro-3,3,3-trifluoroprop-1-ene; and 2-amino-2-methyl-1-
propanol to the list of compounds excluded from the VOC definition on
the basis that these compounds make a negligible contribution to the
tropospheric ozone formation. These changes are consistent with EPA's
definition of VOC at 40 CFR 51.100(s), section 110 of the CAA and meet
the regulatory requirements pertaining to the SIPs.\5\ Pursuant to CAA
section 110(I), the Administrator shall not approve a revision of a
plan if the revisions would interfere with any applicable requirement
concerning attainment and reasonable further
[[Page 60519]]
progress (as defined in CAA section 171), or any other applicable
requirement of the Act. The revision to Arkansas Regulation No. 19,
Chapter 2: Definitions, is approvable under section 110(l) because it
reflects changes to federal regulations based on findings that the
aforementioned compounds are negligibly reactive.\6\
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\5\ See Interim Guidance on Control of Volatile Organic
Compounds in Ozone Implementation Plans. (70 FR 54046, September 13,
2005).
\6\ Please see footnotes 1 through 4 in this rulemaking.
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III. Final Action
Pursuant to section 110 of the CAA, EPA is approving the revision
to the Arkansas SIP updating the VOC definition. EPA has evaluated
Arkansas' March 24, 2017, submittal and has determined that it meets
the applicable requirements of the CAA and EPA regulations and
consistent with EPA policy.
The EPA is publishing this rule without prior proposal because we
view this as a non-controversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on March 21, 2018
without further notice unless we receive relevant adverse comment by
January 22, 2018. If we receive relevant adverse comments, we will
publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. We will address all public
comments in a subsequent final rule based on the proposed rule. We will
not institute a second comment period on this action. Any parties
interested in commenting must do so now. Please note that if we receive
relevant adverse comment on an amendment, paragraph, or section of this
rule and if that provision may be severed from the remainder of the
rule, we may adopt as final those provisions of the rule that are not
the subject of an adverse comment.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, the EPA is finalizing the incorporation by reference of the
revisions to the Arkansas regulations as described in the Final Action
section above. The EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and/or at the
EPA Region 6 Office (please contact Ms. Nevine Salem for more
information). Therefore, these materials have been approved by EPA for
inclusion in the SIP, have been incorporated by reference by EPA into
that plan, are 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 (62 FR
27968, May 22, 1997).
V. Statutory and Executive Order Reviews
Under the Clean Air 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 Clean Air 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 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 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, 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).
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. The EPA will submit a report containing this rule 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 February 20, 2018. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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).)
Samuel Coleman was designated the Acting Regional Administrator on
December 15, 2017 through the order of succession outlined in Regional
Order R6-1110.13, a copy of which is included in the docket for this
action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations,
[[Page 60520]]
Reporting and recordkeeping requirements.
Dated: December 15, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart E--Arkansas
0
2. In Sec. 52.170, in paragraph (c), the table titled ``EPA-Approved
Regulations in the Arkansas SIP'' is amended by revising the entry for
Regulation No. 19, Chapter 2, to read as follows:
Sec. 52.170 Identification of plan.
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2. (c) * * *
EPA-Approved Regulations in the Arkansas SIP
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State
State citation Title/subject submittal/ EPA approval date Explanation
effective date
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Regulation No. 19: Regulations of the Arkansas Plan of Implementation for Air Pollution Control
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Chapter 2: Definitions
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Chapter 2...................... Definitions....... 3/24/2017 12/21/2017, [Insert ..................
Federal Register
citation].
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[FR Doc. 2017-27458 Filed 12-20-17; 8:45 am]
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