[Federal Register Volume 83, Number 49 (Tuesday, March 13, 2018)]
[Proposed Rules]
[Pages 10813-10814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04932]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0395; FRL-9975-40-Region 4]
Air Plan Approval; Tennessee: Volatile Organic Compounds
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a portion of a revision to the Hamilton County portion of the
Tennessee State Implementation Plan (SIP) submitted by the State of
Tennessee through the Tennessee Department of Environment and
Conservation from Chattanooga/Hamilton County Air Pollution Control
Bureau on June 25, 2008. The revision amends the definition of
``volatile organic compounds'' (VOC) to be consistent with state and
federal regulations. This action is being taken pursuant to the Clean
Air Act (CAA or Act).
DATES: Comments must be received on or before April 12, 2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2017-0395 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: Tiereny Bell, 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. Ms. Bell can be reached by phone at (404) 562-9088 or 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 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. 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 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.
In this rulemaking, EPA is proposing action to approve Hamilton
County's SIP revision which amends the definition of ``Volatile Organic
Compounds'' in the Chattanooga Code, Chapter 4 of Part II, Section 4-2.
This SIP revision also amends paragraph 3 and adds paragraphs 4 and 5
to the Chattanooga Code, Chapter 4 of Part II, Section 4-2 definition
of VOC. Tennessee is updating the Hamilton County portion of its SIP to
be consistent with changes to federal and other similar SIP-approved
regulations.\1\
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\1\ EPA approved similar revisions to the Tennessee SIP on April
23, 2006. See 71 FR 19124. EPA also approved a Knox County portion
of the Tennessee SIP on January 4, 2007. See 72 FR 265.
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II. Analysis of State's Submittal
On June 25, 2008, Tennessee submitted a SIP revision \2\ to EPA for
review and approval. The revision amends the definition of VOC found in
Chapter 4 of Part II, Section 4-2, of the Chattanooga Code.
Specifically, the revision adds the following compounds to the list of
negligibly reactive compounds to be consistent with federal and other
similar SIP-approved regulations: 1,1,1,2,2,3,3,4,4-nonafluoro-4-
methoxy-butane (HFE-7100); methyl acetate; 1,1,1,2,2,3,3-heptafluoro-3-
methoxy-propane (n-C3 F7OCH3, HFE-
7000); 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-
(trifluoromethyl) hexane (HFE-7500); 1,1,1,2,3,3,3-heptafluoropropane
(HFC 227ea); and methyl formate (HCOOCH3). These compounds
are excluded from the VOC definition on the basis that each of these
compounds makes a negligible contribution to tropospheric ozone
formation. EPA is proposing to approve this revision because it is
consistent with the definition of VOC at 40 CFR 51.100(s). EPA is also
proposing to approve this revision because it is consistent with other
similar SIP-approved regulations.
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\2\ EPA will consider the other changes included in Tennessee's
June 25, 2008, SIP revision in a future rulemaking.
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The revision includes minor changes to paragraph 3 of Chattanooga
Code, Chapter 4 of Part II, Section 4-2 definition of VOC to be
consistent with federal and other similar SIP-approved regulations. As
a precondition to excluding compounds as VOCs, paragraph 3 states that:
``As a precondition to excluding these compounds as VOC or at any time
thereafter, the Director shall require an owner or operator to provide
monitoring or testing methods and results demonstrating the amount of
negligibly-reactive compounds in the source's emissions.'' The SIP
revision changes the precondition for the director to require this
testing from ``shall'' to ``may'' and adds that any testing be ``to the
satisfaction of the Director'' of the Chattanooga-Hamilton County Air
Pollution Control Bureau. The SIP
[[Page 10814]]
revision also adds paragraph 4 which states: ``For purposes of
enforcement for a specific source, the test methods specified in these
regulations, in the approved SIP, or in a permit issued pursuant to
these regulations shall be used to be consistent with state
regulations.'' EPA is proposing to approve these revisions because they
are consistent with the definition of VOC at 40 CFR 51.100(s) and with
other similar SIP-approved regulations.
Finally, the SIP revision adds paragraph 5 which states: ``The
following compound(s) are VOC for purposes of all recordkeeping,
emissions reporting, photochemical dispersion modeling and inventory
requirements which apply to VOC and shall be uniquely identified in
emission reports, but are not VOC for purposes of VOC emissions
limitations or VOC content requirements: t-butyl acetate.'' Through
this revision, Hamilton County is also adding t-butyl acetate to the
list of negligibly reactive compounds, but maintaining the requirements
of recordkeeping, emissions reporting, and inventory. EPA is proposing
to approve this revision because it is consistent with the definition
of VOC at 40 CFR 51.100(s).3 4
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\3\ In EPA's November 29, 2004, final rulemaking, the Agency
added tertiary butyl acetate to the list of excluded compounds from
the definition of VOCs. See 69 FR 69298.
\4\ While EPA added t-butyl acetate to the list of negligibly
reactive compounds in the November 29, 2004, final rulemaking, t-
butyl acetate continued to be a VOC for purposes of all
recordkeeping, emissions reporting, and inventory requirements which
applied to VOC. See 69 FR 69298. Subsequently, on February 25, 2016
(81 FR 9339), EPA issued a final rule removing recordkeeping,
emissions reporting, and inventory requirements for t-Butyl acetate.
Although EPA no longer requires recordkeeping, emissions reporting,
and inventory requirements for t-butyl acetate, this SIP revision
includes this requirement.
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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 State's addition of the County's exemptions
from the definition of VOC, addition of recordkeeping, emissions
reporting, photochemical dispersion modeling, and inventory
requirements for t-butyl acetate, and other changes in paragraphs 3 and
4 to Chapter 4 of Part II, Section 4-2, of the Chattanooga Code
``Definitions'' are approvable under section 110(l) because they
reflect changes to federal regulations based on findings that the
aforementioned compounds are negligibly reactive and make a negligible
contribution to troposphere ozone formation.
III. 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 Chapter 4 of Part II, Section 4-2, ``Definitions'' effective
August 16, 1995, which revised the definition of VOC. EPA has made, and
will continue to make, these materials generally available through
www.regulations.gov and at the EPA Region 4 Office (please contact the
person identified in the ``For Further Information Contact'' section of
this preamble for more information).
IV. Proposed Action
Pursuant to section 110 of the CAA, EPA is proposing to approve the
aforementioned changes to Tennessee's SIP for Chapter 4 of Part II,
Section 4-2. EPA has evaluated the relevant portions of Tennessee's
June 25, 2008, SIP revision and has determined that it meets the
applicable requirements of the CAA and EPA regulations and is
consistent with EPA policy.
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. This action merely
proposes to approve state law as meeting Federal requirements and does
not impose additional requirements beyond those imposed by state law.
For that reason, this proposed 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 (Public Law 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).
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.
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 20, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
[FR Doc. 2018-04932 Filed 3-12-18; 8:45 am]
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