[Federal Register Volume 82, Number 197 (Friday, October 13, 2017)]
[Rules and Regulations]
[Pages 47631-47634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22099]



40 CFR Part 52

[EPA-R04-OAR-2017-0436; FRL-9969-36-Region 4]

Air Plan Approval; AL; VOC Definitions and Particulate Emissions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.


SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve changes to the Alabama State Implementation Plan 
(SIP) to revise the definition of ``volatile organic compounds'' 
(VOCs), correct a typographical error, and remove control of 
particulate emissions and opacity limits for Talladega County. EPA is 
approving the SIP revisions submitted by the State of Alabama, through 
the Alabama Department of Environmental Management (ADEM), on May 19, 
2017. This action is being taken pursuant to the Clean Air Act (CAA or 

DATES: This rule is effective November 13, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2017-0436. 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 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 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. EPA requests that if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., 
excluding Federal holidays.

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 be 
reached via electronic mail at [email protected].


I. What action is the Agency taking?

    In this rulemaking, EPA is approving changes to the Alabama SIP, 
submitted by the State on May 19, 2017. The submission revises ADEM 
Rule 335-3-1-.02--Definitions and Rule 335-3-4-.08--Wood Waste Boilers. 
Specifically, this rulemaking revises the definition of VOCs, corrects 
a typographical error and removes particulate emission and opacity 
limits for Talladega County.

II. Background

    On August 16, 2017 (82 FR 38865), EPA proposed to approve the 
aforementioned changes, among others, to the SIP. This proposed rule 
accompanied a direct final rule published on the same day in the 
Federal Register (82 FR 38841). EPA received an adverse comment on the 
direct final rulemaking only on the changes made to Rule 335-3-1-.02 
and Rule 335-3-4-.08. Accordingly, EPA is withdrawing the direct final 
action through a separate action published elsewhere in this issue of 
the Federal Register and is taking final action on the changes to Rule 
335-3-1-.02 and Rule 335-3-4-.08 in this final rule.

A. Rule 335-3-1-.02--Definitions

    On November 29, 2004, and August 1, 2016, EPA issued final rules 
revising the definition of VOCs by adding new compounds (tertiary butyl 
acetate (or t-Butyl acetate) and 1,1,2,2-Tetrafluoro-1-(2,2,2-
trifluoroethoxyl) ethane) to the list of those that are considered to 
be negligibly reactive compounds, and on February 25, 2016 (81 FR 
9339), EPA issued a final rule removing recordkeeping, emissions 
reporting, photochemical dispersion modeling, and inventory 
requirements for t-Butyl acetate. The State's May 19, 2017, SIP 
revision adds these compounds to the list of negligibly reactive 
compounds under ADEM Rule 335-3-1-.02 subpart (gggg). The SIP revision 
also removes the recordkeeping, emissions reporting, photochemical 
dispersion modeling, and inventory requirements requirement for t-Butyl 
acetate. Additionally, the submittal makes a typographical correction 
under subpart (gggg)(iii). EPA proposes to approve these revisions 
because they are consistent with the definition of VOC at 40 CFR 
    The State's addition of exemptions from the definition of VOCs and 
removal of recordkeeping, emissions reporting, photochemical dispersion 
modeling, and inventory requirements for t-butyl acetate are approvable 
under section 110(l) because they reflect changes to Federal 
regulations based on findings that the exempted compounds are 
negligibly reactive. The typographical error correction makes 
ministerial changes for consistency.

B. Rule 335-3-4-.08--Wood Waste Boilers

    Rule 335-3-4-.08--Wood Waste Boilers was adopted into the Alabama 
SIP on April 23, 1974 (39 FR 14338), to provide emission limits based 

[[Page 47632]]

available control technologies and included a 0.30 grain per dry 
standard cubic foot (gr/dscf) emissions limit for boilers burning a 
combination of wood waste and fossil fuels. On November 24, 1981 (46 FR 
57484), EPA finalized a SIP revision allowing pulp mills to operate 
boilers that burn only wood waste in Talladega County. This change 
allowed a particulate matter emissions concentration of 0.45 gr/dscf 
when burning wood waste alone (but total emissions would remain the 
same provided boilers operate on a reduced rate). On July 11, 1986 (51 
FR 25198), EPA approved a revision adding a new paragraph 3 at Rule 
335-3-4-.08 that relaxed the allowable emission limit to 0.60 gr/dscf 
for wood waste boiler sources that operate up to 300 million British 
thermal unit per hour and tightened allowable emissions for other types 
of sources in Talladega County. Compliance with the emission limit was 
determined by an annual stack test. Additionally, an opacity limit of 
76 percent was established and would be measured by a transmissometer.
    The May 19, 2017, SIP revision removes paragraph 3, applicable only 
to sources in Talladega County, because the type of source no longer 
exists in the County or anywhere else in the State. Moreover, if such a 
source were to begin operating in the future, it would be subject to 
more stringent requirements under Rule 335-3-4-.08 paragraph 2.
    EPA believes that these changes to the regulatory portion of the 
SIP 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 State's removal of 
emissions and opacity requirements for Talladega County is an 
approvable change under section 110(l) because, should these sources 
start operating, they would fall under more stringent rules in the SIP.

III. Response to Comments

    Comment: EPA received one adverse comment on the direct final rule 
published on August 16, 2017 (82 FR 38841), and this comment has been 
included in the Docket for this action. The Commenter stated that EPA 
should not remove t-Butyl acetate (TBAC) from the list of ``volatile 
organic compounds because ``this compound is particularly dangerous and 
can cause deformations and brain injuries.'' The Commenter stated that 
EPA should maintain the recordkeeping and reporting provisions ``to 
determine whether states are causing deformations or brain injuries in 
nearby communities.'' The Commenter also stated EPA should not remove 
wood burning rules.
    Response: The State is merely updating the SIP to align with EPA's 
past rulemakings and reflect the definitions in 40 CFR 51.100(s). EPA 
issued a final rulemaking on November 29, 2004 (69 FR 69298) that 
revised the definition of VOC to exclude TBAC as a negligibly reactive 
compound. Additionally, EPA issued a final rule on February 25, 2016 
(81 FR 9339), that removed TBAC recordkeeping, emissions reporting, 
photochemical dispersion modeling, and inventory requirements for TBAC. 
EPA acknowledges the comments regarding the health risks associated 
with TBAC and is continuing to take steps to assess potential risks 
associated with this compound. In the 2016 EPA rule, EPA discussed the 
efforts surrounding any future determinations about the health risks 
associated with TBAC, including noting that data collected through the 
recordkeeping and reporting requirements did not appear relevant to any 
such future determinations and that EPA was assessing the health risks 
from TBAC through its Integrated Risk Information System. This effort 
is on-going, and we refer the Commenter to EPA's previous 2016 
rulemaking (81 FR 9339, 9341) for more information regarding health 
    The State removes Rule 335-3-4-.08 paragraph 3, particulate matter 
emissions limit for wood waste boilers applicable only to Talladega 
County because such sources no longer operate in the County. If such a 
source were to begin operating in the future, it would be subject to 
more stringent requirements under Rule 335-3-4-.08 paragraph 2, 
applicable statewide. Therefore, the Commenter's statement that such 
sources should be subject to tighter requirements is true, and EPA has 
determined that any new source would be subjected to tighter emissions 
limits, currently approved in the SIP.

IV. 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 Rule 335-3-
1-.02--Definitions and Rule 335-3-4-.08--Wood Waste Boilers, effective 
June 9, 2017. 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). 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.\1\

    \1\ 62 FR 27968 (May 22, 1997).

V. Final Action

    EPA is taking final action to approve portions of Alabama's May 19, 
2017, submission submitted by the State of Alabama through ADEM. The 
submission revises Rule 335-3-1-.02--Definitions and Rule 335-3-4-.08--
Wood Waste Boilers.

VI. 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 
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 (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

[[Page 47633]]

safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 
     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.
    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. 
    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 December 12, 2017. 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, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: September 29, 2017.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:


1. The authority citation for part 52 continues to read as follows:

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

Subpart B--Alabama

2. Section 52.50(c) is amended by revising the entries for ``Section 
335-3-1-.02'' and ``Section 335-3-4-.08'' to read as follows:

Sec.  52.50   Identification of plan.

* * * * *
    (c) * * *

                                        EPA Approved Alabama Regulations
         State citation            Title/subject     effective   EPA approval date           Explanation
                                      Chapter No. 335-3-1 General Provision
                                                  * * * * * * *
Section 335-3-1-.02............  Definitions......     6/9/2017  10/13/2017;        ............................
                                                                  [Insert citation
                                                                  of publication].
                                                  * * * * * * *
                                Chapter 335-3-4 Control of Particulate Emissions
                                                  * * * * * * *
Section 335-3-4-.08............  Wood Waste            6/9/2017  10/13/2017;        ............................
                                  Boilers.                        [Insert citation
                                                                  of publication].
                                                  * * * * * * *

* * * * *
[FR Doc. 2017-22099 Filed 10-12-17; 8:45 am]