Approval and Promulgation of Implementation Plans Alabama: Volatile Organic Compounds, 33116-33118 [2014-13428]
Download as PDF
<![CDATA[
33116
Federal Register / Vol. 79, No. 111 / Tuesday, June 10, 2014 / Rules and Regulations
(c) * * *
(157) * * *
(i) * * *
(ii) Additional materials.
(A) Arizona Department of
Environmental Quality.
(1) 2012 Five Percent Plan for PM–10
for the Maricopa County Nonattainment
Area, and Appendices Volume One and
Volume Two, adopted May 23, 2012.
(2) 2012 Five Percent Plan for PM–10
for the Pinal County Township 1 North,
Range 8 East Nonattainment Area,
adopted May 25, 2012.
*
*
*
*
*
[FR Doc. 2014–13495 Filed 6–9–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2014–0311; FRL–9911–90–
Region–4]
Approval and Promulgation of
Implementation Plans Alabama:
Volatile Organic Compounds
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve a revision to the
Alabama State Implementation Plan
(SIP) submitted by the Alabama
Department of Environmental
Management (ADEM) on September 3,
2013. The revision modifies the
definition of ‘‘volatile organic
compounds’’ (VOCs). Specifically, the
revision adds four
hydrofluoropolyethers (HFPEs)
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. ADEM is updating its SIP to
be consistent with EPA rule finalized on
February 12, 2013, which excludes
these compounds from the regulatory
VOC definition.
DATES: This rule is effective on August
11, 2014 without further notice, unless
EPA receives relevant adverse comment
by July 10, 2014. If EPA receives such
comment, EPA will publish a timely
withdrawal in the Federal Register
informing the public that this rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2014–0311, by one of the
following methods:
emcdonald on DSK67QTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:04 Jun 09, 2014
Jkt 232001
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: R4-RDS@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: ‘‘EPA–R04–OAR–2014–
0311,’’ Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Lynorae
Benjamin, Chief, Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. ‘‘EPA–R04–OAR–2014–
0311.’’ EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through
www.regulations.gov or email,
information that you consider to be CBI
or otherwise protected. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
PO 00000
Frm 00074
Fmt 4700
Sfmt 4700
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., 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 in www.regulations.gov or
in hard copy at the Regulatory
Development Section, Air Planning
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.
FOR FURTHER INFORMATION CONTACT:
Richard Wong, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street
SW., Atlanta, Georgia 30303–8960. Mr.
Richard Wong may be reached by phone
at (404) 562–8726 or by electronic mail
address wong.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Tropospheric ozone, commonly
known as smog, occurs when VOCs and
nitrogen oxides (NOX) react in the
atmosphere. Because of the harmful
health effects of ozone, EPA limits the
amount of VOCs and NOX that can be
released into the atmosphere. VOCs 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.
It has been EPA’s policy that
compounds of carbon with negligible
reactivity need not be regulated to
reduce ozone. See 42 FR 35314, July 8,
1977. 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
E:\FR\FM\10JNR1.SGM
10JNR1
Federal Register / Vol. 79, No. 111 / Tuesday, June 10, 2014 / Rules and Regulations
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 August 11, 2014
without further notice unless the
Agency receives adverse comments by
July 10, 2014. If the 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 August 11,
2014 and no further action will be taken
on the proposed rule.
II. Analysis of the State’s Submittal
On September 3, 2013, ADEM
submitted a SIP revision 1 to EPA for
review and approval. The revision
modifies the definition of VOCs found
at Alabama Administrative Code section
335–3–1–.02(gggg). Specifically, the
revision adds four HFPEs compounds—
HCF2OCF2H (HFE–134),
HCF2OCF2OCF2H (HFE–236cal2),
HCF2OCF2CF2OCF2H (HFE–338pcc13),
and HCF2OCF2OCF2CF2OCF2H
(H-Galden 1040X and H-Galden ZT 130
(or 150 or 180)) 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 amends Rule 335–3–1–
.02(gggg) to update the definition of
VOC to be consistent with EPA
regulations. These changes are
consistent with the section 110 of the
Clean Air Act (CAA or Act).
emcdonald on DSK67QTVN1PROD with RULES
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.
On February 12, 2013, EPA issued a
final rule approving the addition of four
HFPEs to the list of those compounds
excluded from the regulatory definition
of VOC. See 78 FR 9823. The four
HFPEs—HCF2OCF2H (HFE–134),
HCF2OCF2OCF2H (HFE–236cal2),
HCF2OCF2CF2OCF2H (HFE–338pcc13),
and HCF2OCF2OCF2CF2OCF2H
(H-Galden 1040X and H-Galden ZT 130
(or 150 or 180)), have been used in some
heat transfer applications (as
refrigerants) and as fire suppressants.
Because HFPEs do not contain chlorine
or bromine, these compounds do not
contribute to the depletion of the ozone
layer and have ozone depletion
potential values of zero. ADEM is
updating its SIP to be consistent with
federal regulations.
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
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 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
III. Final Action
Pursuant to section 110 of the CAA,
EPA is approving the revision to the
Alabama SIP revising the VOC
definition. EPA has evaluated
Alabama’s September 3, 2013, 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
1 Alabama’s September 3, 2013 submission to
EPA also included changes to Chapters 335–3–10
New Source Performance Standards and 335–3–11
National Emissions Standards for Hazardous Air
Pollutants which are not part of the Alabama
federally approved SIP.
VerDate Mar<15>2010
16:04 Jun 09, 2014
Jkt 232001
PO 00000
Frm 00075
Fmt 4700
Sfmt 4700
33117
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
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 11, 2014. 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
E:\FR\FM\10JNR1.SGM
10JNR1
33118
Federal Register / Vol. 79, No. 111 / Tuesday, June 10, 2014 / Rules and Regulations
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 CAA
section 307(b)(2), 42 U.S.C. 7607(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Nitrogen dioxides, Reporting
Authority: 42 U.S.C. 7401 et seq.
and recordkeeping requirements,
Volatile organic compounds.
Subpart B—Alabama
Dated: May 28, 2014.
Heather McTeer Toney.
Regional Administrator, Region 4.
2. Section 52.50(c) is amended by
revising the entry for ‘‘Section 335–3–1–
.02’’ to read as follows:
■
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
§ 52.50
*
Identification of plan.
*
*
(c) * * *
*
*
1. The authority citation for part 52
continues to read as follows:
■
EPA—APPROVED ALABAMA REGULATIONS
State citation
Title/subject
State effective
date
EPA approval date
Explanation
Chapter 335–3–1—General Provisions
*
*
*
Section 335–3–1–.02 .............. Definitions ..............................
*
*
*
*
*
*
*
*
[FR Doc. 2014–13428 Filed 6–9–14; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 14–671]
Radio Broadcasting Services; Various
Locations
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
The Audio Division amends
the FM Table of Allotments (‘‘FM
Table’’), to remove certain vacant FM
allotments that were auctioned in FM
Auction 68 and FM Auction 70 that are
currently considered authorized
stations. FM assignments for authorized
stations and reserved facilities will be
reflected solely in Media Bureau’s
Consolidated Database System (CDBS).
DATES: Effective June 10, 2014.
FOR FURTHER INFORMATION CONTACT:
Rolanda F. Smith, Media Bureau, (202)
418–2700.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
and Order, DA 14–671, adopted May 15,
2014, and released May 16, 2014. The
full text of this Commission decision is
available for inspection and copying
during normal business hours in the
Commission’s Reference Center 445
emcdonald on DSK67QTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:04 Jun 09, 2014
*
9/24/2013
Jkt 232001
*
6/10/2014 [Insert citation of
publication].
*
12th Street SW., Washington, DC 20554.
The complete text of this decision may
also be purchased from the
Commission’s duplicating contractor,
Best Copy and Printing, Inc., 445 12th
Street SW., Room CY–B402,
Washington, DC 20054, telephone 1–
800–378–3160 or www.BCPIWEB.com.
The Commission will not send a copy
of this Report and Order pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A), because the adopted rules
are rules of particular applicability. This
document does not contain proposed
information collection requirements
subject to the Paperwork Reduction Act
of 1995, Public Law 104–13. In addition,
therefore, it does not contain any
proposed information collection burden
‘‘for small business concerns with fewer
than 25 employees,’’ pursuant to the
Small Business Paperwork Relief Act of
2002, Public Law 107–198, see 44 U.S.C.
3506(c)(4).
List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
Federal Communications Commission.
James D. Bradshaw,
Deputy Chief, Audio Division, Media Bureau.
As stated in the preamble, the Federal
Communications Commission amends
47 CFR part as follows:
PART 73—RADIO BROADCASTING
SERVICES
1. The authority citation for Part 73
continues to read as follows:
■
PO 00000
Frm 00076
Fmt 4700
Sfmt 4700
*
*
*
*
*
Authority: 47 U.S.C. 154, 303, 334, 336 and
339.
§ 73.202
[Amended]
2. Amend § 73.202(b) Table of FM
Allotments as follows:
■ a. Remove New Hope, under Alabama,
Channel 278A; Pine Level, Channel
248A; and Saint Florian, Channel 274A.
■ b. Remove Aguila, under Arizona,
Channel 297C3; Chino Valley, Channel
223A; Heber, Channel 288C2; Huachuca
City, Channel 232A; Parker, Channel
247C3; Patagonia, Channel 251A; Rio
Rico, Channel 300A; Taylor, Channel
278C3.
■ c. Remove Arkadelphia, under
Arkansas, Channel 228A and Paragould,
Channel 257A.
■ d. Remove Burney, under California,
Channel 225A; Covelo, Channel 245A;
Channel 236C3 at McKinleyville;
Channel 291A at Tecopa; and Channel
253A at Willow Creek.
■ e. Remove Arriba, under Colorado,
Channel 240A; Aspen, Channel 228A;
Cheyenne Wells, Channel 224C1;
Flagler, Channel 283C3; and Hugo,
Channel 222A.
■ f. Remove Cedar Key, under Florida,
Channel 261A; Key West, Channel
244A; and Perry, Channel 228A.
■ g. Remove Lincolnton, under Georgia,
Channel 254A; Patterson, Channel
296A; Pineview, Channel 226A;
Plainville, Channel 285A; Wadley,
Channel 227A; Woodbury, Channel
233A; and Young Harris, Channel 236A.
■ h. Remove Kailua-Kona, under
Hawaii, Channel 244A and Channel
298C2 at Kihei.
■
E:\FR\FM\10JNR1.SGM
10JNR1
]]>Agencies
[Federal Register Volume 79, Number 111 (Tuesday, June 10, 2014)]
[Rules and Regulations]
[Pages 33116-33118]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13428]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2014-0311; FRL-9911-90-Region-4]
Approval and Promulgation of Implementation Plans Alabama:
Volatile Organic Compounds
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve a revision to the Alabama State Implementation
Plan (SIP) submitted by the Alabama Department of Environmental
Management (ADEM) on September 3, 2013. The revision modifies the
definition of ``volatile organic compounds'' (VOCs). Specifically, the
revision adds four hydrofluoropolyethers (HFPEs) 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. ADEM is updating its SIP to be consistent with EPA rule
finalized on February 12, 2013, which excludes these compounds from the
regulatory VOC definition.
DATES: This rule is effective on August 11, 2014 without further
notice, unless EPA receives relevant adverse comment by July 10, 2014.
If EPA receives such comment, EPA will publish a timely withdrawal in
the Federal Register informing the public that this rule will not take
effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2014-0311, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: R4-RDS@epa.gov.
3. Fax: (404) 562-9019.
4. Mail: ``EPA-R04-OAR-2014-0311,'' Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960.
5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW., Atlanta, Georgia 30303-8960. Such deliveries are
only accepted during the Regional Office's normal hours of operation.
The Regional Office's official hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.
Instructions: Direct your comments to Docket ID No. ``EPA-R04-OAR-
2014-0311.'' EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through
www.regulations.gov or email, information that you consider to be CBI
or otherwise protected. The www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 in www.regulations.gov or
in hard copy at the Regulatory Development Section, Air Planning
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.
FOR FURTHER INFORMATION CONTACT: Richard Wong, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW., Atlanta, Georgia 30303-8960. Mr. Richard Wong may be
reached by phone at (404) 562-8726 or by electronic mail address
wong.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Tropospheric ozone, commonly known as smog, occurs when VOCs and
nitrogen oxides (NOX) react in the atmosphere. Because of
the harmful health effects of ozone, EPA limits the amount of VOCs and
NOX that can be released into the atmosphere. VOCs 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.
It has been EPA's policy that compounds of carbon with negligible
reactivity need not be regulated to reduce ozone. See 42 FR 35314, July
8, 1977. 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
[[Page 33117]]
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.
On February 12, 2013, EPA issued a final rule approving the
addition of four HFPEs to the list of those compounds excluded from the
regulatory definition of VOC. See 78 FR 9823. The four HFPEs--HCF2OCF2H
(HFE-134), HCF2OCF2OCF2H (HFE-236cal2), HCF2OCF2CF2OCF2H (HFE-
338pcc13), and HCF2OCF2OCF2CF2OCF2H (H-Galden 1040X and H-Galden ZT 130
(or 150 or 180)), have been used in some heat transfer applications (as
refrigerants) and as fire suppressants. Because HFPEs do not contain
chlorine or bromine, these compounds do not contribute to the depletion
of the ozone layer and have ozone depletion potential values of zero.
ADEM is updating its SIP to be consistent with federal regulations.
II. Analysis of the State's Submittal
On September 3, 2013, ADEM submitted a SIP revision \1\ to EPA for
review and approval. The revision modifies the definition of VOCs found
at Alabama Administrative Code section 335-3-1-.02(gggg). Specifically,
the revision adds four HFPEs compounds--HCF2OCF2H (HFE-134),
HCF2OCF2OCF2H (HFE-236cal2), HCF2OCF2CF2OCF2H (HFE-338pcc13), and
HCF2OCF2OCF2CF2OCF2H (H-Galden 1040X and H-Galden ZT 130 (or 150 or
180)) to the list of those excluded from the VOC definition on the
basis that these compounds make a negligible contribution to
tropospheric ozone formation.
---------------------------------------------------------------------------
\1\ Alabama's September 3, 2013 submission to EPA also included
changes to Chapters 335-3-10 New Source Performance Standards and
335-3-11 National Emissions Standards for Hazardous Air Pollutants
which are not part of the Alabama federally approved SIP.
---------------------------------------------------------------------------
This action amends Rule 335-3-1-.02(gggg) to update the definition
of VOC to be consistent with EPA regulations. These changes are
consistent with the section 110 of the Clean Air Act (CAA or Act).
III. Final Action
Pursuant to section 110 of the CAA, EPA is approving the revision
to the Alabama SIP revising the VOC definition. EPA has evaluated
Alabama's September 3, 2013, 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
August 11, 2014 without further notice unless the Agency receives
adverse comments by July 10, 2014. If the 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 August 11, 2014 and no further action will be
taken on the proposed rule.
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 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 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 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 11, 2014. 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
[[Page 33118]]
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 CAA section 307(b)(2), 42
U.S.C. 7607(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Nitrogen dioxides,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: May 28, 2014.
Heather McTeer Toney.
Regional Administrator, Region 4.
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 B--Alabama
0
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.
* * * * *
(c) * * *
EPA--Approved Alabama Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
Chapter 335-3-1--General Provisions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 335-3-1-.02.............. Definitions........ 9/24/2013 6/10/2014 [Insert ...................
citation of
publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2014-13428 Filed 6-9-14; 8:45 am]
BILLING CODE 6560-50-P
