Air Plan Approval; Alabama: Volatile Organic Compounds, 63701-63704 [2016-22221]
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Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Rules and Regulations
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navigation position from 5 a.m. to 7
p.m. from September 19, 2016, through
September 30, 2016; with alternate dates
from October 1, 2016, through October
16, 2016. During this temporary
deviation, the bridge will operate per 33
CFR 117.5 from 7 p.m. to 5 a.m.
The James River is used by a variety
of vessels including deep draft oceangoing vessels, U. S. government vessels,
small commercial vessels, recreational
vessels and tug and barge traffic. The
Coast Guard has carefully coordinated
the restrictions with waterway users.
During closure periods a 55-foot by
150-foot crane barge will be positioned
alongside the bridge at various locations
within the main navigation span of the
bridge with the centerline of the barge
perpendicular to the bridge. Vessels able
to safely pass through the bridge in the
closed position with the crane barge
positioned alongside the bridge may do
so at anytime. Vessels planning to
transit through the bridge in the closed
position with the crane barge positioned
alongside the bridge shall contact the
bridge tender to request information
concerning the position of the crane
barge to ensure safe passage.
Vessels able to safely pass through the
bridge in the closed position that
require the crane barge to clear the main
navigation span of the bridge, may do so
at noon, daily, if at least two hours
advance notice is given to the bridge
tender. The bridge will open on signal
for vessels that require an opening of the
bridge and are unable to transit through
the bridge during non-closure times due
to draft and/or daylight restrictions, if
notice is provided by 5 p.m. the day
before the required bridge opening. The
bridge will not be able to open for
emergencies and there is no immediate
alternate route for vessels to pass. The
Coast Guard will also inform the users
of the waterways through our Local and
Broadcast Notices to Mariners of the
change in operating schedule for the
bridge so that vessel operators can
arrange their transit to minimize any
impact caused by the temporary
deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
ENVIRONMENTAL PROTECTION
AGENCY
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
40 CFR Part 52
Dated: September 13, 2016.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard
District.
■
[FR Doc. 2016–22300 Filed 9–15–16; 8:45 am]
[FR Doc. 2016–22225 Filed 9–15–16; 8:45 am]
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[EPA–R03–OAR–2016–0304; FRL–9952–47–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Control of Volatile Organic
Compounds Emissions From
Fiberglass Boat Manufacturing
Materials; Withdrawal of Direct Final
Rule
Environmental Protection
Agency (EPA).
AGENCY:
ACTION:
Withdrawal of direct final rule.
Due to the receipt of a
comment, the Environmental Protection
Agency (EPA) is withdrawing the direct
final rule published on August 1, 2016,
to approve the State of Maryland’s
adoption of the requirements in EPA’s
control technique guidelines (CTG) for
fiberglass boat manufacturing materials.
SUMMARY:
The direct final rule published at
81 FR 50336 on August 1, 2016, is
withdrawn effective September 16,
2016.
DATES:
FOR FURTHER INFORMATION CONTACT:
Gavin Huang, (215) 814–2042, or by
email at huang.gavin@epa.gov.
In the
direct final rule published on August 1,
2016 (81 FR 50336), we stated that if we
received comment by August 31, 2016,
the rule would be withdrawn and not
take effect. EPA received a comment
before the August 31, 2016 deadline.
EPA will address the comment received
in a subsequent final action based upon
the proposed action also published on
August 1, 2016 (81 FR 50427). EPA will
not institute a second comment period
on this action.
SUPPLEMENTARY INFORMATION:
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference, Ozone,
Volatile organic compounds.
Dated: September 6, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.
Accordingly, the direct final rule
which published in the Federal Register
on August 1, 2016, at 81 FR 50336 is
withdrawn as of September 16, 2016.
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[EPA–R04–OAR–2016–0473; FRL–9952–30–
Region 4]
Air Plan Approval; Alabama: Volatile
Organic Compounds
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a portion of
a revision to the Alabama State
Implementation Plan (SIP) submitted by
the Alabama Department of
Environmental Management (ADEM) on
May 8, 2013. The revision modifies the
definition of ‘‘volatile organic
compounds’’ (VOC). Specifically, the
revision adds one compound to the list
of those excluded from the VOC
definition on the basis that this
compound makes 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
November 15, 2016 without further
notice, unless EPA receives adverse
comment by October 17, 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.
SUMMARY:
Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2016–0473 at https://
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
ADDRESSES:
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https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Sean Lakeman, 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. Mr.
Lakeman can be reached by phone at
(404) 562–9043 or via electronic mail at
lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
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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.
EPA issued a final rule approving the
addition of trans-1,3,3,3tetrafluropropene (also known as HFO1234ze) to the list of those compounds
excluded from the regulatory definition
of VOC. See 77 FR 37610 (June 22,
2012). Alabama is updating its SIP to be
consistent with that change to federal
regulations.
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II. Analysis of State’s Submittal
On May 8, 2013, 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
trans-1,3,3,3-tetrafluropropene (also
known as HFO-1234ze) to the list of
compounds excluded from the VOC
definition on the basis that this
compound makes a negligible
contribution to tropospheric ozone
formation.
This change is consistent with section
110 of the CAA and meets 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
aforementioned compound is 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 is
the most up to date version of the
definition of VOC.2 Therefore, this
material has been approved by EPA for
inclusion in the SIP, 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.3
EPA has made, and will continue to
make, these materials generally
available through www.regulations.gov
1 EPA will consider the other changes included in
Alabama’s May 8, 2013, SIP submittal, which relate
to permitting, greenhouse gases, and transportation
conformity, in a future rulemaking.
2 Although the effective date of the rule change
made in Alabama’s May 8, 2013, SIP revision is
May 28, 2013, the most recent version of Alabama’s
Rule 335–3–1–.02(gggg) which is approved into the
federally-approved SIP is November 24, 2015. See
81 FR 49899 (July 29, 2016). The November 24,
2015, version of Alabama’s Rule 335–3–1–.02(gggg)
captures the changes the State made to this rule,
effective May 28, 2013.
3 62 FR 27968 (May 22, 1997).
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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).
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 May 8, 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 November 15, 2016
without further notice unless the
Agency receives adverse comments by
October 17, 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 November 15,
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);
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• 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).
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 November 15, 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 this 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: September 2, 2016.
V. Anne Heard,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
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 entry for ‘‘Section 335–3–1–
.02’’ to read as follows:
■
§ 52.50
*
Identification of plan.
*
*
(c) * * *
*
*
EPA APPROVED ALABAMA REGULATIONS
State citation
State effective
date
Title/subject
EPA approval date
Explanation
Chapter 335–3–1—General Provisions
*
*
Section 335–3–1–.02 .....................................
*
*
*
*
*
*
*
Definitions ..................
*
*
11/24/2015
*
*
*
9/16/2016, [Insert Federal
Register citation].
*
*
*
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2015–0251; FRL–FRL–
9952–28–Region 4]
Air Plan Approval; SC Infrastructure
Requirements for the 2010 1-Hour NO2
NAAQS
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve portions of the State
Implementation Plan (SIP) submission,
submitted by the State of South
Carolina, through the South Carolina
Department of Health and
Environmental Control (SC DHEC) on
April 30, 2014, to demonstrate that the
State meets certain infrastructure
requirements of the Clean Air Act (CAA
or Act) for the 2010 1-hour nitrogen
dioxide (NO2) national ambient air
quality standards (NAAQS). The CAA
requires that each state adopt and
submit a SIP for the implementation,
maintenance and enforcement of each
NAAQS promulgated by EPA, which is
commonly referred to as an
‘‘infrastructure’’ SIP. SC DHEC certified
that the South Carolina SIP contains
provisions that ensure the 2010 NO2
NAAQS are implemented, enforced, and
maintained in South Carolina. EPA has
determined that South Carolina’s SIP
satisfies certain required infrastructure
elements for the 2010 NO2 NAAQS.
DATES: This rule will be effective
October 17, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2015–0251. 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.,
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SUMMARY:
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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, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Pesticides and
Toxics Management Division, Region 4,
U.S. Environmental Protection Agency,
61 Forsyth Street SW., Atlanta, Georgia
30303–8960. The telephone number is
(404) 562–8726. Mr. Richard Wong can
also be reached via electronic mail at
wong.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Overview
On January 22, 2010, (published at 75
FR 6474, February 9, 2010), EPA
promulgated a new 1-hour primary
NAAQS for NO2 at a level of 100 parts
per billion, based on a 3-year average of
the 98th percentile of the yearly
distribution of 1-hour daily maximum
concentrations. Pursuant to section
110(a)(1) of the CAA, states are required
to submit SIPs meeting the requirements
of section 110(a)(2) within three years
after promulgation of a new or revised
NAAQS or within such shorter period
as EPA may prescribe. Section 110(a)(2)
requires states to address basic SIP
elements such as requirements for
monitoring, basic program requirements
and legal authority that are designed to
assure attainment and maintenance of
the NAAQS. States were required to
submit such SIPs for the 2010 NO2
NAAQS to EPA no later than January
22, 2013.
In a proposed rulemaking published
on June 27, 2016 (81 FR 41498), EPA
proposed to approve South Carolina’s
2010 1-hour NO2 NAAQS infrastructure
SIP submission submitted on April 30,
2014, with the exception of the PSD
permitting requirements for major
sources of sections 110(a)(2)(C), prong 3
of D(i), and (J) and the interstate
transport requirements of section
110(a)(2)(D)(i)(I) and (II) (prongs 1, 2,
and 4), for which EPA did not propose
any action. On March 18, 2015 (80 FR
14019), EPA approved South Carolina’s
April 30, 2014, infrastructure SIP
submission regarding the PSD
permitting requirements for major
sources of sections 110(a)(2)(C), prong 3
of D(i), and (J) for the 2010 1-hour NO2
NAAQS. Therefore, EPA is not taking
any action today pertaining to sections
110(a)(2)(C), prong 3 of D(i) and (J). On
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August 22, 2016 (81 FR 56512) EPA
conditionally approved South Carolina’s
April 30, 2014, infrastructure SIP
submission regarding prong 4 of D(i) for
the 2010 1-hour NO2 NAAQS.
Therefore, EPA is not taking any action
today pertaining to prong 4. With
respect to the interstate transport
requirements of section 110(a)(2)(D)(i)(I)
(prongs 1 and 2), EPA does not yet have
a submission before the Agency for
action. The details of South Carolina’s
submission and the rationale for EPA’s
action are explained in the proposed
rulemaking. Comments on the proposed
rulemaking were due on or before July
28, 2016. EPA received no adverse
comments on the proposed action.
II. Final Action
With the exception of the PSD
permitting requirements for major
sources of sections 110(a)(2)(C), prong 3
of D(i), and (J) and the interstate
transport requirements of section
110(a)(2)(D)(i)(I) and (II) (prongs 1, 2,
and 4), EPA is taking final action to
approve South Carolina’s infrastructure
SIP submission for the 2010 1-hour NO2
NAAQS. EPA is taking final action to
approve portions of South Carolina’s
infrastructure SIP submission for the
2010 1-hour NO2 NAAQS because it is
consistent with section 110 of the CAA.
III. 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.);
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[Federal Register Volume 81, Number 180 (Friday, September 16, 2016)]
[Rules and Regulations]
[Pages 63701-63704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22221]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2016-0473; FRL-9952-30-Region 4]
Air Plan Approval; Alabama: Volatile Organic Compounds
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
portion of a revision to the Alabama State Implementation Plan (SIP)
submitted by the Alabama Department of Environmental Management (ADEM)
on May 8, 2013. The revision modifies the definition of ``volatile
organic compounds'' (VOC). Specifically, the revision adds one compound
to the list of those excluded from the VOC definition on the basis that
this compound makes 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 November 15, 2016 without
further notice, unless EPA receives adverse comment by October 17,
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-2016-0473 at https://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
[[Page 63702]]
https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Sean Lakeman, 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. Mr. Lakeman can be reached by phone at (404) 562-9043 or
via electronic mail at lakeman.sean@epa.gov.
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.
EPA issued a final rule approving the addition of trans-1,3,3,3-
tetrafluropropene (also known as HFO-1234ze) to the list of those
compounds excluded from the regulatory definition of VOC. See 77 FR
37610 (June 22, 2012). Alabama is updating its SIP to be consistent
with that change to federal regulations.
II. Analysis of State's Submittal
On May 8, 2013, 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 trans-1,3,3,3-tetrafluropropene (also known as HFO-
1234ze) to the list of compounds excluded from the VOC definition on
the basis that this compound makes a negligible contribution to
tropospheric ozone formation.
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\1\ EPA will consider the other changes included in Alabama's
May 8, 2013, SIP submittal, which relate to permitting, greenhouse
gases, and transportation conformity, in a future rulemaking.
---------------------------------------------------------------------------
This change is consistent with section 110 of the CAA and meets 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
aforementioned compound is 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 is the most up to date version of the definition of VOC.\2\
Therefore, this material has been approved by EPA for inclusion in the
SIP, 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.\3\ 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\ Although the effective date of the rule change made in
Alabama's May 8, 2013, SIP revision is May 28, 2013, the most recent
version of Alabama's Rule 335-3-1-.02(gggg) which is approved into
the federally-approved SIP is November 24, 2015. See 81 FR 49899
(July 29, 2016). The November 24, 2015, version of Alabama's Rule
335-3-1-.02(gggg) captures the changes the State made to this rule,
effective May 28, 2013.
\3\ 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 May 8, 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 November 15,
2016 without further notice unless the Agency receives adverse comments
by October 17, 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 November 15, 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);
[[Page 63703]]
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).
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 November 15, 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 this 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: September 2, 2016.
V. Anne Heard,
Acting 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
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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 9/16/2016, [Insert Federal Register
citation].
* * * * * * *
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* * * * *
[FR Doc. 2016-22221 Filed 9-15-16; 8:45 am]
BILLING CODE 6560-50-P
