Air Plan Approval; AL; VOC Definitions and Particulate Emissions, 38841-38844 [2017-17231]
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§ 52.1770
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TABLE 1—EPA APPROVED NORTH CAROLINA REGULATIONS
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Purpose, Scope and Applicability.
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0436; FRL–9966–38–
Region 4]
Air Plan Approval; AL; VOC Definitions
and Particulate Emissions
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
On May 19, 2017, the State of
Alabama, through the Alabama
Department of Environmental
Management (ADEM), submitted
changes to the Alabama State
Implementation Plan (SIP). The
Environmental Protection Agency (EPA)
is taking direct final action to approve
the submission. Specifically, the
revision pertains to definitional
changes, including the modification of
the definition of ‘‘volatile organic
compounds’’ (VOCs), correction of a
typographical error, and removal of
control of particulate emissions and
opacity limits. EPA is taking direct final
action to approve the SIP revision
because the State has demonstrated that
these changes are consistent with the
Clean Air Act (CAA or Act).
DATES: This direct final rule is effective
October 16, 2017 without further notice,
unless EPA receives adverse comment
by September 15, 2017. If adverse
comment is received, EPA 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.
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SUMMARY:
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I. Background
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–
Frm 00021
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8/16/2017, [Insert first page of
publication].
Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2017–0436 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
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Richard Wong, 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. The
telephone number is (404) 562–8726.
Mr. Wong can be reached via electronic
mail at wong.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
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ADDRESSES:
[FR Doc. 2017–17251 Filed 8–15–17; 8:45 am]
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Explanation
Air Pollution Control Requirements
Section .2000
Sect .2001 ...............................
EPA approval date
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.08—Wood Waste Boilers. This
rulemaking revises the definition of
VOCs, corrects a typographical error and
removes particulate emission and
opacity limits for Talladega County.
II. EPA’s Analysis of Alabama’s SIP
Revision
A. Rule 335–3–1–.02—Definitions
Tropospheric ozone, commonly
known as smog, occurs when VOCs and
nitrogen oxides (NOX) react with
sunlight 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 participate in
atmospheric photochemical reactions.
Different VOCs have different levels of
reactivity; they do not react at the same
speed or form ozone to the same extent.
EPA determines whether a given
carbon compound has ‘‘negligible’’
reactivity by comparing the compound’s
reactivity to the reactivity of ethane. 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 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.
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Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Rules and Regulations
On November 29, 2004,1 and August
1, 2016,2 EPA issued final rules revising
the definition of VOCs by adding new
compounds (tertiary butyl acetate (or tButyl acetate) and 1,1,2,2-Tetrafluoro-1(2,2,2-trifluoroethoxyl) ethane) to the
list of those that 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 51.100(s).
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 it reflects changes
to Federal regulations based on findings
that the exempted compounds are
negligibly reactive. The typographical
error correction makes ministerial
changes for consistency.
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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 on
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
1 In EPA’s November 29, 2004, final rulemaking,
the Agency adds tertiary butyl acetate to the list of
excluded compounds from the definition of VOCs.
See 69 FR 69298.
2 In EPA’s August 1, 2016, final rulemaking, the
Agency adds 1,1,2,2-Tetrafluoro-1-(2,2,2trifluoroethoxyl) ethane to the list of excluded
compounds from the definition of VOCs. See 81 FR
20330.
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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.
Region 4 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
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 Rule 335–3–1–.02—
Definitions and Rule 335–3–4–.08—
Wood Waste Boilers, effective June 9,
2017. 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.3
EPA has made, and will continue to
make, these materials generally
available through https://
www.regulations.gov and/or at the EPA
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);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
3 62
PO 00000
FR 27968 (May 22, 1997).
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IV. Final Action
EPA is taking direct 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.
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 October 16, 2017
without further notice unless the
Agency receives adverse comments by
September 15, 2017.
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 adverse 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 October 16,
2017 and no further action will be taken
on the proposed rule.
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Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Rules and Regulations
• 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 October 16, 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. 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
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,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: August 7, 2017.
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 entries for ‘‘Section 335–3–
1–.02’’ and ‘‘Section 335–3–4–.08’’ to
read as follows:
■
§ 52.50
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EPA APPROVED ALABAMA REGULATIONS
State citation
State effective
date
Title/subject
Chapter No. 335–3–1
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Section 335–3–1–.02 ......................
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Definitions ......................................
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Control of Particulate Emissions
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General Provision
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Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Rules and Regulations
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[FR Doc. 2017–17231 Filed 8–15–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2016–0286; FRL–9964–40]
Prothioconazole; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes a
tolerance for residues of
prothioconazole in or on Sunflower
subgroup 20B at 0.2 parts per million
(ppm). Bayer CropScience requested
this tolerance under the Federal Food,
Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective
August 16, 2017. Objections and
requests for hearings must be received
on or before October 16, 2017, and must
be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2016–0286, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Michael L. Goodis, P.E., Director,
Registration Division (7505P), Office of
Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460–0001;
main telephone number: (703) 305–
7090; email address: RDFRNotices@
epa.gov.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
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pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Printing Office’s e-CFR
site at https://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2016–0286 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before October 16, 2017. Addresses for
mail and hand delivery of objections
and hearing requests are provided in 40
CFR 178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2016–0286, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be CBI or
other information whose disclosure is
restricted by statute.
PO 00000
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• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW., Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at https://
www.epa.gov/dockets.
II. Summary of Petitioned-For
Tolerance
In the Federal Register of July 20,
2016 (81 FR 47150) (FRL–9948–45),
EPA issued a document pursuant to
FFDCA section 408(d)(3), 21 U.S.C.
346a(d)(3), announced the filing of a
pesticide petition (PP 6E8469) by Bayer
CropScience, P.O. Box 12014, 2 T.W.
Alexander Drive, Research Triangle
Park, NC 27709. This petition requested
that 40 CFR 180.626 be amended by
establishing tolerances for residues of
prothioconazole in or on imported
commodities in the sunflower subgroup
20B at 0.2 ppm. This document
referenced a summary of a petition
prepared by Bayer CropScience, the
registrant, which are available in the
docket, https://www.regulations.gov. No
comments were received in response to
the notice of filing.
III. Aggregate Risk Assessment and
Determination of Safety
Section 408(b)(2)(A)(i) of FFDCA
allows EPA to establish a tolerance (the
legal limit for a pesticide chemical
residue in or on a food) only if EPA
determines that the tolerance is ‘‘safe.’’
Section 408(b)(2)(A)(ii) of FFDCA
defines ‘‘safe’’ to mean that ‘‘there is a
reasonable certainty that no harm will
result from aggregate exposure to the
pesticide chemical residue, including
all anticipated dietary exposures and all
other exposures for which there is
reliable information.’’ This includes
exposure through drinking water and in
residential settings, but does not include
occupational exposure. Section
408(b)(2)(C) of FFDCA requires EPA to
give special consideration to exposure
of infants and children to the pesticide
chemical residue in establishing a
tolerance and to ‘‘ensure that there is a
reasonable certainty that no harm will
result to infants and children from
aggregate exposure to the pesticide
chemical residue. . . .’’
Consistent with FFDCA section
408(b)(2)(D), and the factors specified in
FFDCA section 408(b)(2)(D), EPA has
reviewed the available scientific data
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[Federal Register Volume 82, Number 157 (Wednesday, August 16, 2017)]
[Rules and Regulations]
[Pages 38841-38844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17231]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0436; FRL-9966-38-Region 4]
Air Plan Approval; AL; VOC Definitions and Particulate Emissions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: On May 19, 2017, the State of Alabama, through the Alabama
Department of Environmental Management (ADEM), submitted changes to the
Alabama State Implementation Plan (SIP). The Environmental Protection
Agency (EPA) is taking direct final action to approve the submission.
Specifically, the revision pertains to definitional changes, including
the modification of the definition of ``volatile organic compounds''
(VOCs), correction of a typographical error, and removal of control of
particulate emissions and opacity limits. EPA is taking direct final
action to approve the SIP revision because the State has demonstrated
that these changes are consistent with the Clean Air Act (CAA or Act).
DATES: This direct final rule is effective October 16, 2017 without
further notice, unless EPA receives adverse comment by September 15,
2017. If adverse comment is received, EPA 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-2017-0436 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 https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Richard Wong, 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. The telephone number is (404) 562-8726. Mr. Wong can be
reached via electronic mail at wong.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
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.
This rulemaking revises the definition of VOCs, corrects a
typographical error and removes particulate emission and opacity limits
for Talladega County.
II. EPA's Analysis of Alabama's SIP Revision
A. Rule 335-3-1-.02--Definitions
Tropospheric ozone, commonly known as smog, occurs when VOCs and
nitrogen oxides (NOX) react with sunlight 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 participate in atmospheric photochemical reactions.
Different VOCs have different levels of reactivity; they do not react
at the same speed or form ozone to the same extent.
EPA determines whether a given carbon compound has ``negligible''
reactivity by comparing the compound's reactivity to the reactivity of
ethane. 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 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.
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On November 29, 2004,\1\ and August 1, 2016,\2\ 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 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 51.100(s).
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\1\ In EPA's November 29, 2004, final rulemaking, the Agency
adds tertiary butyl acetate to the list of excluded compounds from
the definition of VOCs. See 69 FR 69298.
\2\ In EPA's August 1, 2016, final rulemaking, the Agency adds
1,1,2,2-Tetrafluoro-1-(2,2,2-trifluoroethoxyl) ethane to the list of
excluded compounds from the definition of VOCs. See 81 FR 20330.
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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 it reflects 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
on 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. 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. 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.\3\ EPA has
made, and will continue to make, these materials generally available
through https://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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\3\ 62 FR 27968 (May 22, 1997).
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IV. Final Action
EPA is taking direct 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.
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 October 16, 2017
without further notice unless the Agency receives adverse comments by
September 15, 2017.
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 adverse 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 October 16, 2017 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);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
[[Page 38843]]
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 October 16, 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. 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 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, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: August 7, 2017.
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 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
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State
State citation Title/subject effective date EPA approval date Explanation
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Chapter No. 335-3-1 General Provision
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* * * * * * *
Section 335-3-1-.02............. Definitions........ 6/9/2017 8/16/2017; [Insert
citation of
publication].
* * * * * * *
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Chapter 335-3-4 Control of Particulate Emissions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 335-3-4-.08............. Wood Waste Boilers. 6/9/2017 8/16/2017; [Insert
citation of
publication].
* * * * * * *
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[[Page 38844]]
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[FR Doc. 2017-17231 Filed 8-15-17; 8:45 am]
BILLING CODE 6560-50-P