Air Plan Approval; AL; VOC Definitions and Particulate Emissions, 47631-47634 [2017-22099]
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Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Rules and Regulations
describing the progress toward
reasonable progress goals (RPGs)
established for regional haze and a
determination of adequacy of the State’s
existing regional haze SIP. This action is
being taken in accordance with the
Clean Air Act.
DATES: The direct final rule published
on August 16, 2017 (82 FR 38834), is
withdrawn effective October 13, 2017.
FOR FURTHER INFORMATION CONTACT:
Anne K. McWilliams, Air Quality
Planning Unit, U.S. Environmental
Protection Agency, New England
Regional Office, 5 Post Office Square—
Suite 100, (Mail code OEP05–2), Boston,
MA 02109—3912, telephone (617) 918–
1697, facsimile (617) 918–0697, email
mcwilliams.anne@epa.gov.
SUPPLEMENTARY INFORMATION: In the
direct final rule, EPA stated that if
adverse comments were submitted by
September 15, 2017, the rule would be
withdrawn and not take effect. EPA
received an adverse comment prior to
the close of the comment period and,
therefore, is withdrawing the direct final
rule. EPA will address the comment in
a subsequent final action based upon
the proposed rule also published on
August 16, 2017 (82 FR 38864). EPA
will not institute a second comment
period on this action.
Dated: September 27, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New
England.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Accordingly, the amendments to 40
CFR 52.2370 published in the Federal
Register on August 16, 2017 (82 FR
38834), on page 38838 are withdrawn
effective October 13, 2017.
■
[FR Doc. 2017–22123 Filed 10–12–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0436; FRL–9969–36–
Region 4]
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Air Plan Approval; AL; VOC Definitions
and Particulate Emissions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve changes to the Alabama State
SUMMARY:
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Implementation Plan (SIP) to revise the
definition of ‘‘volatile organic
compounds’’ (VOCs), correct a
typographical error, and remove control
of particulate emissions and opacity
limits for Talladega County. EPA is
approving the SIP revisions submitted
by the State of Alabama, through the
Alabama Department of Environmental
Management (ADEM), on May 19, 2017.
This action is being taken pursuant to
the Clean Air Act (CAA or Act).
DATES: This rule is effective November
13, 2017.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2017–0436. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
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. What action is the Agency taking?
In this rulemaking, EPA is approving
changes to the Alabama SIP, submitted
by the State on May 19, 2017. The
submission revises ADEM Rule 335–3–
1–.02—Definitions and Rule 335–3–4–
.08—Wood Waste Boilers. Specifically,
this rulemaking revises the definition of
VOCs, corrects a typographical error and
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47631
removes particulate emission and
opacity limits for Talladega County.
II. Background
On August 16, 2017 (82 FR 38865),
EPA proposed to approve the
aforementioned changes, among others,
to the SIP. This proposed rule
accompanied a direct final rule
published on the same day in the
Federal Register (82 FR 38841). EPA
received an adverse comment on the
direct final rulemaking only on the
changes made to Rule 335–3–1–.02 and
Rule 335–3–4–.08. Accordingly, EPA is
withdrawing the direct final action
through a separate action published
elsewhere in this issue of the Federal
Register and is taking final action on the
changes to Rule 335–3–1–.02 and Rule
335–3–4–.08 in this final rule.
A. Rule 335–3–1–.02—Definitions
On November 29, 2004, and August 1,
2016, EPA issued final rules revising the
definition of VOCs by adding new
compounds (tertiary butyl acetate (or tButyl acetate) and 1,1,2,2-Tetrafluoro-1(2,2,2-trifluoroethoxyl) ethane) to the
list of those that are considered to be
negligibly reactive compounds, and on
February 25, 2016 (81 FR 9339), EPA
issued a final rule removing
recordkeeping, emissions reporting,
photochemical dispersion modeling,
and inventory requirements for t-Butyl
acetate. The State’s May 19, 2017, SIP
revision adds these compounds to the
list of negligibly reactive compounds
under ADEM Rule 335–3–1–.02 subpart
(gggg). The SIP revision also removes
the recordkeeping, emissions reporting,
photochemical dispersion modeling,
and inventory requirements requirement
for t-Butyl acetate. Additionally, the
submittal makes a typographical
correction under subpart (gggg)(iii). EPA
proposes to approve these revisions
because they are consistent with the
definition of VOC at 40 CFR 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 they reflect
changes to Federal regulations based on
findings that the exempted compounds
are negligibly reactive. The
typographical error correction makes
ministerial changes for consistency.
B. Rule 335–3–4–.08—Wood Waste
Boilers
Rule 335–3–4–.08—Wood Waste
Boilers was adopted into the Alabama
SIP on April 23, 1974 (39 FR 14338), to
provide emission limits based on
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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.
stated that EPA should maintain the
recordkeeping and reporting provisions
‘‘to determine whether states are
causing deformations or brain injuries
in nearby communities.’’ The
Commenter also stated EPA should not
remove wood burning rules.
Response: The State is merely
updating the SIP to align with EPA’s
past rulemakings and reflect the
definitions in 40 CFR 51.100(s). EPA
issued a final rulemaking on November
29, 2004 (69 FR 69298) that revised the
definition of VOC to exclude TBAC as
a negligibly reactive compound.
Additionally, EPA issued a final rule on
February 25, 2016 (81 FR 9339), that
removed TBAC recordkeeping,
emissions reporting, photochemical
dispersion modeling, and inventory
requirements for TBAC. EPA
acknowledges the comments regarding
the health risks associated with TBAC
and is continuing to take steps to assess
potential risks associated with this
compound. In the 2016 EPA rule, EPA
discussed the efforts surrounding any
future determinations about the health
risks associated with TBAC, including
noting that data collected through the
recordkeeping and reporting
requirements did not appear relevant to
any such future determinations and that
EPA was assessing the health risks from
TBAC through its Integrated Risk
Information System. This effort is ongoing, and we refer the Commenter to
EPA’s previous 2016 rulemaking (81 FR
9339, 9341) for more information
regarding health risks.
The State removes Rule 335–3–4–.08
paragraph 3, particulate matter
emissions limit for wood waste boilers
applicable only to Talladega County
because such sources no longer operate
in the County. If such a source were to
begin operating in the future, it would
be subject to more stringent
requirements under Rule 335–3–4–.08
paragraph 2, applicable statewide.
Therefore, the Commenter’s statement
that such sources should be subject to
tighter requirements is true, and EPA
has determined that any new source
would be subjected to tighter emissions
limits, currently approved in the SIP.
III. Response to Comments
Comment: EPA received one adverse
comment on the direct final rule
published on August 16, 2017 (82 FR
38841), and this comment has been
included in the Docket for this action.
The Commenter stated that EPA should
not remove t-Butyl acetate (TBAC) from
the list of ‘‘volatile organic compounds
because ‘‘this compound is particularly
dangerous and can cause deformations
and brain injuries.’’ The Commenter
IV. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of Rule 335–3–1–.02—
Definitions and Rule 335–3–4–.08—
Wood Waste Boilers, effective June 9,
2017. EPA has made, and will continue
to make, these materials generally
available through www.regulations.gov
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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). Therefore, these materials
have been approved by EPA for
inclusion in the SIP, have been
incorporated by reference by EPA into
that plan, are fully federally-enforceable
under sections 110 and 113 of the CAA
as of the effective date of the final
rulemaking of EPA’s approval, and will
be incorporated by reference by the
Director of the Federal Register in the
next update to the SIP compilation.1
V. Final Action
EPA is taking final action to approve
portions of Alabama’s May 19, 2017,
submission submitted by the State of
Alabama through ADEM. The
submission revises Rule 335–3–1–.02—
Definitions and Rule 335–3–4–.08—
Wood Waste Boilers.
VI. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. This action merely approves
state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Public Law 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
1 62
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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 December 12, 2017. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: September 29, 2017.
Onis ‘‘Trey’’ Glenn, III,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
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
*
Identification of plan.
*
*
(c) * * *
*
*
EPA APPROVED ALABAMA REGULATIONS
State citation
State
effective
date
Title/subject
Chapter No. 335–3–1
*
*
Section 335–3–1-.02 ...................
*
*
Definitions ....................................
*
*
*
*
*
*
*
*
6/9/2017
*
10/13/2017; [Insert
publication].
*
citation
*
*
*
*
6/9/2017
*
*
10/13/2017; [Insert
publication].
*
citation
*
*
*
[FR Doc. 2017–22099 Filed 10–12–17; 8:45 am]
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*
of
*
Control of Particulate Emissions
*
Wood Waste Boilers ....................
*
Explanation
General Provision
*
Chapter 335–3–4
*
*
Section 335–3–4-.08 ...................
EPA approval date
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Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0388; FRL–9969–31–
Region 4]
Air Plan Approval: South Carolina;
Standards for Volatile Organic
Compounds and Oxides of Nitrogen
Environmental Protection
Agency (EPA).
ACTION: Withdrawal of direct final rule.
AGENCY:
Due to the receipt of an
adverse comment, the Environmental
Protection Agency (EPA) is withdrawing
a portion of the August 16, 2017, direct
final rule that approves changes to
South Carolina’s state implementation
plan (SIP) related to the regulation of
volatile organic compounds (VOC) and
oxides of nitrogen (NOX). EPA will
address the comment in a separate final
action based upon the proposed
rulemaking action, also published on
August 16, 2017. EPA will not institute
a second comment period on this action.
DATES: The amendment to 40 CFR
52.2120(c) at Regulation 62.5, Standard
No. 5.2 (amendatory instruction 2.b)
published at 82 FR 38828, on August 16,
2017, is withdrawn, effective October
13, 2017.
FOR FURTHER INFORMATION CONTACT:
D. Brad Akers, 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. Akers
can be reached via telephone at (404)
562–9089 or via electronic mail at
akers.brad@epa.gov.
SUPPLEMENTARY INFORMATION: On August
16, 2017 (82 FR 38825), EPA published
a direct final rule approving portions of
several SIP revisions submitted by the
State of South Carolina, through the
South Carolina Department of Health
and Environmental Control, on October
1, 2007, June 17, 2013, and January 20,
2016. EPA took a direct final action to
approve portions of the October 1, 2007,
June 17, 2013, and January 20, 2016,
submissions that made changes to
Regulation 61–62.5, Standard No. 5—
‘‘Volatile Organic Compounds,’’ and
Regulation 61–62.5, Standard No. 5.2—
‘‘Control of Oxides of Nitrogen (NOX).’’
In the direct final rule, EPA explained
that the Agency was publishing the rule
without prior proposal because the
Agency viewed the submittal as a noncontroversial SIP amendment and
anticipated no adverse comments.
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SUMMARY:
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Further, EPA explained that the Agency
was publishing a separate document in
the proposed rules section of the
Federal Register to serve as the proposal
to approve the SIP revisions should an
adverse comment be filed. EPA also
noted that the rule would be effective
generally 30 days after the close of the
public comment period, without further
notice unless the Agency received
adverse comment by the close of the
public comment period. EPA explained
that if the Agency received such
comments, then EPA would publish a
document withdrawing the final rule
and informing the public that the rule
would not take effect. EPA specified,
however, that if a comment were
received on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment. It was also explained that all
public comments received would then
be addressed in a subsequent final rule
based on the proposed rule, and that
EPA would not institute a second
comment period on this action.
EPA received one adverse comment
from a single Commenter on the portion
of the direct finale rule that made
changes to Regulation 61–62.5, Standard
No. 5.2 only. As a result of the comment
received, EPA is withdrawing only the
portion of the direct final rule approving
changes to the South Carolina SIP at
Regulation 61–62.5, Standard No. 5.2, as
submitted in the October 1, 2007, SIP
revision. The EPA will address the
comment in a separate final action
based on the proposed action also
published on August 16, 2017 (82 FR
38865). EPA will not open a second
comment period for this action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Volatile
organic compounds.
Dated: September 29, 2017.
Onis ‘‘Trey’’ Glenn, III,
Regional Administrator, Region 4.
Accordingly, the amendments to 40
CFR 52.2120(c) at Regulation 62.5,
Standard No. 5.2 (amendatory
instruction 2.b) published on August 16,
2017 (82 FR 38825), which were to
become effective October 16, 2017, are
withdrawn.
■
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2007–0085; FRL–9969–33–
Region 4]
Air Plan Approval; North Carolina; Air
Curtain Burners
Environmental Protection
Agency (EPA).
ACTION: Withdrawal of direct final rule.
AGENCY:
Due to receipt of an adverse
comment, the Environmental Protection
Agency (EPA) is withdrawing the
August 17, 2017, direct final rule that
approves portions of North Carolina
State Implementation Plan (SIP)
revisions related to changes to an air
curtain burner regulation. EPA stated in
the direct final rules that if EPA
received adverse comments by the close
of the public comment period, the rules
would be withdrawn and not take effect.
EPA will address the comment in a
subsequent final action based upon the
proposed rulemaking action, also
published on August 17, 2017.
DATES: The direct final rule published
August 17, 2017 at 82 FR 39027 is
withdrawn, effective October 13, 2017.
FOR FURTHER INFORMATION CONTACT:
Nacosta C. Ward, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Ms. Ward
can be reached via telephone at (404)
562–9140, or via electronic mail at
ward.nacosta@epa.gov.
SUPPLEMENTARY INFORMATION: On August
17, 2017 (82 FR 39027), EPA published
a direct final rulemaking approving
portions of SIP revisions submitted by
State of North Carolina through the
North Carolina Department of
Environmental Quality (formerly the
North Carolina Department of
Environment and Natural Resources),
Division of Air Quality. Specifically,
EPA took direct final action to approve
portions of North Carolina’s October 14,
2004, March 24, 2006, and January 31,
2008 submissions that make changes to
Regulation 15A NCAC Subchapter 2D—
Air Pollution Control Requirements,
Section .1904, Air Curtain Burners.
These SIP revisions were submitted to
make changes to the requirements for
permits obtained for air curtain burners
as defined by 40 CFR 60.2245 through
60.2265, permanent burning sites or
materials transported from burning site
to burning site; make clarifications to
SUMMARY:
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[Federal Register Volume 82, Number 197 (Friday, October 13, 2017)]
[Rules and Regulations]
[Pages 47631-47634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22099]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0436; FRL-9969-36-Region 4]
Air Plan Approval; AL; VOC Definitions and Particulate Emissions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve changes to the Alabama State Implementation Plan
(SIP) to revise the definition of ``volatile organic compounds''
(VOCs), correct a typographical error, and remove control of
particulate emissions and opacity limits for Talladega County. EPA is
approving the SIP revisions submitted by the State of Alabama, through
the Alabama Department of Environmental Management (ADEM), on May 19,
2017. This action is being taken pursuant to the Clean Air Act (CAA or
Act).
DATES: This rule is effective November 13, 2017.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2017-0436. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
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. What action is the Agency taking?
In this rulemaking, EPA is approving changes to the Alabama SIP,
submitted by the State on May 19, 2017. The submission revises ADEM
Rule 335-3-1-.02--Definitions and Rule 335-3-4-.08--Wood Waste Boilers.
Specifically, this rulemaking revises the definition of VOCs, corrects
a typographical error and removes particulate emission and opacity
limits for Talladega County.
II. Background
On August 16, 2017 (82 FR 38865), EPA proposed to approve the
aforementioned changes, among others, to the SIP. This proposed rule
accompanied a direct final rule published on the same day in the
Federal Register (82 FR 38841). EPA received an adverse comment on the
direct final rulemaking only on the changes made to Rule 335-3-1-.02
and Rule 335-3-4-.08. Accordingly, EPA is withdrawing the direct final
action through a separate action published elsewhere in this issue of
the Federal Register and is taking final action on the changes to Rule
335-3-1-.02 and Rule 335-3-4-.08 in this final rule.
A. Rule 335-3-1-.02--Definitions
On November 29, 2004, and August 1, 2016, EPA issued final rules
revising the definition of VOCs by adding new compounds (tertiary butyl
acetate (or t-Butyl acetate) and 1,1,2,2-Tetrafluoro-1-(2,2,2-
trifluoroethoxyl) ethane) to the list of those that are considered to
be negligibly reactive compounds, and on February 25, 2016 (81 FR
9339), EPA issued a final rule removing recordkeeping, emissions
reporting, photochemical dispersion modeling, and inventory
requirements for t-Butyl acetate. The State's May 19, 2017, SIP
revision adds these compounds to the list of negligibly reactive
compounds under ADEM Rule 335-3-1-.02 subpart (gggg). The SIP revision
also removes the recordkeeping, emissions reporting, photochemical
dispersion modeling, and inventory requirements requirement for t-Butyl
acetate. Additionally, the submittal makes a typographical correction
under subpart (gggg)(iii). EPA proposes to approve these revisions
because they are consistent with the definition of VOC at 40 CFR
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 they reflect changes to Federal
regulations based on findings that the exempted compounds are
negligibly reactive. The typographical error correction makes
ministerial changes for consistency.
B. Rule 335-3-4-.08--Wood Waste Boilers
Rule 335-3-4-.08--Wood Waste Boilers was adopted into the Alabama
SIP on April 23, 1974 (39 FR 14338), to provide emission limits based
on
[[Page 47632]]
available control technologies and included a 0.30 grain per dry
standard cubic foot (gr/dscf) emissions limit for boilers burning a
combination of wood waste and fossil fuels. On November 24, 1981 (46 FR
57484), EPA finalized a SIP revision allowing pulp mills to operate
boilers that burn only wood waste in Talladega County. This change
allowed a particulate matter emissions concentration of 0.45 gr/dscf
when burning wood waste alone (but total emissions would remain the
same provided boilers operate on a reduced rate). On July 11, 1986 (51
FR 25198), EPA approved a revision adding a new paragraph 3 at Rule
335-3-4-.08 that relaxed the allowable emission limit to 0.60 gr/dscf
for wood waste boiler sources that operate up to 300 million British
thermal unit per hour and tightened allowable emissions for other types
of sources in Talladega County. Compliance with the emission limit was
determined by an annual stack test. Additionally, an opacity limit of
76 percent was established and would be measured by a transmissometer.
The May 19, 2017, SIP revision removes paragraph 3, applicable only
to sources in Talladega County, because the type of source no longer
exists in the County or anywhere else in the State. Moreover, if such a
source were to begin operating in the future, it would be subject to
more stringent requirements under Rule 335-3-4-.08 paragraph 2.
EPA believes that these changes to the regulatory portion of the
SIP are consistent with section 110 of the CAA and meet the regulatory
requirements pertaining to SIPs. Pursuant to CAA section 110(l), the
Administrator shall not approve a revision of a plan if the revision
would interfere with any applicable requirement concerning attainment
and reasonable further progress (as defined in CAA section 171), or any
other applicable requirement of the Act. The State's removal of
emissions and opacity requirements for Talladega County is an
approvable change under section 110(l) because, should these sources
start operating, they would fall under more stringent rules in the SIP.
III. Response to Comments
Comment: EPA received one adverse comment on the direct final rule
published on August 16, 2017 (82 FR 38841), and this comment has been
included in the Docket for this action. The Commenter stated that EPA
should not remove t-Butyl acetate (TBAC) from the list of ``volatile
organic compounds because ``this compound is particularly dangerous and
can cause deformations and brain injuries.'' The Commenter stated that
EPA should maintain the recordkeeping and reporting provisions ``to
determine whether states are causing deformations or brain injuries in
nearby communities.'' The Commenter also stated EPA should not remove
wood burning rules.
Response: The State is merely updating the SIP to align with EPA's
past rulemakings and reflect the definitions in 40 CFR 51.100(s). EPA
issued a final rulemaking on November 29, 2004 (69 FR 69298) that
revised the definition of VOC to exclude TBAC as a negligibly reactive
compound. Additionally, EPA issued a final rule on February 25, 2016
(81 FR 9339), that removed TBAC recordkeeping, emissions reporting,
photochemical dispersion modeling, and inventory requirements for TBAC.
EPA acknowledges the comments regarding the health risks associated
with TBAC and is continuing to take steps to assess potential risks
associated with this compound. In the 2016 EPA rule, EPA discussed the
efforts surrounding any future determinations about the health risks
associated with TBAC, including noting that data collected through the
recordkeeping and reporting requirements did not appear relevant to any
such future determinations and that EPA was assessing the health risks
from TBAC through its Integrated Risk Information System. This effort
is on-going, and we refer the Commenter to EPA's previous 2016
rulemaking (81 FR 9339, 9341) for more information regarding health
risks.
The State removes Rule 335-3-4-.08 paragraph 3, particulate matter
emissions limit for wood waste boilers applicable only to Talladega
County because such sources no longer operate in the County. If such a
source were to begin operating in the future, it would be subject to
more stringent requirements under Rule 335-3-4-.08 paragraph 2,
applicable statewide. Therefore, the Commenter's statement that such
sources should be subject to tighter requirements is true, and EPA has
determined that any new source would be subjected to tighter emissions
limits, currently approved in the SIP.
IV. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of Rule 335-3-
1-.02--Definitions and Rule 335-3-4-.08--Wood Waste Boilers, effective
June 9, 2017. EPA has made, and will continue to make, these materials
generally available through www.regulations.gov and/or at the EPA
Region 4 Office (please contact the person identified in the ``For
Further Information Contact'' section of this preamble for more
information). Therefore, these materials have been approved by EPA for
inclusion in the SIP, have been incorporated by reference by EPA into
that plan, are fully federally-enforceable under sections 110 and 113
of the CAA as of the effective date of the final rulemaking of EPA's
approval, and will be incorporated by reference by the Director of the
Federal Register in the next update to the SIP compilation.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
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V. Final Action
EPA is taking final action to approve portions of Alabama's May 19,
2017, submission submitted by the State of Alabama through ADEM. The
submission revises Rule 335-3-1-.02--Definitions and Rule 335-3-4-.08--
Wood Waste Boilers.
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or
[[Page 47633]]
safety risks subject to Executive Order 13045 (62 FR 19885, April 23,
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 December 12, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: September 29, 2017.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
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
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
Chapter No. 335-3-1 General Provision
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 335-3-1-.02............ Definitions...... 6/9/2017 10/13/2017; ............................
[Insert citation
of publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 335-3-4 Control of Particulate Emissions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 335-3-4-.08............ Wood Waste 6/9/2017 10/13/2017; ............................
Boilers. [Insert citation
of publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2017-22099 Filed 10-12-17; 8:45 am]
BILLING CODE 6560-50-P
