Air Plan Approval; Alabama: Air Quality Control, VOC Definition, 59192-59194 [2020-18107]
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59192
Federal Register / Vol. 85, No. 183 / Monday, September 21, 2020 / Rules and Regulations
(b) * * *
(2) VA has received from the training
establishment a certification of hours
worked. Generally, this certification will
be required monthly, resulting in
monthly payments.
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(Approved by the Office of Management and
Budget under control numbers 2900–0178
and 2900–0465)
(Authority: 38 U.S.C. 3680(c), 3680(g), 3689)
5. The authority citation for part 21,
Subpart K continues to read as follows:
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Authority: 38 U.S.C. 501(a), chs. 30, 36,
and as noted in specific sections.
6. Amend § 21.7140 by:
a. Revising paragraph (c)(2)(ii).
b. Adding an authority citation for
paragraph (c)(2).
■ c. Revising the information collection
approval parenthetical at the end of the
section.
The revisions and addition read as
follows:
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§ 21.7140 Certifications and release of
payments.
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(2) * * *
(ii) VA has received from the training
establishment a certification of hours
worked.
(Authority: 38 U.S.C. 3034, 3680(g))
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(The Office of Management and Budget has
approved the information collection
provisions in this section under control
numbers 2900–0178, 2900–0695, and 2900–
0698)
Subpart L—Educational Assistance for
Members of the Selected Reserve
7. The authority citation for part 21,
Subpart L continues to read as follows:
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Authority: 10 U.S.C. ch. 1606; 38 U.S.C.
501(a), 512, ch. 36, and as noted in specific
sections.
8. Amend § 21.7640 by:
a. Revising paragraph (a)(3)(ii).
b. Revising the information collection
approval parenthetical at the end of the
section.
The revisions read as follows:
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§ 21.7640
Release of payments.
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(ii) VA has received certification by
the training establishment of the
reservist’s hours worked.
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[FR Doc. 2020–17844 Filed 9–18–20; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2020–0170; FRL–10013–
41–Region 4]
Subpart K—All Volunteer Force
Educational Assistance Program
(Montgomery GI Bill—Active Duty)
*
(Approved by the Office of Management and
Budget under control numbers 2900–0073
and 2900–0178)
Air Plan Approval; Alabama: Air
Quality Control, VOC Definition
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of Alabama,
through the Alabama Department of
Environmental Management (ADEM), in
a letter dated February 27, 2020. The
revision modifies the State’s air quality
regulations as incorporated into the SIP
by changing the definition of ‘‘volatile
organic compounds’’ (VOC) to be
consistent with federal regulations. EPA
is approving this SIP revision because
the State has demonstrated that these
changes are consistent with the Clean
Air Act (CAA or Act).
DATES: This rule is effective October 21,
2020.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2020–0170. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information may not be 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 can
either be retrieved electronically via
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation 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.
SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Sarah LaRocca, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
Ms. LaRocca can be reached via
telephone at (404) 562–8994 or via
electronic mail at larocca.sarah@
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
implement rules to limit the amount of
certain VOC and NOX that can be
released into the atmosphere. VOC 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.
EPA determines whether a given
carbon compound has ‘‘negligible’’
reactivity by comparing the compound’s
reactivity to the reactivity of ethane. It
is EPA’s policy that compounds of
carbon with negligible reactivity be
excluded from the regulatory definition
of VOC. See 42 FR 35314 (July 8, 1977),
70 FR 54046 (September 13, 2005). 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.
II. Analysis of State Submission
EPA is approving the change to the
Alabama SIP submitted by the State of
Alabama through a letter dated February
27, 2020,1 that revises the definition of
‘‘Volatile Organic Compounds (VOC)’’ at
subparagraph (gggg) of Rule 335–3–1–
.02—‘‘Definitions’’ by adding cis1,1,1,4,4,4—hexafluorobut-2-ene (HFO1336mzz-Z) to the list of organic
compounds having negligible
photochemical reactivity.2 Alabama
submitted this SIP revision in response
to EPA adding cis-1,1,1,4,4,41 EPA received Alabama’s SIP revision on March
5, 2020.
2 On February 27, 2020, Alabama submitted other
SIP revisions which will be addressed in separate
actions.
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Federal Register / Vol. 85, No. 183 / Monday, September 21, 2020 / Rules and Regulations
hexafluorobut-2-ene to the exclusion list
at 40 CFR 51.100(s). See 83 FR 61127
(January 28, 2019). EPA finds that this
change to the SIP will not interfere with
attainment or maintenance of any
national ambient air quality standard,
reasonable further progress, or any other
applicable requirement of the CAA,
consistent with CAA section 110(l),
because EPA has found this chemical to
be negligibly reactive.
In a notice of proposed rulemaking
(NPRM) published on June 8, 2020 (85
FR 35035), EPA proposed to approve
Alabama’s SIP submission provided on
February 27, 2020. The June 8, 2020,
NPRM provides additional detail
regarding the background and rationale
for EPA’s action. Comments on the June
8, 2020, NPRM were due on or before
July 8, 2020. EPA received no comments
on the June 8, 2020, NPRM.
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 Rule 335–3–1–
.02—‘‘Definitions,’’ Subparagraph
(gggg)—‘‘Volatile Organic Compounds
(VOC),’’ state-effective April 13, 2020, to
revise this definition by adding cis1,1,1,4,4,4—hexafluorobut-2-ene (HFO1336mzz-Z) to the list of organic
compounds having negligible
photochemical activity. EPA has made,
and will continue to make, these
materials generally available through
www.regulations.gov and 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
State implementation plan, 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 in the next
update to the SIP compilation.3
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IV. Final Action
EPA is approving Alabama’s February
27, 2020, SIP submission, which revises
the definition of ‘‘volatile organic
compound’’ at subparagraph (gggg) of
Rule 335–3–1–.02—‘‘Definitions’’ by
adding cis-1,1,1,4,4,4—hexafluorobut-2ene (HFO-1336mzz-Z) to the list of
organic compounds having negligible
photochemical reactivity.
3 See
62 FR 27968 (May 22, 1997).
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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. 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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• 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
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59193
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 20, 2020. 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,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: August 12, 2020.
Mary Walker,
Regional Administrator, Region 4.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
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Authority: 42 U.S.C. 7401 et seq.
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59194
Federal Register / Vol. 85, No. 183 / Monday, September 21, 2020 / Rules and Regulations
‘‘Section 335–3–1–.02’’ under‘‘Chapter
No. 335–3–1 General Provision’’ to read
as follows:
Subpart B—Alabama
2. In § 52.50 amend the table in
paragraph (c) by revising the entry for
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§ 52.50
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Identification of plan.
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(c) * * *
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EPA-APPROVED ALABAMA REGULATIONS
State citation
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Section 335–3–1–.02 ........
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State effective
date
Title/subject
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Definitions ...
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2018–0856; FRL–10014–
08–Region 6]
Air Plan Approval; New Mexico; Repeal
of State Regulations for Particulate
Matter for Lime Manufacturing Plants
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is approving a New Mexico State
Implementation Plan (SIP) revision for
the repeal of State regulations titled
20.2.20 NMAC (Title 20: Environmental
Protection, Chapter 2: Air Quality
(Statewide), Part 20: Lime
Manufacturing Plants—Particulate
Matter of the New Mexico
Administrative Code) that cover
particulate matter emission standards
for lime manufacturing plants and lime
hydrators in the State of New Mexico.
The EPA is approving the repeal of the
regulations based on the CAA section
110(l) demonstration contained in the
New Mexico submittal, which provides
that the SIP revision will not interfere
with attainment and maintenance of the
national ambient air quality standards
(NAAQS) or any other CAA
requirement.
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SUMMARY:
This rule is effective on October
21, 2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
DATES:
VerDate Sep<11>2014
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Chapter No. 335–3–1
General Provision
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9/21/2020, [Insert citation of publication].
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[FR Doc. 2020–18107 Filed 9–18–20; 8:45 am]
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Explanation
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4/13/2020
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EPA approval date
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No. EPA–R06–OAR–2018–0856. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., 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. Publicly available docket
materials are available electronically
through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Ms.
Karolina Ruan Lei, EPA Region 6, Air
and Radiation Division, (214) 665–7346,
ruan-lei.karolina@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
The background for this action is
discussed in detail in our July 8, 2020,
proposal (85 FR 40951). In that
document, we proposed to approve the
New Mexico SIP revision submitted on
February 13, 2019, that would repeal
20.2.20 NMAC. We proposed to approve
the repeal of the regulation based on the
CAA section 110(l) demonstration
contained in the New Mexico submittal,
which provides that the SIP revision
will not interfere with attainment and
maintenance of the NAAQS or any other
CAA requirement.
II. Response to Comments
We received one anonymous public
comment on our proposal. The public
comment supported more stringent
requirements, even if not technically
required, in order to protect the
environment. We appreciate the public
comment. Our action to approve New
Mexico’s submission, which includes
repealing the New Mexico regulations at
20.2.20 NMAC and the accompanying
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non-interference demonstration, is
protective of the NAAQS and does not
interfere with any applicable CAA
requirement as is required by CAA
section 110(l). Section 110(l) of the CAA
provides that ‘‘. . . 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 CAA].’’
In addition, a state can be more
stringent than the CAA requirements. If
a SIP submittal meets the CAA’s
requirements, however, the EPA must
approve it. This is made clear in CAA
section 110(k)(3), which states the
Administrator shall approve such
submittal as a whole if it meets all of the
applicable requirements. Thus, the EPA
must approve SIP submittals that meet
the CAA’s requirements. We note that
the commenter did not indicate reason
that the SIP revision did not comply
with the CAA.
As mentioned in the previous section,
our reasoning and basis for our approval
of the repeal of 20.2.20 NMAC are
described in detail in our proposed
rulemaking (85 FR 40951, July 8, 2020)
and the accompanying Technical
Support Document for that rulemaking,
found in Docket ID No. EPA–R06–OAR–
2018–0856. The summary of our
findings in our proposal is as follows.
After evaluating the State’s submittal,
we found that the removal of 20.2.20
NMAC from the New Mexico SIP will
not interfere with any applicable
requirement concerning attainment and
maintenance of the NAAQS as well as
reasonable further progress, or any other
applicable requirement of the CAA. We
base our finding on the following:
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]]>Agencies
[Federal Register Volume 85, Number 183 (Monday, September 21, 2020)]
[Rules and Regulations]
[Pages 59192-59194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18107]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2020-0170; FRL-10013-41-Region 4]
Air Plan Approval; Alabama: Air Quality Control, VOC Definition
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Alabama,
through the Alabama Department of Environmental Management (ADEM), in a
letter dated February 27, 2020. The revision modifies the State's air
quality regulations as incorporated into the SIP by changing the
definition of ``volatile organic compounds'' (VOC) to be consistent
with federal regulations. EPA is approving this SIP revision because
the State has demonstrated that these changes are consistent with the
Clean Air Act (CAA or Act).
DATES: This rule is effective October 21, 2020.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2020-0170. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information may not be 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 can either
be retrieved electronically via www.regulations.gov or in hard copy at
the Air Regulatory Management Section, Air Planning and Implementation
Branch, Air and Radiation 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: Sarah LaRocca, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. Ms. LaRocca can be
reached via telephone at (404) 562-8994 or via electronic mail at
[email protected].
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 implement rules to limit the amount of
certain VOC and NOX that can be released into the
atmosphere. VOC 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.
EPA determines whether a given carbon compound has ``negligible''
reactivity by comparing the compound's reactivity to the reactivity of
ethane. It is EPA's policy that compounds of carbon with negligible
reactivity be excluded from the regulatory definition of VOC. See 42 FR
35314 (July 8, 1977), 70 FR 54046 (September 13, 2005). 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.
II. Analysis of State Submission
EPA is approving the change to the Alabama SIP submitted by the
State of Alabama through a letter dated February 27, 2020,\1\ that
revises the definition of ``Volatile Organic Compounds (VOC)'' at
subparagraph (gggg) of Rule 335-3-1-.02--``Definitions'' by adding cis-
1,1,1,4,4,4--hexafluorobut-2-ene (HFO-1336mzz-Z) to the list of organic
compounds having negligible photochemical reactivity.\2\ Alabama
submitted this SIP revision in response to EPA adding cis-1,1,1,4,4,4-
[[Page 59193]]
hexafluorobut-2-ene to the exclusion list at 40 CFR 51.100(s). See 83
FR 61127 (January 28, 2019). EPA finds that this change to the SIP will
not interfere with attainment or maintenance of any national ambient
air quality standard, reasonable further progress, or any other
applicable requirement of the CAA, consistent with CAA section 110(l),
because EPA has found this chemical to be negligibly reactive.
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\1\ EPA received Alabama's SIP revision on March 5, 2020.
\2\ On February 27, 2020, Alabama submitted other SIP revisions
which will be addressed in separate actions.
---------------------------------------------------------------------------
In a notice of proposed rulemaking (NPRM) published on June 8, 2020
(85 FR 35035), EPA proposed to approve Alabama's SIP submission
provided on February 27, 2020. The June 8, 2020, NPRM provides
additional detail regarding the background and rationale for EPA's
action. Comments on the June 8, 2020, NPRM were due on or before July
8, 2020. EPA received no comments on the June 8, 2020, NPRM.
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 Rule
335-3-1-.02--``Definitions,'' Subparagraph (gggg)--``Volatile Organic
Compounds (VOC),'' state-effective April 13, 2020, to revise this
definition by adding cis-1,1,1,4,4,4--hexafluorobut-2-ene (HFO-1336mzz-
Z) to the list of organic compounds having negligible photochemical
activity. EPA has made, and will continue to make, these materials
generally available through www.regulations.gov and 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 State implementation plan, 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 in the next
update to the SIP compilation.\3\
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\3\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action
EPA is approving Alabama's February 27, 2020, SIP submission, which
revises the definition of ``volatile organic compound'' at subparagraph
(gggg) of Rule 335-3-1-.02--``Definitions'' by adding cis-1,1,1,4,4,4--
hexafluorobut-2-ene (HFO-1336mzz-Z) to the list of organic compounds
having negligible photochemical reactivity.
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. 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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 20, 2020. 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, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: August 12, 2020.
Mary Walker,
Regional Administrator, Region 4.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 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.
[[Page 59194]]
Subpart B--Alabama
0
2. In Sec. 52.50 amend the table in paragraph (c) by revising the
entry for ``Section 335-3-1-.02'' under``Chapter No. 335-3-1 General
Provision'' to read as follows:
Sec. 52.50 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Alabama Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter No. 335-3-1 General Provision
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 335-3-1-.02.............. Definitions........ 4/13/2020 9/21/2020, [Insert
citation of
publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2020-18107 Filed 9-18-20; 8:45 am]
BILLING CODE 6560-50-P
