81_FR_50045 81 FR 49899 - Air Plan Approval; Alabama: Volatile Organic Compounds

81 FR 49899 - Air Plan Approval; Alabama: Volatile Organic Compounds

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 146 (July 29, 2016)

Page Range49899-49901
FR Document2016-17815

The Environmental Protection Agency (EPA) is approving a revision to the Alabama State Implementation Plan (SIP) submitted by the Alabama Department of Environmental Management (ADEM) on October 26, 2015. The revision modifies the definition of ``volatile organic compounds'' (VOC). Specifically, the revision adds three compounds to the list of those excluded from the VOC definition on the basis that these compounds make a negligible contribution to tropospheric ozone formation. This action is being taken pursuant to the Clean Air Act (CAA or Act).

Federal Register, Volume 81 Issue 146 (Friday, July 29, 2016)
[Federal Register Volume 81, Number 146 (Friday, July 29, 2016)]
[Rules and Regulations]
[Pages 49899-49901]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17815]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2016-0129; FRL-9949-65-Region 4]


Air Plan Approval; Alabama: Volatile Organic Compounds

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the Alabama State Implementation Plan (SIP) submitted by 
the Alabama Department of Environmental Management (ADEM) on October 
26, 2015. The revision modifies the definition of ``volatile organic 
compounds'' (VOC). Specifically, the revision adds three compounds to 
the list of those excluded from the VOC definition on the basis that 
these compounds make a negligible contribution to tropospheric ozone 
formation. This action is being taken pursuant to the Clean Air Act 
(CAA or Act).

DATES: This direct final rule is effective September 27, 2016 without 
further notice, unless EPA receives adverse comment by August 29, 2016. 
If EPA receives such comments, it will publish a timely withdrawal of 
the direct final rule in the Federal Register and inform the public 
that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2016-0129 at http://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 http://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 also 
be reached 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 limit the amount of VOCs and NOX 
that can be released into the atmosphere. VOC are those compounds of 
carbon (excluding carbon monoxide, carbon dioxide, carbonic acid, 
metallic carbides or carbonates, and ammonium carbonate) that form 
ozone through atmospheric photochemical reactions. Compounds of carbon 
(or organic compounds) have different levels of reactivity; they do not 
react at the same speed or do not form ozone to the same extent.
    Section 302(s) of the CAA specifies that EPA has the authority to 
define the meaning of ``VOC,'' and hence what compounds shall be 
treated as VOC for regulatory purposes. It has been EPA's policy that 
compounds of carbon with negligible reactivity need not be regulated to 
reduce ozone and should be excluded from the regulatory definition of 
VOC. See 42 FR 35314 (July 8, 1977), 70 FR 54046 (September 13, 2005). 
EPA

[[Page 49900]]

determines whether a given carbon compound has ``negligible'' 
reactivity by comparing the compound's reactivity to the reactivity of 
ethane. EPA lists these compounds in its regulations at 40 CFR 
51.100(s) and excludes them from the definition of VOC. The chemicals 
on this list are often called ``negligibly reactive.'' EPA may 
periodically revise the list of negligibly reactive compounds to add or 
delete compounds.
    EPA issued final rules approving the addition of three compounds to 
the list of those compounds excluded from the regulatory definition of 
VOC. The three compounds are: trans 1-chloro-3,3,3-trifluoroprop-1-ene 
(Solstice\TM\ 1233zd(E)), 78 FR 53029 (August 28, 2013); 2,3,3,3-
tetrafluoropropene, 78 FR 62451 (October 22, 2013); and 2-amino-2-
methyl-1-propanol (AMP), 79 FR 17037 (March 27, 2014). Alabama is 
updating its SIP to be consistent with those changes to federal 
regulations.

II. Analysis of State's Submittal

    On October 26, 2015, ADEM submitted a SIP revision \1\ to EPA for 
review and approval. The revision modifies the definition of VOC found 
at Alabama Administrative Code section 335-3-1-.02(gggg). Specifically, 
the revision adds three compounds--trans 1-chloro-3,3,3-trifluoroprop-
1-ene (Solstice\TM\ 1233zd(E)); 2,3,3,3-tetrafluoropropene; and 2-
amino-2-methyl-1-propanol (AMP)--to the list of those excluded from the 
VOC definition on the basis that each of these compounds makes a 
negligible contribution to tropospheric ozone formation.
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    \1\ Alabama's October 26, 2015, submission to EPA also included 
changes to Alabama Administrative Code Chapters 335-3-5 and 335-3-8 
to implement EPA's Cross-State Air Pollution Rule and changes to the 
State's Regional Haze Plan. EPA is not taking action on those 
changes at this time. In addition, Alabama's October 26, 2015, 
submission included changes to Chapters 335-3-10 (New Source 
Performance Standards (NSPS)) and 335-3-11 (National Emissions 
Standards for Hazardous Air Pollutants (NESHAP)). The NSPS and 
NESHAP are not part of the federally approved Alabama SIP, thus EPA 
is not taking any action regarding Chapters 335-3-10 and 335-3-11 in 
today's rulemaking.
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    These changes 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 revision to 
Rule 335-3-1-.02(gggg) is approvable under section 110(l) because it 
reflects changes to federal regulations based on findings that the 
three aforementioned compounds are negligibly reactive.

III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of Alabama 
Regulation section 335-3-1-.02 ``Definitions,'' effective November 24, 
2015, which revised the definition of VOC. Therefore, this material has 
been approved by EPA for inclusion in the State implementation plan, 
has been incorporated by reference by EPA into that plan, is fully 
federally enforceable under sections 110 and 113 of the CAA as of the 
effective date of the final rulemaking of EPA's approval, and will be 
incorporated by reference by the Director of the Federal Register in 
the next update to the SIP compilation.\2\ EPA has made, and will 
continue to make, these materials generally available through 
www.regulations.gov and/or at the EPA Region 4 Office (please contact 
the person identified in the ``For Further Information Contact'' 
section of this preamble for more information).
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    \2\ 62 FR 27968 (May 22, 1997).
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IV. Final Action

    Pursuant to section 110 of the CAA, EPA is approving the revision 
to the Alabama SIP changing the VOC definition. EPA has evaluated 
Alabama's October 26, 2015, submittal and has determined that it meets 
the applicable requirements of the CAA and EPA regulations and is 
consistent with EPA policy.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial submittal and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
adverse comments be filed. This rule will be effective September 27, 
2016 without further notice unless the Agency receives adverse comments 
by August 29, 2016.
    If EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on September 27, 2016 and 
no further action will be taken on the proposed rule.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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).

[[Page 49901]]

    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 September 27, 2016. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of 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, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: July 15, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart B--Alabama

0
2. Section 52.50(c) is amended by revising the entry for ``Section 335-
3-1-.02'' to read as follows:


Sec.  52.50  Identification of plan.

* * * * *
    (c) * * *

                                                            EPA Approved Alabama Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                State
          State citation                Title/subject      effective date             EPA approval date                         Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Chapter 335-3-1--General Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Section 335-3-1-.02...............  Definitions..........      11/24/2015  7/29/2016 [Insert Federal Register      Revised paragraph (gggg) (definition
                                                                            citation].                              of ``VOC'')
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
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* * * * *
[FR Doc. 2016-17815 Filed 7-28-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                                       Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Rules and Regulations                                         49899

                                                  allows the bridge to remain in the                       Local Notice and Broadcast Notices to                 EPA may publish any comment received
                                                  closed-to-navigation position.                           Mariners of the change in operating                   to its public docket. Do not submit
                                                  DATES: This deviation is effective                       schedule for the bridge so that vessel                electronically any information you
                                                  without actual notice from July 29, 2016                 operators can arrange their transits to               consider to be Confidential Business
                                                  through 6 a.m. on Friday, September 30,                  minimize any impact caused by the                     Information (CBI) or other information
                                                  2016. For the purposes of enforcement,                   temporary deviation.                                  whose disclosure is restricted by statute.
                                                  actual notice will be used from 8 p.m.                      In accordance with 33 CFR 117.35(e),               Multimedia submissions (audio, video,
                                                  on Monday, July 25, 2016, until July 29,                 the drawbridge must return to its regular             etc.) must be accompanied by a written
                                                  2016.                                                    operating schedule immediately at the                 comment. The written comment is
                                                  ADDRESSES: The docket for this                           end of the effective period of this                   considered the official comment and
                                                  deviation, [USCG–2016–0668] is                           temporary deviation. This deviation                   should include discussion of all points
                                                  available at http://www.regulations.gov.                 from the operating regulations is                     you wish to make. EPA will generally
                                                  Type the docket number in the                            authorized under 33 CFR 117.35.                       not consider comments or comment
                                                  ‘‘SEARCH’’ box and click ‘‘SEARCH’’.                       Dated: July 25, 2016.                               contents located outside of the primary
                                                  Click on Open Docket Folder on the line                  Hal R. Pitts,                                         submission (i.e. on the web, cloud, or
                                                  associated with this deviation.                          Bridge Program Manager, Fifth Coast Guard             other file sharing system). For
                                                  FOR FURTHER INFORMATION CONTACT: If                      District.                                             additional submission methods, the full
                                                  you have questions on this temporary                     [FR Doc. 2016–17976 Filed 7–28–16; 8:45 am]
                                                                                                                                                                 EPA public comment policy,
                                                  deviation, call or email Mr. Michael                                                                           information about CBI or multimedia
                                                                                                           BILLING CODE 9110–04–P
                                                  Thorogood, Bridge Administration                                                                               submissions, and general guidance on
                                                  Branch Fifth District, Coast Guard,                                                                            making effective comments, please visit
                                                  telephone 757–398–6557, email                                                                                  http://www2.epa.gov/dockets/
                                                                                                           ENVIRONMENTAL PROTECTION                              commenting-epa-dockets.
                                                  Michael.R.Thorogood@uscg.mil.                            AGENCY
                                                  SUPPLEMENTARY INFORMATION: The                                                                                 FOR FURTHER INFORMATION CONTACT:
                                                  Virginia Department of Transportation,                   40 CFR Part 52                                        Richard Wong, Air Regulatory
                                                  who owns and operates the SR 156/                                                                              Management Section, Air Planning and
                                                                                                           [EPA–R04–OAR–2016–0129; FRL–9949–65–                  Implementation Branch, Air, Pesticides
                                                  Benjamin Harrison Memorial Bridge                        Region 4]
                                                  across the James River, mile 65.0, at                                                                          and Toxics Management Division, U.S.
                                                  Hopewell, VA, has requested a                            Air Plan Approval; Alabama: Volatile                  Environmental Protection Agency,
                                                  temporary deviation from the current                     Organic Compounds                                     Region 4, 61 Forsyth Street SW.,
                                                  operating regulations set out in 33 CFR                                                                        Atlanta, Georgia 30303–8960. The
                                                  117.5, to facilitate replacement of the                  AGENCY: Environmental Protection                      telephone number is (404) 562–8726.
                                                  service elevators for both lift towers,                  Agency (EPA).                                         Mr. Wong can also be reached via
                                                  install new electrical wiring, bird                      ACTION: Direct final rule.                            electronic mail at wong.richard@
                                                  screens, and structural steel of the                                                                           epa.gov.
                                                                                                           SUMMARY:    The Environmental Protection
                                                  bridge. Under this temporary deviation,                  Agency (EPA) is approving a revision to               SUPPLEMENTARY INFORMATION:
                                                  the bridge will be in the closed-to-                     the Alabama State Implementation Plan
                                                  navigation position from 8 p.m. to 6                                                                           I. Background
                                                                                                           (SIP) submitted by the Alabama
                                                  a.m.; Monday through Thursday; July                                                                               Tropospheric ozone, commonly
                                                                                                           Department of Environmental
                                                  25, 2016 to July 29, 2016; August 1,                                                                           known as smog, occurs when VOC and
                                                                                                           Management (ADEM) on October 26,
                                                  2016 to August 5, 2016; September 5,                                                                           nitrogen oxides (NOX) react in the
                                                                                                           2015. The revision modifies the
                                                  2016 to September 9, 2016; September                                                                           atmosphere in the presence of sunlight.
                                                                                                           definition of ‘‘volatile organic
                                                  12, 2016 to September 16, 2016; and                                                                            Because of the harmful health effects of
                                                                                                           compounds’’ (VOC). Specifically, the
                                                  alternative dates from September 19,                                                                           ozone, EPA and state governments limit
                                                                                                           revision adds three compounds to the
                                                  2016 to September 23, 2016; and                                                                                the amount of VOCs and NOX that can
                                                                                                           list of those excluded from the VOC
                                                  September 26, 2016 to September 30,                                                                            be released into the atmosphere. VOC
                                                                                                           definition on the basis that these
                                                  2016. The bridge will open for vessels                                                                         are those compounds of carbon
                                                                                                           compounds make a negligible
                                                  on signal during scheduled closure                                                                             (excluding carbon monoxide, carbon
                                                                                                           contribution to tropospheric ozone
                                                  periods, if at least 24 hours notice is                                                                        dioxide, carbonic acid, metallic carbides
                                                                                                           formation. This action is being taken
                                                  given. The bridge is a vertical lift bridge                                                                    or carbonates, and ammonium
                                                                                                           pursuant to the Clean Air Act (CAA or
                                                  has a vertical clearance of 50 feet in the                                                                     carbonate) that form ozone through
                                                                                                           Act).
                                                  closed-to-navigation position above                                                                            atmospheric photochemical reactions.
                                                                                                           DATES: This direct final rule is effective
                                                  mean water.                                                                                                    Compounds of carbon (or organic
                                                     The James River is used by a variety                  September 27, 2016 without further                    compounds) have different levels of
                                                  of vessels including deep-draft vessels,                 notice, unless EPA receives adverse                   reactivity; they do not react at the same
                                                  tug and barge traffic, and recreational                  comment by August 29, 2016. If EPA                    speed or do not form ozone to the same
                                                  vessels. The Coast Guard has carefully                   receives such comments, it will publish               extent.
                                                  coordinated the restrictions with                        a timely withdrawal of the direct final                  Section 302(s) of the CAA specifies
                                                  waterway users in publishing this                        rule in the Federal Register and inform               that EPA has the authority to define the
                                                  temporary deviation.                                     the public that the rule will not take                meaning of ‘‘VOC,’’ and hence what
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                     Vessels able to pass through the                      effect.                                               compounds shall be treated as VOC for
                                                  bridge in the closed-to-navigation                       ADDRESSES: Submit your comments,                      regulatory purposes. It has been EPA’s
                                                  position may do so at anytime. The                       identified by Docket ID No. EPA–R04–                  policy that compounds of carbon with
                                                  bridge will be able to open for                          OAR–2016–0129 at http://                              negligible reactivity need not be
                                                  emergencies during scheduled closure                     www.regulations.gov. Follow the online                regulated to reduce ozone and should be
                                                  periods, if at least 30 minutes notice is                instructions for submitting comments.                 excluded from the regulatory definition
                                                  given. The Coast Guard will also inform                  Once submitted, comments cannot be                    of VOC. See 42 FR 35314 (July 8, 1977),
                                                  the users of the waterway through our                    edited or removed from Regulations.gov.               70 FR 54046 (September 13, 2005). EPA


                                             VerDate Sep<11>2014   17:04 Jul 28, 2016   Jkt 238001   PO 00000   Frm 00045   Fmt 4700   Sfmt 4700   E:\FR\FM\29JYR1.SGM   29JYR1


                                                  49900                Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Rules and Regulations

                                                  determines whether a given carbon                        it reflects changes to federal regulations                second comment period. Parties
                                                  compound has ‘‘negligible’’ reactivity by                based on findings that the three                          interested in commenting should do so
                                                  comparing the compound’s reactivity to                   aforementioned compounds are                              at this time. If no such comments are
                                                  the reactivity of ethane. EPA lists these                negligibly reactive.                                      received, the public is advised that this
                                                  compounds in its regulations at 40 CFR                                                                             rule will be effective on September 27,
                                                                                                           III. Incorporation by Reference
                                                  51.100(s) and excludes them from the                                                                               2016 and no further action will be taken
                                                  definition of VOC. The chemicals on                         In this rule, EPA is finalizing                        on the proposed rule.
                                                  this list are often called ‘‘negligibly                  regulatory text that includes
                                                  reactive.’’ EPA may periodically revise                  incorporation by reference. In                            V. Statutory and Executive Order
                                                  the list of negligibly reactive                          accordance with requirements of 1 CFR                     Reviews
                                                  compounds to add or delete                               51.5, EPA is finalizing the incorporation                    Under the CAA, the Administrator is
                                                  compounds.                                               by reference of Alabama Regulation                        required to approve a SIP submission
                                                     EPA issued final rules approving the                  section 335–3–1–.02 ‘‘Definitions,’’                      that complies with the provisions of the
                                                  addition of three compounds to the list                  effective November 24, 2015, which                        Act and applicable federal regulations.
                                                  of those compounds excluded from the                     revised the definition of VOC.                            See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                  regulatory definition of VOC. The three                  Therefore, this material has been                         Thus, in reviewing SIP submissions,
                                                  compounds are: trans 1-chloro-3,3,3-                     approved by EPA for inclusion in the                      EPA’s role is to approve state choices,
                                                  trifluoroprop-1-ene (SolsticeTM                          State implementation plan, has been                       provided that they meet the criteria of
                                                  1233zd(E)), 78 FR 53029 (August 28,                      incorporated by reference by EPA into                     the CAA. Accordingly, this action
                                                  2013); 2,3,3,3-tetrafluoropropene, 78 FR                 that plan, is fully federally enforceable                 merely approves state law as meeting
                                                  62451 (October 22, 2013); and 2-amino-                   under sections 110 and 113 of the CAA                     federal requirements and does not
                                                  2-methyl-1-propanol (AMP), 79 FR                         as of the effective date of the final                     impose additional requirements beyond
                                                  17037 (March 27, 2014). Alabama is                       rulemaking of EPA’s approval, and will                    those imposed by state law. For that
                                                  updating its SIP to be consistent with                   be incorporated by reference by the                       reason, this action:
                                                  those changes to federal regulations.                    Director of the Federal Register in the                      • Is not a significant regulatory action
                                                                                                           next update to the SIP compilation.2                      subject to review by the Office of
                                                  II. Analysis of State’s Submittal                        EPA has made, and will continue to                        Management and Budget under
                                                     On October 26, 2015, ADEM                             make, these materials generally                           Executive Orders 12866 (58 FR 51735,
                                                  submitted a SIP revision 1 to EPA for                    available through www.regulations.gov                     October 4, 1993) and 13563 (76 FR 3821,
                                                  review and approval. The revision                        and/or at the EPA Region 4 Office                         January 21, 2011);
                                                  modifies the definition of VOC found at                  (please contact the person identified in                     • does not impose an information
                                                  Alabama Administrative Code section                      the ‘‘For Further Information Contact’’                   collection burden under the provisions
                                                  335–3–1–.02(gggg). Specifically, the                     section of this preamble for more
                                                  revision adds three compounds—trans                                                                                of the Paperwork Reduction Act (44
                                                                                                           information).                                             U.S.C. 3501 et seq.);
                                                  1-chloro-3,3,3-trifluoroprop-1-ene
                                                  (SolsticeTM 1233zd(E)); 2,3,3,3-                         IV. Final Action                                             • is certified as not having a
                                                  tetrafluoropropene; and 2-amino-2-                         Pursuant to section 110 of the CAA,                     significant economic impact on a
                                                  methyl-1-propanol (AMP)—to the list of                   EPA is approving the revision to the                      substantial number of small entities
                                                  those excluded from the VOC definition                   Alabama SIP changing the VOC                              under the Regulatory Flexibility Act (5
                                                  on the basis that each of these                          definition. EPA has evaluated                             U.S.C. 601 et seq.);
                                                  compounds makes a negligible                             Alabama’s October 26, 2015, submittal                        • does not contain any unfunded
                                                  contribution to tropospheric ozone                       and has determined that it meets the                      mandate or significantly or uniquely
                                                  formation.                                               applicable requirements of the CAA and                    affect small governments, as described
                                                     These changes are consistent with                     EPA regulations and is consistent with                    in the Unfunded Mandates Reform Act
                                                  section 110 of the CAA and meet the                      EPA policy.                                               of 1995 (Pub. L. 104–4);
                                                  regulatory requirements pertaining to                      EPA is publishing this rule without                        • does not have Federalism
                                                  SIPs. Pursuant to CAA section 110(l),                    prior proposal because the Agency                         implications as specified in Executive
                                                  the Administrator shall not approve a                    views this as a noncontroversial                          Order 13132 (64 FR 43255, August 10,
                                                  revision of a plan if the revision would                 submittal and anticipates no adverse                      1999);
                                                  interfere with any applicable                            comments. However, in the proposed                           • is not an economically significant
                                                  requirement concerning attainment and                    rules section of this Federal Register                    regulatory action based on health or
                                                  reasonable further progress (as defined                  publication, EPA is publishing a                          safety risks subject to Executive Order
                                                  in CAA section 171), or any other                        separate document that will serve as the                  13045 (62 FR 19885, April 23, 1997);
                                                  applicable requirement of the Act. The                   proposal to approve the SIP revision                         • is not a significant regulatory action
                                                  revision to Rule 335–3–1–.02(gggg) is                    should adverse comments be filed. This                    subject to Executive Order 13211 (66 FR
                                                  approvable under section 110(l) because                  rule will be effective September 27,                      28355, May 22, 2001);
                                                                                                           2016 without further notice unless the                       • is not subject to requirements of
                                                    1 Alabama’s October 26, 2015, submission to EPA
                                                                                                           Agency receives adverse comments by                       Section 12(d) of the National
                                                  also included changes to Alabama Administrative                                                                    Technology Transfer and Advancement
                                                  Code Chapters 335–3–5 and 335–3–8 to implement           August 29, 2016.
                                                  EPA’s Cross-State Air Pollution Rule and changes           If EPA receives such comments, then                     Act of 1995 (15 U.S.C. 272 note) because
                                                  to the State’s Regional Haze Plan. EPA is not taking     EPA will publish a document                               application of those requirements would
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                                                  action on those changes at this time. In addition,       withdrawing the final rule and                            be inconsistent with the CAA; and
                                                  Alabama’s October 26, 2015, submission included
                                                  changes to Chapters 335–3–10 (New Source
                                                                                                           informing the public that the rule will                      • does not provide EPA with the
                                                  Performance Standards (NSPS)) and 335–3–11               not take effect. All public comments                      discretionary authority to address, as
                                                  (National Emissions Standards for Hazardous Air          received will then be addressed in a                      appropriate, disproportionate human
                                                  Pollutants (NESHAP)). The NSPS and NESHAP are            subsequent final rule based on the                        health or environmental effects, using
                                                  not part of the federally approved Alabama SIP,
                                                  thus EPA is not taking any action regarding              proposed rule. EPA will not institute a                   practicable and legally permissible
                                                  Chapters 335–3–10 and 335–3–11 in today’s                                                                          methods, under Executive Order 12898
                                                  rulemaking.                                                   2 62   FR 27968 (May 22, 1997).                      (59 FR 7629, February 16, 1994).


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                                                                           Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Rules and Regulations                                                                   49901

                                                     The SIP is not approved to apply on                              This action is not a ‘‘major rule’’ as                         List of Subjects in 40 CFR Part 52
                                                  any Indian reservation land or in any                               defined by 5 U.S.C. 804(2).                                      Environmental protection, Air
                                                  other area where EPA or an Indian tribe                                Under section 307(b)(1) of the CAA,                         pollution control, Incorporation by
                                                  has demonstrated that a tribe has                                   petitions for judicial review of this                          reference, Intergovernmental relations,
                                                  jurisdiction. In those areas of Indian                              action must be filed in the United States                      Ozone, Reporting and recordkeeping
                                                  country, the rule does not have tribal                              Court of Appeals for the appropriate                           requirements, Volatile organic
                                                  implications as specified by Executive                              circuit by September 27, 2016. Filing a                        compounds.
                                                  Order 13175 (65 FR 67249, November 9,                               petition for reconsideration by the
                                                  2000), nor will it impose substantial                                                                                                Dated: July 15, 2016.
                                                                                                                      Administrator of this final rule does not                      Heather McTeer Toney,
                                                  direct costs on tribal governments or                               affect the finality of this action for the
                                                  preempt tribal law.                                                                                                                Regional Administrator, Region 4.
                                                                                                                      purposes of judicial review nor does it
                                                     The Congressional Review Act, 5                                  extend the time within which a petition                            40 CFR part 52 is amended as follows:
                                                  U.S.C. 801 et seq., as added by the Small                           for judicial review may be filed, and
                                                  Business Regulatory Enforcement                                     shall not postpone the effectiveness of                        PART 52—APPROVAL AND
                                                  Fairness Act of 1996, generally provides                            such rule or action. Parties with                              PROMULGATION OF
                                                  that before a rule may take effect, the                             objections to this direct final rule are                       IMPLEMENTATION PLANS
                                                  agency promulgating the rule must                                   encouraged to file a comment in                                ■ 1. The authority citation for part 52
                                                  submit a rule report, which includes a                              response to the parallel notice of                             continues to read as follows:
                                                  copy of the rule, to each House of the                              proposed rulemaking for this action
                                                  Congress and to the Comptroller General                             published in the proposed rules section                            Authority: 42 U.S.C. 7401 et seq.
                                                  of the United States. EPA will submit a                             of today’s Federal Register, rather than
                                                                                                                                                                                     Subpart B—Alabama
                                                  report containing this action and other                             file an immediate petition for judicial
                                                  required information to the U.S. Senate,                            review of this direct final rule, so that                      ■ 2. Section 52.50(c) is amended by
                                                  the U.S. House of Representatives, and                              EPA can withdraw this direct final rule                        revising the entry for ‘‘Section 335–3–1–
                                                  the Comptroller General of the United                               and address the comment in the                                 .02’’ to read as follows:
                                                  States prior to publication of the rule in                          proposed rulemaking. This action may
                                                  the Federal Register. A major rule                                  not be challenged later in proceedings to                      § 52.50    Identification of plan.
                                                  cannot take effect until 60 days after it                           enforce its requirements. See section                          *       *    *       *     *
                                                  is published in the Federal Register.                               307(b)(2).                                                         (c) * * *

                                                                                                                     EPA APPROVED ALABAMA REGULATIONS
                                                                                                                                                       State effective
                                                                 State citation                                    Title/subject                                                EPA approval date                   Explanation
                                                                                                                                                            date

                                                                                                                             Chapter 335–3–1—General Provisions


                                                           *                       *                                  *                                *                       *                    *                        *
                                                  Section 335–3–1–.02 ...................           Definitions ....................................         11/24/2015     7/29/2016 [Insert Federal     Revised paragraph (gggg)
                                                                                                                                                                              Register citation].           (definition of ‘‘VOC’’)


                                                             *                              *                            *                             *                        *                     *                      *



                                                  *      *         *       *       *
                                                  [FR Doc. 2016–17815 Filed 7–28–16; 8:45 am]
                                                  BILLING CODE 6560–50–P
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Document Created: 2018-02-08 07:51:35
Document Modified: 2018-02-08 07:51:35
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis direct final rule is effective September 27, 2016 without further notice, unless EPA receives adverse comment by August 29, 2016. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect.
ContactRichard 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 also be reached via electronic mail at [email protected]
FR Citation81 FR 49899 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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