81 FR 68936 - Air Plan Approval; Georgia: Volatile Organic Compounds
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 193 (October 5, 2016)
Federal Register Volume 81, Issue 193 (October 5, 2016)
| Page Range | 68936-68938 | |
| FR Document | 2016-23970 |
[Federal Register Volume 81, Number 193 (Wednesday, October 5, 2016)] [Rules and Regulations] [Pages 68936-68938] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-23970] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2016-0489; FRL-9953-64-Region 4] Air Plan Approval; Georgia: Volatile Organic Compounds AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving portions of two revisions to the Georgia State Implementation Plan (SIP) submitted by the Georgia Department of Environmental Protection (GA EPD) on July 25, 2014, and November 1, 2015. These revisions modify the definition of ``volatile organic compounds'' (VOC). Specifically, these revisions add two 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 December 5, 2016 without further notice, unless EPA receives adverse comment by November 4, 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-2016-0489 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 [[Page 68937]] 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: Sean Lakeman, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Lakeman can be reached by phone at (404) 562-9043 or via electronic mail at [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 VOC and NOX that can be released into the atmosphere. VOC are those compounds of carbon (excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate) that form ozone through atmospheric photochemical reactions. Compounds of carbon (or organic compounds) have different levels of reactivity; they do not react at the same speed or do not form ozone to the same extent. Section 302(s) of the CAA specifies that EPA has the authority to define the meaning of ``VOC,'' and hence what compounds shall be treated as VOC for regulatory purposes. It has been EPA's policy that compounds of carbon with negligible reactivity need not be regulated to reduce ozone and should be excluded from the regulatory definition of VOC. See 42 FR 35314 (July 8, 1977), 70 FR 54046 (September 13, 2005). EPA determines whether a given carbon compound has ``negligible'' reactivity by comparing the compound's reactivity to the reactivity of ethane. EPA lists these compounds in its regulations at 40 CFR 51.100(s) and excludes them from the definition of VOC. The chemicals on this list are often called ``negligibly reactive.'' EPA may periodically revise the list of negligibly reactive compounds to add or delete compounds. EPA issued final rules approving the addition of trans-1,3,3,3- tetrafluropropene (also known as HFO-1234ze) and 2-amino-2-methyl-1- propanol (AMP) to the list of those compounds excluded from the regulatory definition of VOC. See 77 FR 37610 (June 22, 2012) and 79 FR 17037 (March 27, 2014). Georgia is updating its SIP to be consistent with those changes to federal regulations. II. Analysis of State's Submittal On July 25, 2014, and November 1, 2015, Georgia submitted SIP revisions \1\ to EPA for review and approval. The revisions modify the definition of VOC found at Georgia's Rule 391-3-1-.01(llll), ``Volatile Organic Compounds.'' Specifically, the revisions add trans-1,3,3,3- tetrafluropropene (also known as HFO-1234ze) and 2-amino-2-methyl-1- propanol (AMP) to the list of compounds excluded from the VOC definition on the basis that each of these compounds makes a negligible contribution to tropospheric ozone formation. --------------------------------------------------------------------------- \1\ EPA will consider the other changes included in Georgia's July 25, 2014, and November 5, 2015, SIP revisions in a future rulemaking. --------------------------------------------------------------------------- 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 revisions to Rule 391-3-1-.01(llll), ``Volatile Organic Compounds,'' are approvable under section 110(l) because they reflect changes to federal regulations based on findings that the 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 Rule 391-3- 1-.01 ``Definitions'' effective August 3, 2015, which revised the definition of VOC.\2\ Therefore, this material has been approved by EPA for inclusion in the SIP, has been incorporated by reference by EPA into that plan, is fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.\3\ EPA has made, and will continue to make, these materials generally available through www.regulations.gov and/or at the EPA Region 4 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). --------------------------------------------------------------------------- \2\ The effective date of the rule change made in Georgia's July 25, 2014, SIP revision is August 1, 2013. However, that change to Georgia's rule is captured and superseded by Georgia's update in the November 1, 2015, SIP revision. \3\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- IV. Final Action Pursuant to section 110 of the CAA, EPA is approving the aforementioned changes to Georgia's SIP for Rule 391-3-1-.01(llll). EPA has evaluated the relevant portions of Georgia's July 25, 2014, and November 1, 2015, SIP revisions and has determined that they meet the applicable requirements of the CAA and EPA regulations and are 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 December 5, 2016 without further notice unless the Agency receives adverse comments by November 4, 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 December 5, 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 [[Page 68938]] 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 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 5, 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: September 23, 2016. V. Anne Heard, Acting Regional Administrator, Region 4. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart L--Georgia 0 2. Section 52.570(c) is amended by revising the entry for ``391-3- 1-.01'' to read as follows: Sec. 52.570 Identification of plan. * * * * * (c) * * * EPA Approved Georgia Regulations ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- 391-3-1-.01.................... Definitions......... 8/3/2015 10/5/2016, [Insert only changes to citation of Rule 391-3-1- publication]. .01(llll). * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2016-23970 Filed 10-4-16; 8:45 am] BILLING CODE 6560-50-P
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preemption requirements described in message can be received without area as well as any changes in the dates
E.O. 13132. jeopardizing the safety or security of and times of enforcement.
Also, this rule does not have tribal people, places, or vessels. Dated: September 27, 2016.
implications under E.O. 13175,
List of Subjects in 33 CFR Part 100 T.J. Wendt,
Consultation and Coordination with
Marine safety, Navigation (water), Captain, U.S. Coast Guard, Captain of the
Indian Tribal Governments, because it
Port, Memphis, Tennessee.
will not have a substantial direct effect Reporting and recordkeeping
requirements, Waterways. [FR Doc. 2016–24071 Filed 10–4–16; 8:45 am]
on one or more Indian tribes, on the
BILLING CODE 9110–04–P
relationship between the Federal For the reasons discussed in the
Government and Indian tribes, or on the preamble, the Coast Guard amends 33
distribution of power and CFR part 100 as follows:
responsibilities between the Federal ENVIRONMENTAL PROTECTION
Government and Indian tribes. If you PART 100—SAFETY OF LIFE ON AGENCY
believe this rule has implications for NAVIGABLE WATERS
federalism or Indian tribes, please 40 CFR Part 52
contact the person listed in the FOR ■ 1. The authority citation for part 100 [EPA–R04–OAR–2016–0489; FRL–9953–64–
FURTHER INFORMATION CONTACT section.
continues to read as follows: Region 4]
Authority: 33 U.S.C. 1233.
E. Unfunded Mandates Reform Act Air Plan Approval; Georgia: Volatile
■ 2. Add § 100.35T08–0887 to read as
The Unfunded Mandates Reform Act Organic Compounds
follows:
of 1995 (2 U.S.C. 1531–1538) requires AGENCY: Environmental Protection
Federal agencies to assess the effects of § 100.35T08–0887 Special Local
Agency (EPA).
their discretionary regulatory actions. In Regulation; Arkansas River, Little Rock, AR.
ACTION: Direct final rule.
particular, the Act addresses actions (a) Regulated area. (1) A regulated
that may result in the expenditure by a area is established to encompass the SUMMARY: The Environmental Protection
State, local, or tribal government, in the following waterway: All waters of the Agency (EPA) is approving portions of
aggregate, or by the private sector of Arkansas River mile 117.4 through mile two revisions to the Georgia State
$100,000,000 (adjusted for inflation) or 118.6. Implementation Plan (SIP) submitted by
more in any one year. Though this rule (2) All vessels are prohibited from the Georgia Department of
will not result in such expenditure, we entering the event area which extends Environmental Protection (GA EPD) on
do discuss the effects of this rule out 25-yards from the left descending July 25, 2014, and November 1, 2015.
elsewhere in this preamble. bank within the regulated area. All These revisions modify the definition of
vessels transiting the regulated area ‘‘volatile organic compounds’’ (VOC).
F. Environment outside of 25 yards from the left Specifically, these revisions add two
We have analyzed this rule under descending bank zone are limited to compounds to the list of those excluded
Department of Homeland Security slowest speed for safe navigation to from the VOC definition on the basis
Management Directive 023–01 and minimize wake unless specifically that these compounds make a negligible
Commandant Instruction M16475.lD, authorized by the COTP. contribution to tropospheric ozone
which guide the Coast Guard in (b) Effective period. This section is formation. This action is being taken
complying with the National effective from 7 a.m. on October 14, pursuant to the Clean Air Act (CAA or
Environmental Policy Act of 1969 (42 2016 until 7 p.m. on October 15, 2016 Act).
U.S.C. 4321–4370f), and have made a and will be enforced each day from 7 DATES: This direct final rule is effective
preliminary determination that this a.m. until 7 p.m. December 5, 2016 without further
action is one of a category of actions that (c) Regulations. (1) In accordance with
notice, unless EPA receives adverse
do not individually or cumulatively the general regulations in § 100.801 of
comment by November 4, 2016. If EPA
have a significant effect on the human this part, all vessels, mariners, and
receives such comments, it will publish
environment. This rule involves the persons are prohibited from entering the
a timely withdrawal of the direct final
establishment of a special local event area, without permission of the
rule in the Federal Register and inform
regulation lasting 12 hours each day Captain of the Port Memphis (COTP).
the public that the rule will not take
over the course of a Friday and All vessel operators desiring to operate
effect.
Saturday. Normally such actions are in the event area of this special local
categorically excluded from further regulation must contact the COTP or a ADDRESSES: Submit your comments,
review under paragraph 34(h) of Figure designated representative to request identified by Docket ID No. EPA–R04–
2–1 of the Commandant Instruction. An permission to do so. The COTP or a OAR–2016–0489 at http://
environmental analysis checklist and designated representative may be www.regulations.gov. Follow the online
Categorical Exclusion Determination are contacted via VHF Channel 16 or by instructions for submitting comments.
available in the docket where indicated telephone at 1–866–777–2784. Once submitted, comments cannot be
under ADDRESSES. We seek any (2) During enforcement, all vessels edited or removed from Regulations.gov.
comments or information that may lead transiting the marked navigation EPA may publish any comment received
to the discovery of a significant channel from mile marker 117.4 to mile to its public docket. Do not submit
environmental impact from this rule. marker 118.6 will be limited to slowest electronically any information you
speed for safe navigation to minimize consider to be Confidential Business
G. Protest Activities wake unless specifically authorized by Information (CBI) or other information
ehiers on DSK5VPTVN1PROD with RULES
The Coast Guard respects the First the COTP. whose disclosure is restricted by statute.
Amendment rights of protesters. (d) Informational broadcasts. The Multimedia submissions (audio, video,
Protesters are asked to contact the COTP or a designated representative etc.) must be accompanied by a written
person listed in the FOR FURTHER will inform the public through comment. The written comment is
INFORMATION CONTACT section to broadcast notices to mariners of the considered the official comment and
coordinate protest activities so that your enforcement period for the regulated should include discussion of all points
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federal requirements and does not methods, under Executive Order 12898 objections to this direct final rule are
impose additional requirements beyond (59 FR 7629, February 16, 1994). encouraged to file a comment in
those imposed by state law. For that The SIP is not approved to apply on response to the parallel notice of
reason, this action: any Indian reservation land or in any proposed rulemaking for this action
• Is not a significant regulatory action other area where EPA or an Indian tribe published in the proposed rules section
subject to review by the Office of has demonstrated that a tribe has of today’s Federal Register, rather than
Management and Budget under jurisdiction. In those areas of Indian file an immediate petition for judicial
Executive Orders 12866 (58 FR 51735, country, the rule does not have tribal review of this direct final rule, so that
October 4, 1993) and 13563 (76 FR 3821, implications as specified by Executive EPA can withdraw this direct final rule
January 21, 2011); Order 13175 (65 FR 67249, November 9, and address the comment in the
• does not impose an information 2000), nor will it impose substantial proposed rulemaking. This action may
collection burden under the provisions direct costs on tribal governments or not be challenged later in proceedings to
of the Paperwork Reduction Act (44 preempt tribal law. enforce its requirements. See section
U.S.C. 3501 et seq.); The Congressional Review Act, 5 307(b)(2).
• is certified as not having a U.S.C. 801 et seq., as added by the Small
significant economic impact on a Business Regulatory Enforcement List of Subjects in 40 CFR Part 52
substantial number of small entities Fairness Act of 1996, generally provides
Environmental protection, Air
under the Regulatory Flexibility Act (5 that before a rule may take effect, the
pollution control, Incorporation by
U.S.C. 601 et seq.); agency promulgating the rule must
reference, Intergovernmental relations,
• does not contain any unfunded submit a rule report, which includes a
Ozone, Reporting and recordkeeping
mandate or significantly or uniquely copy of the rule, to each House of the
requirements, Volatile organic
affect small governments, as described Congress and to the Comptroller General
compounds.
in the Unfunded Mandates Reform Act of the United States. EPA will submit a
of 1995 (Public Law 104–4); report containing this action and other Dated: September 23, 2016.
• does not have Federalism required information to the U.S. Senate, V. Anne Heard,
implications as specified in Executive the U.S. House of Representatives, and Acting Regional Administrator, Region 4.
Order 13132 (64 FR 43255, August 10, the Comptroller General of the United
1999); States prior to publication of the rule in 40 CFR part 52 is amended as follows:
• is not an economically significant the Federal Register. A major rule
cannot take effect until 60 days after it PART 52—APPROVAL AND
regulatory action based on health or
is published in the Federal Register. PROMULGATION OF
safety risks subject to Executive Order
This action is not a ‘‘major rule’’ as IMPLEMENTATION PLANS
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action defined by 5 U.S.C. 804(2).
subject to Executive Order 13211 (66 FR Under section 307(b)(1) of the CAA, ■ 1. The authority citation for part 52
28355, May 22, 2001); petitions for judicial review of this continues to read as follows:
• is not subject to requirements of action must be filed in the United States Authority: 42 U.S.C. 7401 et seq.
Section 12(d) of the National Court of Appeals for the appropriate
Technology Transfer and Advancement circuit by December 5, 2016. Filing a Subpart L—Georgia
Act of 1995 (15 U.S.C. 272 note) because petition for reconsideration by the
application of those requirements would Administrator of this final rule does not ■ 2. Section 52.570(c) is amended by
be inconsistent with the CAA; and affect the finality of this action for the revising the entry for ‘‘391–3–1–.01’’ to
• does not provide EPA with the purposes of judicial review nor does it read as follows:
discretionary authority to address, as extend the time within which a petition
§ 52.570 Identification of plan.
appropriate, disproportionate human for judicial review may be filed, and
health or environmental effects, using shall not postpone the effectiveness of * * * * *
practicable and legally permissible such rule or action. Parties with (c) * * *
EPA APPROVED GEORGIA REGULATIONS
State effective
State citation Title/subject EPA approval date Explanation
date
391–3–1–.01 ............. Definitions ................................... 8/3/2015 10/5/2016, [Insert citation of only changes to Rule 391–3–1–
publication]. .01(llll).
* * * * * * *
* * * * * ENVIRONMENTAL PROTECTION ACTION: Final rule.
[FR Doc. 2016–23970 Filed 10–4–16; 8:45 am] AGENCY
SUMMARY: This regulation establishes
BILLING CODE 6560–50–P
40 CFR Part 180 time-limited tolerances for residues of
tolfenpyrad in or on vegetable, fruiting,
group 8–10. This action is in response
ehiers on DSK5VPTVN1PROD with RULES
[EPA–HQ–OPP–2016–0193; FRL–9951–57]
to EPA’s granting of an emergency
Tolfenpyrad; Pesticide Tolerances for exemption under the Federal
Emergency Exemptions Insecticide, Fungicide, and Rodenticide
Act (FIFRA) authorizing use of the
AGENCY: Environmental Protection pesticide on agricultural commodities in
Agency (EPA). the group ‘‘vegetable, fruiting, group 8–
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Document Created: 2016-10-05 03:29:36
Document Modified: 2016-10-05 03:29:36
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This direct final rule is effective December 5, 2016 without further notice, unless EPA receives adverse comment by November 4, 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. | |
| Contact | Sean Lakeman, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Lakeman can be reached by phone at (404) 562-9043 or via electronic mail at [email protected] | |
| FR Citation | 81 FR 68936 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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