82 FR 26596 - Approval and Promulgation of Implementation Plans; Texas; Revisions to the General Definitions for Texas Air Quality Rules
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 109 (June 8, 2017)
Federal Register Volume 82, Issue 109 (June 8, 2017)
| Page Range | 26596-26599 | |
| FR Document | 2017-11903 |
[Federal Register Volume 82, Number 109 (Thursday, June 8, 2017)] [Rules and Regulations] [Pages 26596-26599] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-11903] [[Page 26596]] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2016-0464; FRL-9962-23-Region 6] Approval and Promulgation of Implementation Plans; Texas; Revisions to the General Definitions for Texas Air Quality Rules AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: Pursuant to the Federal Clean Air Act (the Act or CAA), the Environmental Protection Agency (EPA) is approving revisions of the Texas State Implementation Plan (SIP) pertaining to EPA's latest definition of volatile organic compounds (VOC), aligning the lead reporting threshold with the EPA's Annual Emissions Reporting Rule (AERR), shortening the distance from the shoreline for applicable offshore sources to report an emission inventory, and revising terminology and definitions for clarity or consistency with the EPA's AERR. DATES: This rule is effective on September 6, 2017, unless EPA receives relevant adverse comments by July 10, 2017. If EPA receives relevant adverse comments, EPA will publish a timely withdrawal of the rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR- 2016-0464, at http://www.regulations.gov or via email to [email protected]. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The 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. The 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, please contact Ms. Nevine Salem, (214) 665-7222, [email protected]. For 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. Docket: The index to the docket for this action is available electronically at www.regulations.gov and in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available at either location (e.g., CBI). FOR FURTHER INFORMATION CONTACT: Ms. Nevine Salem, (214) 665-7222, [email protected]. To inspect the hard copy materials, please schedule an appointment with Ms. Nevine Salem or Mr. Bill Deese at 214- 665-7253. SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' ``us,'' or ``our'' is used, we mean the EPA. I. Background On July 28, 2016, Texas Commission on Environmental Quality (TCEQ) submitted a SIP revision to EPA for review and approval. The SIP revisions include amendments to 30 TAC Section 101.1 and 101.10 in 30 TAC Chapter 101, General Air Quality Rules, Subchapter A, General Rules and corresponding revisions to the State Implementation Plan (SIP). The submitted revisions are described below: 1. Definitions Updates--TAC Chapter 101, Section 101.1 EPA periodically revises the list of negligibly reactive compounds to add or delete organic volatile compounds (VOC) from regulation on the basis that these compounds make a negligible contribution to tropospheric ozone \1\ formation. Section 302(s) of the CAA specifies that the EPA has the authority to define the meaning of ``VOC,'' and hence what compounds shall be treated as VOCs for regulatory purposes. The policy of excluding negligibly reactive compounds from the VOC definition was first set forth in the ``Recommended Policy on Control of Volatile Organic Compounds'' (42 FR 35314, July 8, 1977) and was supplemented most recently with the ``Interim Guidance on Control of Volatile Organic Compounds in Ozone State Implementation Plans'' (Interim Guidance) (70 FR 54046, September 13, 2005). The EPA uses the reactivity of ethane as the threshold for determining whether a compound has negligible reactivity. Compounds that are less reactive than, or equally reactive to, ethane under certain assumed conditions may be deemed negligibly reactive and therefore suitable for exemption from the regulatory definition of VOC. Compounds that are more reactive than ethane continue to be considered VOCs for regulatory purposes and therefore are subject to control requirements. The selection of ethane as the threshold compound was based on a series of smog chamber experiments that underlay the 1977 policy. --------------------------------------------------------------------------- \1\ Tropospheric ozone, commonly known as smog, is formed when VOCs and nitrogen oxides (NOX ) react in the atmosphere in the presence of sunlight. Because of the harmful health effects of ozone, the EPA and state governments limit the amount of VOCs that can be released into the atmosphere. VOCs are those organic compounds of carbon that form ozone through atmospheric photochemical reactions. Different VOCs have different levels of reactivity. That is, they do not react to form ozone at the same speed or do not form ozone to the same extent. Some VOCs react slowly or form less ozone; therefore, changes in their emissions have less and, in some cases, very limited effects on local or regional ozone pollution episodes. It has been the EPA's policy that organic compounds with a negligible level of reactivity should be excluded from the regulatory VOC definition so as to focus VOC control efforts on compounds that do significantly increase ozone concentrations. The EPA also believes that exempting such compounds creates an incentive for industry to use negligibly reactive compounds in place of more highly reactive compounds that are regulated as VOCs. --------------------------------------------------------------------------- The EPA lists compounds that it has determined to be negligibly reactive in its regulations as being excluded from the definition of VOC. (40 CFR 51.100(s)). The specific organic compounds that will be excluded from TCEQ's definition of VOC that is in the SIP with this revision include: trans-1,3,3,3-tetrafluoropropene; 2,3,3,3- tertrafluropropene,\2\ HCF2 OCF2 H (HFE-134); HCF2 OCF2 OCF2 H (HFE-236cal2); HCF2 OCF2 CF2 OCF2 H (HFE- 338pcc13); HCF2 OCF2 OCF2 CF2 OCF2 OCF2 H (H-Galden 1040x or H-Galden ZT 130(or150 or 180)),\3\ trans- 1-chloro-3,3,3-trifluoroprop-1-ene,\4\ and 2-amino-2-methyl-1- propanol,\5\ Texas is updating its SIP to be consistent with current EPA definitions to provide clarity and consistency for owners and operators of sources subject to TCEQ rules regarding VOC control. --------------------------------------------------------------------------- \2\ See 78 FR 62451, October 22, 2013--Exclusion of trans-1&2, 3,3,3,-tetrafluoropropene. \3\ See 78 FR 9823, February 12, 2013--Exclusion of group of four Hydrofluoropolyethers (HPEPs). \4\ See 78 FR 53029, August 28, 2013--Exclusion of trans 1- Chloro-3,3,3 trifluoroprop-1-ene. \5\ See 79 FR 17037, March 27, 2014--Exclusion of 2-amino-2- methyl-1-propanol. --------------------------------------------------------------------------- [[Page 26597]] 2. Emission Inventory Requirements in TAC Chapter 101, Section 101.10 A. Lead Reporting Threshold On February 6, 2015 (80 FR 8787), the EPA finalized revisions to 40 Code of Federal Regulations (CFR) Part 51, Subpart A, Air Emissions Reporting Rule (AERR) and in 40 CFR 51.122 that lowered the lead (Pb) point source reporting threshold to 0.5 tons per year (tpy). The purpose of this change was to match requirements of the Pb Ambient Air Monitoring Requirements rule (75 FR 81126), which required monitoring agencies to install and operate source-oriented ambient monitors near Pb sources emitting 0.50 tpy or more by December 27, 2011. With this action, the EPA lowered the point source threshold for Pb emissions to 0.5 tons per year (tpy) of actual emissions. The current TCEQ emissions inventory (EI) reporting rule at 30 TAC Section 101.10 in the SIP (and previous version of the AERR) language requires a source to submit an EI if it has 10 tpy or more of actual or 25 tpy or more of potential lead emissions. Currently, the data needed to meet the new EPA lead reporting threshold requirement are collected under TCEQ's special inventory \6\ which requires TCEQ to annually identify and contact these sources for an inventory. This revision for lowering the lead reporting threshold aligns 30 TAC Section 101.10 with the reporting requirements in the EPA's AERR (40 CFR part 51) and would require sources to self-identify and report a full and complete EI annually if they emit 0.5 tpy or more of lead. --------------------------------------------------------------------------- \6\ Special Inventories: Any person owing or operating a source of air emissions which is or could be affected by any rule or regulation of the commission (TCEQ) shall file emissions-related data with the commission (upon request by the executive director or a designated representative of the commission) as necessary data may take special procedure arrangements with the Emissions Assessments Section to submit data separate from routine emission inventory submissions or other arrangements as necessary to support claims of confidentiality. --------------------------------------------------------------------------- B. Off-Shore Emission Inventory Reporting Requirement Under the current SIP, sources within 25 statute \7\ miles from the shoreline are required to submit an EI if the source meets one of the reporting threshold in 30 TAC Section 101.10. TCEQ proposed amendment shortens the applicable distance for a site on waters from 25 statute miles to 9.0 nautical \8\ miles (10.4 statute miles) from the shoreline.\9\ Texas' territorial waters only extend 9.0 nautical miles. At this time, no sites located between 9.0 nautical miles and 25 statute miles from the shoreline are reporting EIs to Texas. If a site existing between 9.0 nautical miles and 25 statute miles from shore should be required to report in the future, this site would be captured in a federal EI. This revision to align Texas rules with the current federal regulations found in 40 CFR part 51 will clarify requirements in 30 TAC Section 101.10 and change applicability to sources that are within 9.0 nautical miles of the shoreline in accordance with state and federal jurisdiction over offshore sources. --------------------------------------------------------------------------- \7\ Statute mile = 1 mile (1.6 kilometer). \8\ A nautical mile is based on the circumference of the earth, and is equal to one minute of latitude. It is slightly more than a statute (land measured) mile (1 nautical mile = 1.1508 statute miles). Nautical miles are used for charting and navigating. \9\ 43 U.S.C. 1301. --------------------------------------------------------------------------- C. Definition and Terminology Revisions a. 30 TAC Section 101.10(a) requires an inventory to be submitted on forms or other media. The commission adopted amendment removes the redundant phrase ``forms or other'' from this subsection. The phrase ``media'' succinctly covers this requirement. b. Currently, the data needed to meet the new EPA lead reporting threshold requirement as discussed previously are collected under the special inventory requirement in the SIP's subsection (b)(2) and (3). The amendment in TCEQ's revision makes the requirement clear to the community and does not require the agency to rely on the special inventory provision to collect data that is reported annually. c. All owners or operators of accounts continuing to meet the SIP's reporting requirements in subsection (a) are required to annually update their EI. The amendment adds subsection (a)(5) to the list of applicability requirements listed in subsection (b)(2) that are required to submit an annual emissions inventory update (AEIU). This addition includes the adopted inclusion of the new lead reporting requirement to this existing requirement. d. An amendment in subsection (a)(5) to change the units from ``tons'' to ``tpy'' to more clearly define the period over which the emissions are calculated. An annual time-period has always been assumed for this applicability by the State and EPA but the amendment is to clarify. e. The term ``microns'' is changed to ``micrometers' in the adoption to align language in 30 TAC Section 101.10(b)(1) with the reporting rule in AERR. In applied sciences, a micron is commonly accepted alternative term to micrometer, and thus, the adopted amendment has no effect on the population of sources required to report an EI or on the methodology for estimating emissions. f. Particulate matter with aerodynamic diameter less than or equal to 2.5 micrometers (PM2.5 ) is added to the list of contaminants that shall be reported in the EI under subsection (b). The list includes the phrase ``any other contaminants'', PM2.5 is subject to the NAAQS and is already required for inclusion in an EI. However, specifically listing PM2.5 clarifies the reporting requirement and does not change any existing reporting requirement to the agency. g. A second certifying statement has been added as 30 TAC Section 101.10(d)(2). Texas Health and Safety Code (THSC), Section 382.0215(f) requires that an owner or operator that is required to submit an EI and had no emissions events during the reporting year must include as part of the inventory a statement to this effect. The EI update process and reporting forms already include this certifying statement. An EI cannot be considered completed or for electronically submitted accounts, submitted without either completing this certification or submitting emissions event data. The amendments do not change this practice nor the wording in the certifying statement on the EI; it only includes the existing practice, which is required by THSC Section 382.0215 and reflected in 30 TAC Section 101.10. II. The EPA's Evaluation On July 28, 2016, TCEQ submitted SIP revisions to EPA for review and approval. The revisions amend Emission Inventory and General Air Quality rules in 30 TAC Chapter 101. The amended rules will incorporate EPA's latest finalized definitions of VOC compounds, align the lead reporting threshold with the AERR, shorten the distance from the shoreline for applicable offshore sources to report an emission inventory, and revise terminology and definitions for clarity and consistency with the EPA's AERR. These changes are consistent with section 110 of the CAA and meet the regulatory requirements pertaining to the SIPs. III. Final Action Pursuant to section 110 of the CAA, EPA is approving the SIP revisions TCEQ submitted to EPA regarding the above revisions to 30 TAC Chapter 101 Emissions Inventory and General Definitions update. These revisions are consistent with section 110 of the CAA and meet the regulatory requirements pertaining to SIPs. [[Page 26598]] EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipate 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 relevant adverse comments be filed. This rule will be effective September 6, 2017 without further notice unless the Agency receives relevant adverse comments by July 10, 2017. If EPA receives relevant adverse comments, EPA will publish a timely withdrawal of the rule in the Federal Register and inform the public that the rule will not take effect. IV. Incorporation by Reference In this action, we are proposing to include in a final rule regulatory text that includes incorporation by reference. In accordance with the requirements of 1 CFR 51.5, we are proposing to incorporate by reference revisions to the Texas regulations as described in the Final Action section above. We have made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the EPA Region 6 office. 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. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely proposes to approve 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). In addition, 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 proposed rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). Samuel Coleman was designated the Acting Regional Administrator on May 24, 2017 through the order of succession outlined in Regional Order R6-1110.13, a copy of which is included in the docket for this action. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: May 24, 2017. Samuel Coleman, Acting Regional Administrator, Region 6. 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 SS--Texas 0 2. In Sec. 52.2270(c), the table titled ``EPA Approved Regulations in the Texas SIP'' is amended by revising the entries for Sections 101.1and 101.10. The revisions read as follows: Sec. 52.2270 Identification of plan. * * * * * (c) * * * EPA Approved Regulations in the Texas SIP ---------------------------------------------------------------------------------------------------------------- State approval/ State citation Title/subject submittal EPA approval date Explanation date ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Chapter 101--General Air Quality Regulations ---------------------------------------------------------------------------------------------------------------- Subchapter A--General Rules ---------------------------------------------------------------------------------------------------------------- Section 101.1................ Definitions....... 7/6/2016 6/8/2017, [Insert Federal Register citation]. * * * * * * * Section 101.10............... Emissions 7/6/2016 6/8/2017, [Insert Inventory Federal Register Requirements. citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- [[Page 26599]] * * * * * [FR Doc. 2017-11903 Filed 6-7-17; 8:45 am] BILLING CODE 6560-50-P
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ENVIRONMENTAL PROTECTION submissions, and general guidance on formation. Section 302(s) of the CAA
AGENCY making effective comments, please visit specifies that the EPA has the authority
http://www2.epa.gov/dockets/ to define the meaning of ‘‘VOC,’’ and
40 CFR Part 52 commenting-epa-dockets. hence what compounds shall be treated
[EPA–R06–OAR–2016–0464; FRL–9962–23– Docket: The index to the docket for as VOCs for regulatory purposes. The
Region 6] this action is available electronically at policy of excluding negligibly reactive
www.regulations.gov and in hard copy compounds from the VOC definition
Approval and Promulgation of at the EPA Region 6, 1445 Ross Avenue, was first set forth in the ‘‘Recommended
Implementation Plans; Texas; Suite 700, Dallas, Texas. While all Policy on Control of Volatile Organic
Revisions to the General Definitions documents in the docket are listed in Compounds’’ (42 FR 35314, July 8,
for Texas Air Quality Rules the index, some information may be
1977) and was supplemented most
publicly available only at the hard copy
AGENCY: Environmental Protection recently with the ‘‘Interim Guidance on
location (e.g., copyrighted material), and
Agency (EPA). Control of Volatile Organic Compounds
some may not be publicly available at
ACTION: Direct final rule. either location (e.g., CBI). in Ozone State Implementation Plans’’
(Interim Guidance) (70 FR 54046,
SUMMARY: Pursuant to the Federal Clean FOR FURTHER INFORMATION CONTACT: Ms.
September 13, 2005). The EPA uses the
Air Act (the Act or CAA), the Nevine Salem, (214) 665–7222,
salem.nevine@epa.gov. To inspect the reactivity of ethane as the threshold for
Environmental Protection Agency (EPA)
hard copy materials, please schedule an determining whether a compound has
is approving revisions of the Texas State
Implementation Plan (SIP) pertaining to appointment with Ms. Nevine Salem or negligible reactivity. Compounds that
EPA’s latest definition of volatile Mr. Bill Deese at 214–665–7253. are less reactive than, or equally reactive
organic compounds (VOC), aligning the SUPPLEMENTARY INFORMATION:
to, ethane under certain assumed
lead reporting threshold with the EPA’s Throughout this document wherever conditions may be deemed negligibly
Annual Emissions Reporting Rule ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean reactive and therefore suitable for
(AERR), shortening the distance from the EPA. exemption from the regulatory
the shoreline for applicable offshore definition of VOC. Compounds that are
sources to report an emission inventory, I. Background more reactive than ethane continue to
and revising terminology and On July 28, 2016, Texas Commission be considered VOCs for regulatory
definitions for clarity or consistency on Environmental Quality (TCEQ) purposes and therefore are subject to
with the EPA’s AERR. submitted a SIP revision to EPA for control requirements. The selection of
DATES: This rule is effective on review and approval. The SIP revisions ethane as the threshold compound was
September 6, 2017, unless EPA receives include amendments to 30 TAC Section based on a series of smog chamber
relevant adverse comments by July 10, 101.1 and 101.10 in 30 TAC Chapter experiments that underlay the 1977
2017. If EPA receives relevant adverse 101, General Air Quality Rules, policy.
comments, EPA will publish a timely Subchapter A, General Rules and
corresponding revisions to the State The EPA lists compounds that it has
withdrawal of the rule in the Federal
Implementation Plan (SIP). The determined to be negligibly reactive in
Register and inform the public that the
rule will not take effect. submitted revisions are described its regulations as being excluded from
below: the definition of VOC. (40 CFR
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06– 51.100(s)). The specific organic
1. Definitions Updates—TAC Chapter compounds that will be excluded from
OAR–2016–0464, at http:// 101, Section 101.1
www.regulations.gov or via email to TCEQ’s definition of VOC that is in the
salem.nevine@epa.gov. Follow the EPA periodically revises the list of SIP with this revision include: trans-
online instructions for submitting negligibly reactive compounds to add or 1,3,3,3-tetrafluoropropene; 2,3,3,3-
comments. Once submitted, comments delete organic volatile compounds tertrafluropropene,2 HCF2OCF2H (HFE-
cannot be edited or removed from (VOC) from regulation on the basis that 134); HCF2OCF2OCF2H (HFE-236cal2);
Regulations.gov. The EPA may publish these compounds make a negligible HCF2OCF2CF2OCF2H (HFE-338pcc13);
any comment received to its public contribution to tropospheric ozone 1 HCF2OCF2OCF2CF2OCF2OCF2H
docket. Do not submit electronically any (H-Galden 1040x or H-Galden ZT
1 Tropospheric ozone, commonly known as smog,
information you consider to be is formed when VOCs and nitrogen oxides (NOX)
130(or150 or 180)),3 trans- 1-chloro-
Confidential Business Information (CBI) react in the atmosphere in the presence of sunlight. 3,3,3-trifluoroprop-1-ene,4 and 2-amino-
or other information whose disclosure is Because of the harmful health effects of ozone, the 2-methyl-1-propanol,5 Texas is updating
restricted by statute. Multimedia EPA and state governments limit the amount of its SIP to be consistent with current EPA
VOCs that can be released into the atmosphere.
submissions (audio, video, etc.) must be VOCs are those organic compounds of carbon that definitions to provide clarity and
accompanied by a written comment. form ozone through atmospheric photochemical consistency for owners and operators of
The written comment is considered the reactions. Different VOCs have different levels of sources subject to TCEQ rules regarding
official comment and should include reactivity. That is, they do not react to form ozone
at the same speed or do not form ozone to the same VOC control.
discussion of all points you wish to extent. Some VOCs react slowly or form less ozone;
make. The EPA will generally not therefore, changes in their emissions have less and,
consider comments or comment in some cases, very limited effects on local or
asabaliauskas on DSKBBXCHB2PROD with RULES
contents located outside of the primary regional ozone pollution episodes. It has been the
2 See 78 FR 62451, October 22, 2013—Exclusion
EPA’s policy that organic compounds with a
submission (i.e. on the Web, cloud, or negligible level of reactivity should be excluded of trans-1&2, 3,3,3,-tetrafluoropropene.
other file sharing system). For from the regulatory VOC definition so as to focus 3 See 78 FR 9823, February 12, 2013—Exclusion
additional submission methods, please VOC control efforts on compounds that do of group of four Hydrofluoropolyethers (HPEPs).
contact Ms. Nevine Salem, (214) 665– significantly increase ozone concentrations. The 4 See 78 FR 53029, August 28, 2013—Exclusion
EPA also believes that exempting such compounds
7222, salem.nevine@epa.gov. For the creates an incentive for industry to use negligibly of trans 1-Chloro-3,3,3 trifluoroprop-1-ene.
full EPA public comment policy, reactive compounds in place of more highly 5 See 79 FR 17037, March 27, 2014—Exclusion of
information about CBI or multimedia reactive compounds that are regulated as VOCs. 2-amino-2-methyl-1-propanol.
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EPA is publishing this rule without not impose additional requirements or in any other area where EPA or an
prior proposal because the Agency beyond those imposed by state law. For Indian tribe has demonstrated that a
views this as a noncontroversial that reason, this action: tribe has jurisdiction. In those areas of
submittal and anticipate no adverse • Is not a ‘‘significant regulatory Indian country, the proposed rule does
comments. However, in the proposed action’’ subject to review by the Office not have tribal implications and will not
rules section of this Federal Register of Management and Budget under impose substantial direct costs on tribal
publication, EPA is publishing a Executive Orders 12866 (58 FR 51735, governments or preempt tribal law as
separate document that will serve as the October 4, 1993) and 13563 (76 FR 3821, specified by Executive Order 13175 (65
proposal to approve the SIP revision January 21, 2011); FR 67249, November 9, 2000).
should relevant adverse comments be • Does not impose an information Samuel Coleman was designated the
filed. This rule will be effective collection burden under the provisions Acting Regional Administrator on May
September 6, 2017 without further of the Paperwork Reduction Act (44 24, 2017 through the order of succession
notice unless the Agency receives U.S.C. 3501 et seq.); outlined in Regional Order R6–1110.13,
relevant adverse comments by July 10, • Is certified as not having a
a copy of which is included in the
2017. If EPA receives relevant adverse significant economic impact on a
docket for this action.
comments, EPA will publish a timely substantial number of small entities
withdrawal of the rule in the Federal under the Regulatory Flexibility Act (5 List of Subjects in 40 CFR Part 52
Register and inform the public that the U.S.C. 601 et seq.);
• Does not contain any unfunded Environmental protection, Air
rule will not take effect. pollution control, Incorporation by
mandate or significantly or uniquely
IV. Incorporation by Reference affect small governments, as described reference, Intergovernmental relations,
in the Unfunded Mandates Reform Act Reporting and recordkeeping
In this action, we are proposing to requirements, Volatile organic
of 1995 (Pub. L. 104–4);
include in a final rule regulatory text • Does not have Federalism compounds.
that includes incorporation by implications as specified in Executive Dated: May 24, 2017.
reference. In accordance with the Order 13132 (64 FR 43255, August 10,
requirements of 1 CFR 51.5, we are Samuel Coleman,
1999); Acting Regional Administrator, Region 6.
proposing to incorporate by reference • Is not an economically significant
revisions to the Texas regulations as regulatory action based on health or 40 CFR part 52 is amended as follows:
described in the Final Action section safety risks subject to Executive Order
above. We have made, and will continue 13045 (62 FR 19885, April 23, 1997); PART 52—APPROVAL AND
to make, these documents generally • Is not a significant regulatory action PROMULGATION OF
available electronically through subject to Executive Order 13211 (66 FR IMPLEMENTATION PLANS
www.regulations.gov and/or in hard 28355, May 22, 2001);
copy at the EPA Region 6 office. • Is not subject to requirements of ■ 1. The authority citation for part 52
section 12(d) of the National continues to read as follows:
V. Statutory and Executive Order
Reviews Technology Transfer and Advancement Authority: 42 U.S.C. 7401 et seq.
Act of 1995 (15 U.S.C. 272 note) because
Under the CAA, the Administrator is application of those requirements would Subpart SS—Texas
required to approve a SIP submission be inconsistent with the CAA; and
that complies with the provisions of the • Does not provide EPA with the ■ 2. In § 52.2270(c), the table titled
Act and applicable Federal regulations. discretionary authority to address, as ‘‘EPA Approved Regulations in the
42 U.S.C. 7410(k); 40 CFR 52.02(a). appropriate, disproportionate human Texas SIP’’ is amended by revising the
Thus, in reviewing SIP submissions, the health or environmental effects, using entries for Sections 101.1and 101.10.
EPA’s role is to approve state choices, practicable and legally permissible The revisions read as follows:
provided that they meet the criteria of methods, under Executive Order 12898
the CAA. Accordingly, this action § 52.2270 Identification of plan.
(59 FR 7629, February 16, 1994).
merely proposes to approve state law as In addition, the SIP is not approved * * * * *
meeting Federal requirements and does to apply on any Indian reservation land (c) * * *
EPA APPROVED REGULATIONS IN THE TEXAS SIP
State
State citation Title/subject approval/ EPA approval date Explanation
submittal date
* * * * * * *
Chapter 101—General Air Quality Regulations
Subchapter A—General Rules
asabaliauskas on DSKBBXCHB2PROD with RULES
Section 101.1 ............ Definitions ........................... 7/6/2016 6/8/2017, [Insert Federal Register citation].
* * * * * * *
Section 101.10 .......... Emissions Inventory Re- 7/6/2016 6/8/2017, [Insert Federal Register citation].
quirements.
* * * * * * *
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* * * * * I. General Information by docket ID number EPA–HQ–OPP–
[FR Doc. 2017–11903 Filed 6–7–17; 8:45 am] 2017–0036, by one of the following
A. Does this action apply to me?
BILLING CODE 6560–50–P methods:
You may be potentially affected by • Federal eRulemaking Portal: http://
this action if you are an agricultural www.regulations.gov. Follow the online
ENVIRONMENTAL PROTECTION producer, food manufacturer, or instructions for submitting comments.
AGENCY pesticide manufacturer. The following Do not submit electronically any
list of North American Industrial information you consider to be CBI or
40 CFR Part 180 Classification System (NAICS) codes is other information whose disclosure is
[EPA–HQ–OPP–2017–0036; FRL–9961–29] not intended to be exhaustive, but rather restricted by statute.
provides a guide to help readers • Mail: OPP Docket, Environmental
Triclopyr; Pesticide Tolerances for determine whether this document Protection Agency Docket Center (EPA/
Emergency Exemptions applies to them. Potentially affected DC), (28221T), 1200 Pennsylvania Ave.
entities may include: NW., Washington, DC 20460–0001.
AGENCY: Environmental Protection • Crop production (NAICS code 111). • Hand Delivery: To make special
Agency (EPA). • Animal production (NAICS code arrangements for hand delivery or
ACTION: Final rule. 112). delivery of boxed information, please
• Food manufacturing (NAICS code follow the instructions at http://
SUMMARY: This regulation establishes 311). www.epa.gov/dockets/contacts.html.
time-limited tolerances for residues of • Pesticide manufacturing (NAICS Additional instructions on
triclopyr in or on sugarcane. This action code 32532). commenting or visiting the docket,
is in response to EPA’s granting of an along with more information about
emergency exemption under the Federal B. How can I get electronic access to
dockets generally, is available at http://
Insecticide, Fungicide, and Rodenticide other related information?
www.epa.gov/dockets.
Act (FIFRA) authorizing use of the You may access a frequently updated
pesticide on sugarcane. This regulation electronic version of 40 CFR part 180 II. Background and Statutory Findings
establishes a maximum permissible through the Government Printing EPA, on its own initiative, in
level for residues of triclopyr in or on Office’s e-CFR site at http:// accordance with FFDCA sections 408(e)
this commodity. The time-limited www.ecfr.gov/cgi-bin/text- and 408(l)(6) of, 21 U.S.C. 346a(e) and
tolerance will expire on December 31, idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ 346a(1)(6), is establishing a time-limited
2020. 40tab_02.tpl. To access the OCSPP test tolerance for residues of triclopyr (2-
DATES: This regulation is effective June guidelines referenced in this document [(3,5,6-trichloro-2-pyridinyl)oxy]acetic
8, 2017. Objections and requests for electronically, please go to http:// acid), including its metabolites and
hearings must be received on or before www.epa.gov/ocspp and select ‘‘Test degradates in or on sugarcane, cane at
August 7, 2017, and must be filed in Methods and Guidelines.’’ 40 parts per million (ppm). This time-
accordance with the instructions limited tolerance will expire on
C. How can I file an objection or hearing December 31, 2020.
provided in 40 CFR part 178 (see also request?
Unit I.C. of the SUPPLEMENTARY Section 408(l)(6) of FFDCA requires
INFORMATION). Under section 408(g) of the Federal EPA to establish a time-limited
Food, Drug, and Cosmetic Act (FFDCA), tolerance or exemption from the
ADDRESSES: The docket for this action, 21 U.S.C. 346a, any person may file an requirement for a tolerance for pesticide
identified by docket identification (ID) objection to any aspect of this regulation chemical residues in food that will
number EPA–HQ–OPP–2017–0036 is and may also request a hearing on those result from the use of a pesticide under
available at http://www.regulations.gov objections. You must file your objection an emergency exemption granted by
or at the Office of Pesticide Programs or request a hearing on this regulation EPA under FIFRA section 18. Such
Regulatory Public Docket (OPP Docket) in accordance with the instructions tolerances can be established without
in the Environmental Protection Agency provided in 40 CFR part 178. To ensure providing notice or period for public
Docket Center (EPA/DC), West William proper receipt by EPA, you must comment. EPA does not intend for its
Jefferson Clinton Bldg., Rm. 3334, 1301 identify docket ID number EPA–HQ– actions on FIFRA section 18 related
Constitution Ave. NW., Washington, DC OPP–2017–0036 in the subject line on time-limited tolerances to set binding
20460–0001. The Public Reading Room the first page of your submission. All precedents for the application of FFDCA
is open from 8:30 a.m. to 4:30 p.m., objections and requests for a hearing section 408 and the safety standard to
Monday through Friday, excluding legal must be in writing, and must be other tolerances and exemptions.
holidays. The telephone number for the received by the Hearing Clerk on or Section 408(e) of FFDCA allows EPA to
Public Reading Room is (202) 566–1744, before August 7, 2017. Addresses for establish a tolerance or an exemption
and the telephone number for the OPP mail and hand delivery of objections from the requirement of a tolerance on
Docket is (703) 305–5805. Please review and hearing requests are provided in 40 its own initiative, i.e., without having
the visitor instructions and additional CFR 178.25(b). received any petition from an outside
information about the docket available In addition to filing an objection or party.
at http://www.epa.gov/dockets. hearing request with the Hearing Clerk Section 408(b)(2)(A)(i) of FFDCA
FOR FURTHER INFORMATION CONTACT: as described in 40 CFR part 178, please allows EPA to establish a tolerance (the
asabaliauskas on DSKBBXCHB2PROD with RULES
Michael L. Goodis, Registration Division submit a copy of the filing (excluding legal limit for a pesticide chemical
(7505P), Office of Pesticide Programs, any Confidential Business Information residue in or on a food) only if EPA
Environmental Protection Agency, 1200 (CBI)) for inclusion in the public docket. determines that the tolerance is ‘‘safe.’’
Pennsylvania Ave. NW., Washington, Information not marked confidential Section 408(b)(2)(A)(ii) of FFDCA
DC 20460–0001; main telephone pursuant to 40 CFR part 2 may be defines ‘‘safe’’ to mean that ‘‘there is a
number: (703) 305–7090; email address: disclosed publicly by EPA without prior reasonable certainty that no harm will
RDFRNotices@epa.gov. notice. Submit the non-CBI copy of your result from aggregate exposure to the
SUPPLEMENTARY INFORMATION: objection or hearing request, identified pesticide chemical residue, including
VerDate Sep<11>2014 16:16 Jun 07, 2017 Jkt 241001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\08JNR1.SGM 08JNR1](https://thefederalregister.org/doc/82_FR_26705/page/4.svg)
Document Created: 2018-11-14 10:06:35
Document Modified: 2018-11-14 10:06:35
| 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 rule is effective on September 6, 2017, unless EPA receives relevant adverse comments by July 10, 2017. If EPA receives relevant adverse comments, EPA will publish a timely withdrawal of the rule in the Federal Register and inform the public that the rule will not take effect. | |
| Contact | Ms. Nevine Salem, (214) 665-7222, [email protected] To inspect the hard copy materials, please schedule an appointment with Ms. Nevine Salem or Mr. Bill Deese at 214- 665-7253. | |
| FR Citation | 82 FR 26596 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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