82 FR 47631 - Air Plan Approval; AL; VOC Definitions and Particulate Emissions
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 197 (October 13, 2017)
Federal Register Volume 82, Issue 197 (October 13, 2017)
| Page Range | 47631-47634 | |
| FR Document | 2017-22099 |
[Federal Register Volume 82, Number 197 (Friday, October 13, 2017)] [Rules and Regulations] [Pages 47631-47634] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-22099] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2017-0436; FRL-9969-36-Region 4] Air Plan Approval; AL; VOC Definitions and Particulate Emissions AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve changes to the Alabama State Implementation Plan (SIP) to revise the definition of ``volatile organic compounds'' (VOCs), correct a typographical error, and remove control of particulate emissions and opacity limits for Talladega County. EPA is approving the SIP revisions submitted by the State of Alabama, through the Alabama Department of Environmental Management (ADEM), on May 19, 2017. This action is being taken pursuant to the Clean Air Act (CAA or Act). DATES: This rule is effective November 13, 2017. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2017-0436. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Richard Wong, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 562-8726. Mr. Wong can be reached via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. What action is the Agency taking? In this rulemaking, EPA is approving changes to the Alabama SIP, submitted by the State on May 19, 2017. The submission revises ADEM Rule 335-3-1-.02--Definitions and Rule 335-3-4-.08--Wood Waste Boilers. Specifically, this rulemaking revises the definition of VOCs, corrects a typographical error and removes particulate emission and opacity limits for Talladega County. II. Background On August 16, 2017 (82 FR 38865), EPA proposed to approve the aforementioned changes, among others, to the SIP. This proposed rule accompanied a direct final rule published on the same day in the Federal Register (82 FR 38841). EPA received an adverse comment on the direct final rulemaking only on the changes made to Rule 335-3-1-.02 and Rule 335-3-4-.08. Accordingly, EPA is withdrawing the direct final action through a separate action published elsewhere in this issue of the Federal Register and is taking final action on the changes to Rule 335-3-1-.02 and Rule 335-3-4-.08 in this final rule. A. Rule 335-3-1-.02--Definitions On November 29, 2004, and August 1, 2016, EPA issued final rules revising the definition of VOCs by adding new compounds (tertiary butyl acetate (or t-Butyl acetate) and 1,1,2,2-Tetrafluoro-1-(2,2,2- trifluoroethoxyl) ethane) to the list of those that are considered to be negligibly reactive compounds, and on February 25, 2016 (81 FR 9339), EPA issued a final rule removing recordkeeping, emissions reporting, photochemical dispersion modeling, and inventory requirements for t-Butyl acetate. The State's May 19, 2017, SIP revision adds these compounds to the list of negligibly reactive compounds under ADEM Rule 335-3-1-.02 subpart (gggg). The SIP revision also removes the recordkeeping, emissions reporting, photochemical dispersion modeling, and inventory requirements requirement for t-Butyl acetate. Additionally, the submittal makes a typographical correction under subpart (gggg)(iii). EPA proposes to approve these revisions because they are consistent with the definition of VOC at 40 CFR 51.100(s). The State's addition of exemptions from the definition of VOCs and removal of recordkeeping, emissions reporting, photochemical dispersion modeling, and inventory requirements for t-butyl acetate are approvable under section 110(l) because they reflect changes to Federal regulations based on findings that the exempted compounds are negligibly reactive. The typographical error correction makes ministerial changes for consistency. B. Rule 335-3-4-.08--Wood Waste Boilers Rule 335-3-4-.08--Wood Waste Boilers was adopted into the Alabama SIP on April 23, 1974 (39 FR 14338), to provide emission limits based on [[Page 47632]] available control technologies and included a 0.30 grain per dry standard cubic foot (gr/dscf) emissions limit for boilers burning a combination of wood waste and fossil fuels. On November 24, 1981 (46 FR 57484), EPA finalized a SIP revision allowing pulp mills to operate boilers that burn only wood waste in Talladega County. This change allowed a particulate matter emissions concentration of 0.45 gr/dscf when burning wood waste alone (but total emissions would remain the same provided boilers operate on a reduced rate). On July 11, 1986 (51 FR 25198), EPA approved a revision adding a new paragraph 3 at Rule 335-3-4-.08 that relaxed the allowable emission limit to 0.60 gr/dscf for wood waste boiler sources that operate up to 300 million British thermal unit per hour and tightened allowable emissions for other types of sources in Talladega County. Compliance with the emission limit was determined by an annual stack test. Additionally, an opacity limit of 76 percent was established and would be measured by a transmissometer. The May 19, 2017, SIP revision removes paragraph 3, applicable only to sources in Talladega County, because the type of source no longer exists in the County or anywhere else in the State. Moreover, if such a source were to begin operating in the future, it would be subject to more stringent requirements under Rule 335-3-4-.08 paragraph 2. EPA believes that these changes to the regulatory portion of the SIP are consistent with section 110 of the CAA and meet the regulatory requirements pertaining to SIPs. Pursuant to CAA section 110(l), the Administrator shall not approve a revision of a plan if the revision would interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in CAA section 171), or any other applicable requirement of the Act. The State's removal of emissions and opacity requirements for Talladega County is an approvable change under section 110(l) because, should these sources start operating, they would fall under more stringent rules in the SIP. III. Response to Comments Comment: EPA received one adverse comment on the direct final rule published on August 16, 2017 (82 FR 38841), and this comment has been included in the Docket for this action. The Commenter stated that EPA should not remove t-Butyl acetate (TBAC) from the list of ``volatile organic compounds because ``this compound is particularly dangerous and can cause deformations and brain injuries.'' The Commenter stated that EPA should maintain the recordkeeping and reporting provisions ``to determine whether states are causing deformations or brain injuries in nearby communities.'' The Commenter also stated EPA should not remove wood burning rules. Response: The State is merely updating the SIP to align with EPA's past rulemakings and reflect the definitions in 40 CFR 51.100(s). EPA issued a final rulemaking on November 29, 2004 (69 FR 69298) that revised the definition of VOC to exclude TBAC as a negligibly reactive compound. Additionally, EPA issued a final rule on February 25, 2016 (81 FR 9339), that removed TBAC recordkeeping, emissions reporting, photochemical dispersion modeling, and inventory requirements for TBAC. EPA acknowledges the comments regarding the health risks associated with TBAC and is continuing to take steps to assess potential risks associated with this compound. In the 2016 EPA rule, EPA discussed the efforts surrounding any future determinations about the health risks associated with TBAC, including noting that data collected through the recordkeeping and reporting requirements did not appear relevant to any such future determinations and that EPA was assessing the health risks from TBAC through its Integrated Risk Information System. This effort is on-going, and we refer the Commenter to EPA's previous 2016 rulemaking (81 FR 9339, 9341) for more information regarding health risks. The State removes Rule 335-3-4-.08 paragraph 3, particulate matter emissions limit for wood waste boilers applicable only to Talladega County because such sources no longer operate in the County. If such a source were to begin operating in the future, it would be subject to more stringent requirements under Rule 335-3-4-.08 paragraph 2, applicable statewide. Therefore, the Commenter's statement that such sources should be subject to tighter requirements is true, and EPA has determined that any new source would be subjected to tighter emissions limits, currently approved in the SIP. IV. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of Rule 335-3- 1-.02--Definitions and Rule 335-3-4-.08--Wood Waste Boilers, effective June 9, 2017. EPA has made, and will continue to make, these materials generally available through www.regulations.gov and/or at the EPA Region 4 Office (please contact the person identified in the ``For Further Information Contact'' section of this preamble for more information). Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally-enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.\1\ --------------------------------------------------------------------------- \1\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- V. Final Action EPA is taking final action to approve portions of Alabama's May 19, 2017, submission submitted by the State of Alabama through ADEM. The submission revises Rule 335-3-1-.02--Definitions and Rule 335-3-4-.08-- Wood Waste Boilers. VI. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. This action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 104-4); does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or [[Page 47633]] safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). The SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 12, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: September 29, 2017. Onis ``Trey'' Glenn, III, Regional Administrator, Region 4. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart B--Alabama 0 2. Section 52.50(c) is amended by revising the entries for ``Section 335-3-1-.02'' and ``Section 335-3-4-.08'' to read as follows: Sec. 52.50 Identification of plan. * * * * * (c) * * * EPA Approved Alabama Regulations ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective EPA approval date Explanation date ---------------------------------------------------------------------------------------------------------------- Chapter No. 335-3-1 General Provision ---------------------------------------------------------------------------------------------------------------- * * * * * * * Section 335-3-1-.02............ Definitions...... 6/9/2017 10/13/2017; ............................ [Insert citation of publication]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- Chapter 335-3-4 Control of Particulate Emissions ---------------------------------------------------------------------------------------------------------------- * * * * * * * Section 335-3-4-.08............ Wood Waste 6/9/2017 10/13/2017; ............................ Boilers. [Insert citation of publication]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2017-22099 Filed 10-12-17; 8:45 am] BILLING CODE 6560-50-P
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describing the progress toward Implementation Plan (SIP) to revise the removes particulate emission and
reasonable progress goals (RPGs) definition of ‘‘volatile organic opacity limits for Talladega County.
established for regional haze and a compounds’’ (VOCs), correct a
II. Background
determination of adequacy of the State’s typographical error, and remove control
existing regional haze SIP. This action is of particulate emissions and opacity On August 16, 2017 (82 FR 38865),
being taken in accordance with the limits for Talladega County. EPA is EPA proposed to approve the
Clean Air Act. approving the SIP revisions submitted aforementioned changes, among others,
DATES: The direct final rule published by the State of Alabama, through the to the SIP. This proposed rule
Alabama Department of Environmental accompanied a direct final rule
on August 16, 2017 (82 FR 38834), is
Management (ADEM), on May 19, 2017. published on the same day in the
withdrawn effective October 13, 2017.
This action is being taken pursuant to Federal Register (82 FR 38841). EPA
FOR FURTHER INFORMATION CONTACT: received an adverse comment on the
Anne K. McWilliams, Air Quality the Clean Air Act (CAA or Act).
direct final rulemaking only on the
Planning Unit, U.S. Environmental DATES: This rule is effective November
changes made to Rule 335–3–1–.02 and
Protection Agency, New England 13, 2017. Rule 335–3–4–.08. Accordingly, EPA is
Regional Office, 5 Post Office Square— ADDRESSES: EPA has established a withdrawing the direct final action
Suite 100, (Mail code OEP05–2), Boston, docket for this action under Docket through a separate action published
MA 02109—3912, telephone (617) 918– Identification No. EPA–R04–OAR– elsewhere in this issue of the Federal
1697, facsimile (617) 918–0697, email 2017–0436. All documents in the docket Register and is taking final action on the
mcwilliams.anne@epa.gov. are listed on the www.regulations.gov changes to Rule 335–3–1–.02 and Rule
SUPPLEMENTARY INFORMATION: In the Web site. Although listed in the index, 335–3–4–.08 in this final rule.
direct final rule, EPA stated that if some information is not publicly
adverse comments were submitted by available, i.e., Confidential Business A. Rule 335–3–1–.02—Definitions
September 15, 2017, the rule would be Information or other information whose On November 29, 2004, and August 1,
withdrawn and not take effect. EPA disclosure is restricted by statute. 2016, EPA issued final rules revising the
received an adverse comment prior to Certain other material, such as definition of VOCs by adding new
the close of the comment period and, copyrighted material, is not placed on compounds (tertiary butyl acetate (or t-
therefore, is withdrawing the direct final the Internet and will be publicly Butyl acetate) and 1,1,2,2-Tetrafluoro-1-
rule. EPA will address the comment in available only in hard copy form. (2,2,2-trifluoroethoxyl) ethane) to the
a subsequent final action based upon Publicly available docket materials are list of those that are considered to be
the proposed rule also published on available either electronically through negligibly reactive compounds, and on
August 16, 2017 (82 FR 38864). EPA www.regulations.gov or in hard copy at February 25, 2016 (81 FR 9339), EPA
will not institute a second comment the Air Regulatory Management Section, issued a final rule removing
period on this action. Air Planning and Implementation recordkeeping, emissions reporting,
Dated: September 27, 2017. Branch, Air, Pesticides and Toxics photochemical dispersion modeling,
Management Division, U.S. and inventory requirements for t-Butyl
Deborah A. Szaro,
Environmental Protection Agency, acetate. The State’s May 19, 2017, SIP
Acting Regional Administrator, EPA New revision adds these compounds to the
England.
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA list of negligibly reactive compounds
PART 52—APPROVAL AND requests that if at all possible, you under ADEM Rule 335–3–1–.02 subpart
PROMULGATION OF contact the person listed in the FOR (gggg). The SIP revision also removes
IMPLEMENTATION PLANS FURTHER INFORMATION CONTACT section to the recordkeeping, emissions reporting,
schedule your inspection. The Regional photochemical dispersion modeling,
■ Accordingly, the amendments to 40 Office’s official hours of business are and inventory requirements requirement
CFR 52.2370 published in the Federal Monday through Friday 8:30 a.m. to for t-Butyl acetate. Additionally, the
Register on August 16, 2017 (82 FR 4:30 p.m., excluding Federal holidays. submittal makes a typographical
38834), on page 38838 are withdrawn FOR FURTHER INFORMATION CONTACT:
correction under subpart (gggg)(iii). EPA
effective October 13, 2017. Richard Wong, Air Regulatory proposes to approve these revisions
[FR Doc. 2017–22123 Filed 10–12–17; 8:45 am] Management Section, Air Planning and because they are consistent with the
BILLING CODE 6560–50–P Implementation Branch, Air, Pesticides definition of VOC at 40 CFR 51.100(s).
The State’s addition of exemptions
and Toxics Management Division, U.S.
from the definition of VOCs and
Environmental Protection Agency,
ENVIRONMENTAL PROTECTION removal of recordkeeping, emissions
Region 4, 61 Forsyth Street SW.,
AGENCY reporting, photochemical dispersion
Atlanta, Georgia 30303–8960. The
modeling, and inventory requirements
telephone number is (404) 562–8726.
40 CFR Part 52 for t-butyl acetate are approvable under
Mr. Wong can be reached via electronic
section 110(l) because they reflect
[EPA–R04–OAR–2017–0436; FRL–9969–36– mail at wong.richard@epa.gov.
changes to Federal regulations based on
Region 4] SUPPLEMENTARY INFORMATION: findings that the exempted compounds
Air Plan Approval; AL; VOC Definitions I. What action is the Agency taking? are negligibly reactive. The
and Particulate Emissions typographical error correction makes
In this rulemaking, EPA is approving ministerial changes for consistency.
nlaroche on DSK9F9SC42PROD with RULES
AGENCY: Environmental Protection changes to the Alabama SIP, submitted
Agency (EPA). by the State on May 19, 2017. The B. Rule 335–3–4–.08—Wood Waste
submission revises ADEM Rule 335–3– Boilers
ACTION: Final rule.
1–.02—Definitions and Rule 335–3–4– Rule 335–3–4–.08—Wood Waste
SUMMARY: The Environmental Protection .08—Wood Waste Boilers. Specifically, Boilers was adopted into the Alabama
Agency (EPA) is taking final action to this rulemaking revises the definition of SIP on April 23, 1974 (39 FR 14338), to
approve changes to the Alabama State VOCs, corrects a typographical error and provide emission limits based on
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safety risks subject to Executive Order that before a rule may take effect, the List of Subjects in 40 CFR Part 52
13045 (62 FR 19885, April 23, 1997); agency promulgating the rule must
• is not a significant regulatory action Environmental protection, Air
submit a rule report, which includes a
subject to Executive Order 13211 (66 FR pollution control, Incorporation by
copy of the rule, to each House of the
28355, May 22, 2001); reference, Intergovernmental relations,
Congress and to the Comptroller General
• is not subject to requirements of Nitrogen dioxide, Ozone, Particulate
of the United States. EPA will submit a
section 12(d) of the National matter, Reporting and recordkeeping
report containing this action and other
Technology Transfer and Advancement requirements, Volatile organic
required information to the U.S. Senate,
Act of 1995 (15 U.S.C. 272 note) because compounds.
the U.S. House of Representatives, and
application of those requirements would the Comptroller General of the United Dated: September 29, 2017.
be inconsistent with the CAA; and States prior to publication of the rule in Onis ‘‘Trey’’ Glenn, III,
• does not provide EPA with the the Federal Register. A major rule Regional Administrator, Region 4.
discretionary authority to address, as cannot take effect until 60 days after it
appropriate, disproportionate human is published in the Federal Register. 40 CFR part 52 is amended as follows:
health or environmental effects, using This action is not a ‘‘major rule’’ as
practicable and legally permissible PART 52—APPROVAL AND
defined by 5 U.S.C. 804(2).
methods, under Executive Order 12898 PROMULGATION OF
(59 FR 7629, February 16, 1994). Under section 307(b)(1) of the CAA, IMPLEMENTATION PLANS
The SIP is not approved to apply on petitions for judicial review of this
any Indian reservation land or in any action must be filed in the United States ■ 1. The authority citation for part 52
other area where EPA or an Indian tribe Court of Appeals for the appropriate continues to read as follows:
has demonstrated that a tribe has circuit by December 12, 2017. Filing a Authority: 42 U.S.C. 7401 et seq.
jurisdiction. In those areas of Indian petition for reconsideration by the
country, the rule does not have tribal Administrator of this final rule does not Subpart B—Alabama
implications as specified by Executive affect the finality of this action for the
Order 13175 (65 FR 67249, November 9, purposes of judicial review nor does it ■ 2. Section 52.50(c) is amended by
2000), nor will it impose substantial extend the time within which a petition revising the entries for ‘‘Section 335–3–
direct costs on tribal governments or for judicial review may be filed, and 1–.02’’ and ‘‘Section 335–3–4–.08’’ to
preempt tribal law. shall not postpone the effectiveness of read as follows:
The Congressional Review Act, 5 such rule or action. This action may not
be challenged later in proceedings to § 52.50 Identification of plan.
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement enforce its requirements. See section * * * * *
Fairness Act of 1996, generally provides 307(b)(2). (c) * * *
EPA APPROVED ALABAMA REGULATIONS
State
State citation Title/subject effective EPA approval date Explanation
date
Chapter No. 335–3–1 General Provision
* * * * * * *
Section 335–3–1-.02 ................... Definitions .................................... 6/9/2017 10/13/2017; [Insert citation of
publication].
* * * * * * *
Chapter 335–3–4 Control of Particulate Emissions
* * * * * * *
Section 335–3–4-.08 ................... Wood Waste Boilers .................... 6/9/2017 10/13/2017; [Insert citation of
publication].
* * * * * * *
* * * * *
[FR Doc. 2017–22099 Filed 10–12–17; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION Further, EPA explained that the Agency ENVIRONMENTAL PROTECTION
AGENCY was publishing a separate document in AGENCY
the proposed rules section of the
40 CFR Part 52 Federal Register to serve as the proposal 40 CFR Part 52
[EPA–R04–OAR–2017–0388; FRL–9969–31– to approve the SIP revisions should an [EPA–R04–OAR–2007–0085; FRL–9969–33–
Region 4] adverse comment be filed. EPA also Region 4]
noted that the rule would be effective
Air Plan Approval: South Carolina; generally 30 days after the close of the Air Plan Approval; North Carolina; Air
Standards for Volatile Organic public comment period, without further Curtain Burners
Compounds and Oxides of Nitrogen notice unless the Agency received AGENCY: Environmental Protection
AGENCY: Environmental Protection adverse comment by the close of the Agency (EPA).
Agency (EPA). public comment period. EPA explained ACTION: Withdrawal of direct final rule.
ACTION: Withdrawal of direct final rule.
that if the Agency received such
comments, then EPA would publish a SUMMARY: Due to receipt of an adverse
SUMMARY: Due to the receipt of an document withdrawing the final rule comment, the Environmental Protection
adverse comment, the Environmental and informing the public that the rule Agency (EPA) is withdrawing the
Protection Agency (EPA) is withdrawing would not take effect. EPA specified, August 17, 2017, direct final rule that
a portion of the August 16, 2017, direct however, that if a comment were approves portions of North Carolina
final rule that approves changes to received on an amendment, paragraph, State Implementation Plan (SIP)
South Carolina’s state implementation or section of this rule and if that revisions related to changes to an air
plan (SIP) related to the regulation of provision may be severed from the curtain burner regulation. EPA stated in
volatile organic compounds (VOC) and remainder of the rule, EPA may adopt the direct final rules that if EPA
oxides of nitrogen (NOX). EPA will as final those provisions of the rule that received adverse comments by the close
address the comment in a separate final are not the subject of an adverse of the public comment period, the rules
action based upon the proposed comment. It was also explained that all would be withdrawn and not take effect.
rulemaking action, also published on public comments received would then EPA will address the comment in a
August 16, 2017. EPA will not institute be addressed in a subsequent final rule subsequent final action based upon the
a second comment period on this action. based on the proposed rule, and that proposed rulemaking action, also
DATES: The amendment to 40 CFR EPA would not institute a second published on August 17, 2017.
52.2120(c) at Regulation 62.5, Standard comment period on this action. DATES: The direct final rule published
No. 5.2 (amendatory instruction 2.b) August 17, 2017 at 82 FR 39027 is
EPA received one adverse comment
published at 82 FR 38828, on August 16, withdrawn, effective October 13, 2017.
2017, is withdrawn, effective October from a single Commenter on the portion
FOR FURTHER INFORMATION CONTACT:
13, 2017. of the direct finale rule that made
changes to Regulation 61–62.5, Standard Nacosta C. Ward, Air Regulatory
FOR FURTHER INFORMATION CONTACT: Management Section, Air Planning and
No. 5.2 only. As a result of the comment
D. Brad Akers, Air Regulatory Implementation Branch, Air, Pesticides
received, EPA is withdrawing only the
Management Section, Air Planning and and Toxics Management Division, U.S.
portion of the direct final rule approving
Implementation Branch, Air, Pesticides Environmental Protection Agency,
changes to the South Carolina SIP at
and Toxics Management Division, U.S. Region 4, 61 Forsyth Street SW.,
Environmental Protection Agency, Regulation 61–62.5, Standard No. 5.2, as Atlanta, Georgia 30303–8960. Ms. Ward
Region 4, 61 Forsyth Street SW., submitted in the October 1, 2007, SIP can be reached via telephone at (404)
Atlanta, Georgia 30303–8960. Mr. Akers revision. The EPA will address the 562–9140, or via electronic mail at
can be reached via telephone at (404) comment in a separate final action ward.nacosta@epa.gov.
562–9089 or via electronic mail at based on the proposed action also
SUPPLEMENTARY INFORMATION: On August
akers.brad@epa.gov. published on August 16, 2017 (82 FR
17, 2017 (82 FR 39027), EPA published
SUPPLEMENTARY INFORMATION: On August
38865). EPA will not open a second a direct final rulemaking approving
16, 2017 (82 FR 38825), EPA published comment period for this action. portions of SIP revisions submitted by
a direct final rule approving portions of List of Subjects in 40 CFR Part 52 State of North Carolina through the
several SIP revisions submitted by the North Carolina Department of
State of South Carolina, through the Environmental protection, Air Environmental Quality (formerly the
South Carolina Department of Health pollution control, Incorporation by North Carolina Department of
and Environmental Control, on October reference, Nitrogen dioxide, Volatile Environment and Natural Resources),
1, 2007, June 17, 2013, and January 20, organic compounds. Division of Air Quality. Specifically,
2016. EPA took a direct final action to Dated: September 29, 2017. EPA took direct final action to approve
approve portions of the October 1, 2007, portions of North Carolina’s October 14,
Onis ‘‘Trey’’ Glenn, III,
June 17, 2013, and January 20, 2016, 2004, March 24, 2006, and January 31,
submissions that made changes to Regional Administrator, Region 4. 2008 submissions that make changes to
Regulation 61–62.5, Standard No. 5— ■ Accordingly, the amendments to 40 Regulation 15A NCAC Subchapter 2D—
‘‘Volatile Organic Compounds,’’ and Air Pollution Control Requirements,
CFR 52.2120(c) at Regulation 62.5,
Regulation 61–62.5, Standard No. 5.2— Section .1904, Air Curtain Burners.
Standard No. 5.2 (amendatory
‘‘Control of Oxides of Nitrogen (NOX).’’ These SIP revisions were submitted to
nlaroche on DSK9F9SC42PROD with RULES
instruction 2.b) published on August 16,
In the direct final rule, EPA explained make changes to the requirements for
that the Agency was publishing the rule 2017 (82 FR 38825), which were to permits obtained for air curtain burners
without prior proposal because the become effective October 16, 2017, are as defined by 40 CFR 60.2245 through
Agency viewed the submittal as a non- withdrawn. 60.2265, permanent burning sites or
controversial SIP amendment and [FR Doc. 2017–22122 Filed 10–12–17; 8:45 am] materials transported from burning site
anticipated no adverse comments. BILLING CODE 6560–50–P to burning site; make clarifications to
VerDate Sep<11>2014 17:23 Oct 12, 2017 Jkt 244001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\13OCR1.SGM 13OCR1](https://thefederalregister.org/doc/82_FR_47828/page/4.svg)
Document Created: 2017-10-13 04:33:52
Document Modified: 2017-10-13 04:33:52
| 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 | Final rule. | |
| Dates | This rule is effective November 13, 2017. | |
| Contact | Richard Wong, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 562-8726. Mr. Wong can be reached via electronic mail at [email protected] | |
| FR Citation | 82 FR 47631 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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