82_FR_60761 82 FR 60517 - Approval and Promulgation of Implementation Plans; Arkansas; Revisions to the Definitions for Arkansas Plan of Implementation for Air Pollution Control: Volatile Organic Compounds

82 FR 60517 - Approval and Promulgation of Implementation Plans; Arkansas; Revisions to the Definitions for Arkansas Plan of Implementation for Air Pollution Control: Volatile Organic Compounds

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 244 (December 21, 2017)

Page Range60517-60520
FR Document2017-27458

The Environmental Protection Agency (EPA) is approving a portion of the revision to the Arkansas State Implementation Plan (SIP) submitted by Arkansas Department of Environmental Quality (ADEQ) on March 24, 2017. The revision updates the definition of ``volatile organic compounds'' (VOC). Specifically, the submitted revision will incorporate the EPA's latest definition of VOC on the basis that these compounds make negligible contribution to tropospheric ozone formation. This action is being taken pursuant to the Clean Air Act (CAA or Act).

Federal Register, Volume 82 Issue 244 (Thursday, December 21, 2017)
[Federal Register Volume 82, Number 244 (Thursday, December 21, 2017)]
[Rules and Regulations]
[Pages 60517-60520]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27458]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2017-0699; FRL-9971-86-Region 6]


Approval and Promulgation of Implementation Plans; Arkansas; 
Revisions to the Definitions for Arkansas Plan of Implementation for 
Air Pollution Control: Volatile Organic Compounds

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving a 
portion of the revision to the Arkansas State Implementation Plan (SIP) 
submitted by Arkansas Department of Environmental Quality (ADEQ) on 
March 24, 2017. The revision updates the definition of ``volatile 
organic compounds'' (VOC). Specifically, the submitted revision will 
incorporate the EPA's latest definition of VOC on the basis that these 
compounds make 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 March 21, 2018, unless EPA 
receives relevant adverse comments by January

[[Page 60518]]

22, 2018. 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-
2017-0699, at http://www.regulations.gov or via email to 
salem.nevine@epa.gov. 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, salem.nevine@epa.gov. 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, 
salem.nevine@epa.gov. 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

    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 (excluding carbon monoxide, carbon dioxide, carbonic acid, 
metallic carbides or carbonates, and ammonium carbonate) 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.
    EPA periodically revises the list of negligibly reactive compounds 
to add or delete VOCs from regulation on the basis that these compounds 
make a negligible contribution to tropospheric ozone 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.
    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 Arkansas submittal will update its SIP to 
be consistent with current EPA definitions to provide clarity and 
consistency for owners and operators of sources subject to ADEQ rules 
regarding VOC control.
    The specific organic compounds that will be excluded from ADEQ's 
definition of VOC that is in the SIP with this revision include: trans-
1,3,3,3-tetrafluoropropene; 2,3,3,3-tertrafluropropene; \1\ 
HCF2OCF2H (HFE-134); 
HCF2OCF2OCF2H (HFE-236cal2); 
HCF2OCF2CF2OCF2H (HFE-
338pcc13); 
HCF2OCF2OCF2CF2OCF2
OCF2H (H-Galden 1040x or H-Galden ZT 130 (or 150 or 180)); 
\2\ trans 1-chloro-3,3,3-trifluoroprop-1-ene; \3\ and 2-amino-2-methyl-
1-propanol.\4\
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    \1\ See 78 FR 62451, October 22, 2013--Exclusion of trans-1&2, 
3,3,3,-tetrafluoropropene.
    \2\ See 78 FR 9823, February 12, 2013--Exclusion of group of 
four Hydrofluoropolyethers (HPEPs).
    \3\ See 78 FR 53029, August 28, 2013--Exclusion of trans 1-
Chloro-3,3,3 trifluoroprop-1-ene.
    \4\ See 79 FR 17037, March 27, 2014--Exclusion of 2-amino-2-
methyl-1-propanol.
---------------------------------------------------------------------------

II. The EPA's Evaluation

    On March 24, 2017, ADEQ submitted SIP revisions to EPA for review 
and approval. A portion of the submitted revision update the definition 
of VOC found at the Arkansas Pollution Control & Ecology Commission's 
(Commission or APC&EC) Regulation No. 19, Regulations of the Arkansas 
Plan of Implementation for Air Pollution Control. Specifically, the 
revision adds trans-1,3,3,3-tetrafluoropropene; 2,3,3,3-
tertrafluropropene; HCF2OCF2H (HFE-134); 
HCF2OCF2OCF2H (HFE-236cal2); 
HCF2OCF2CF2OCF2H (HFE-
338pcc13); 
HCF2OCF2OCF2CF2OCF2
OCF2H (H-Galden 1040x or H-Galden ZT 130 (or 150 or 180)); 
trans 1-chloro-3,3,3-trifluoroprop-1-ene; and 2-amino-2-methyl-1-
propanol to the list of compounds excluded from the VOC definition on 
the basis that these compounds make a negligible contribution to the 
tropospheric ozone formation. These changes are consistent with EPA's 
definition of VOC at 40 CFR 51.100(s), section 110 of the CAA and meet 
the regulatory requirements pertaining to the SIPs.\5\ Pursuant to CAA 
section 110(I), the Administrator shall not approve a revision of a 
plan if the revisions would interfere with any applicable requirement 
concerning attainment and reasonable further

[[Page 60519]]

progress (as defined in CAA section 171), or any other applicable 
requirement of the Act. The revision to Arkansas Regulation No. 19, 
Chapter 2: Definitions, is approvable under section 110(l) because it 
reflects changes to federal regulations based on findings that the 
aforementioned compounds are negligibly reactive.\6\
---------------------------------------------------------------------------

    \5\ See Interim Guidance on Control of Volatile Organic 
Compounds in Ozone Implementation Plans. (70 FR 54046, September 13, 
2005).
    \6\ Please see footnotes 1 through 4 in this rulemaking.
---------------------------------------------------------------------------

III. Final Action

    Pursuant to section 110 of the CAA, EPA is approving the revision 
to the Arkansas SIP updating the VOC definition. EPA has evaluated 
Arkansas' March 24, 2017, submittal and has determined that it meets 
the applicable requirements of the CAA and EPA regulations and 
consistent with EPA policy.
    The EPA is publishing this rule without prior proposal because we 
view this as a non-controversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the SIP revision if relevant adverse 
comments are received. This rule will be effective on March 21, 2018 
without further notice unless we receive relevant adverse comment by 
January 22, 2018. If we receive relevant adverse comments, we will 
publish a timely withdrawal in the Federal Register informing the 
public that the rule will not take effect. We will address all public 
comments in a subsequent final rule based on the proposed rule. We will 
not institute a second comment period on this action. Any parties 
interested in commenting must do so now. Please note that if we receive 
relevant adverse comment on an amendment, paragraph, or section of this 
rule and if that provision may be severed from the remainder of the 
rule, we may adopt as final those provisions of the rule that are not 
the subject of an adverse comment.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, the EPA is finalizing the incorporation by reference of the 
revisions to the Arkansas regulations as described in the Final Action 
section above. The EPA has made, and will continue to make, these 
materials generally available through www.regulations.gov and/or at the 
EPA Region 6 Office (please contact Ms. Nevine Salem 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 (62 FR 
27968, May 22, 1997).

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    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 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).
    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. The EPA will submit a report containing this rule 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 February 20, 2018. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule 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).)
    Samuel Coleman was designated the Acting Regional Administrator on 
December 15, 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,

[[Page 60520]]

Reporting and recordkeeping requirements.

    Dated: December 15, 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 E--Arkansas

0
2. In Sec.  52.170, in paragraph (c), the table titled ``EPA-Approved 
Regulations in the Arkansas SIP'' is amended by revising the entry for 
Regulation No. 19, Chapter 2, to read as follows:


Sec.  52.170  Identification of plan.

* * * * *
    2. (c) * * *

                                  EPA-Approved Regulations in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
                                                          State
         State citation             Title/subject      submittal/       EPA approval date         Explanation
                                                     effective date
----------------------------------------------------------------------------------------------------------------
         Regulation No. 19: Regulations of the Arkansas Plan of Implementation for Air Pollution Control
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                             Chapter 2: Definitions
----------------------------------------------------------------------------------------------------------------
Chapter 2......................  Definitions.......       3/24/2017  12/21/2017, [Insert      ..................
                                                                      Federal Register
                                                                      citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2017-27458 Filed 12-20-17; 8:45 am]
BILLING CODE 6560-50-P



                                                              Federal Register / Vol. 82, No. 244 / Thursday, December 21, 2017 / Rules and Regulations                                            60517

                                             contest an initial Finding of Violation                  available to the alleged violator that                Secretary of the Treasury has delegated
                                             by providing a written response to                       supports the arguments set forth in the               authority so to act.
                                             OFAC.                                                    response. OFAC will consider all
                                                (2) Deadline for response; Default                    relevant materials submitted in the                   Subpart I—Paperwork Reduction Act
                                             determination. A response to an initial                  response.                                             § 584.901   Paperwork Reduction Act notice.
                                             Finding of Violation must be made                          (c)(1) Determination. If, after
                                             within 30 days as set forth in this                                                                              For approval by the Office of
                                                                                                      considering the response, OFAC
                                             paragraph (b). The failure to submit a                                                                         Management and Budget (OMB) under
                                                                                                      determines that a final Finding of
                                             response within 30 days shall be                                                                               the Paperwork Reduction Act of 1995
                                                                                                      Violation should be issued, OFAC will
                                             deemed to be a waiver of the right to                                                                          (44 U.S.C. 3507) of information
                                                                                                      issue a final Finding of Violation that
                                             respond, and the initial Finding of                                                                            collections relating to recordkeeping
                                                                                                      will inform the violator of its decision.
                                             Violation will become final and will                                                                           and reporting requirements, licensing
                                                                                                      A final Finding of Violation shall
                                             constitute final agency action. The                                                                            procedures, and other procedures, see
                                                                                                      constitute final agency action. The
                                             violator has the right to seek judicial                                                                        § 501.901 of this chapter. An agency
                                                                                                      violator has the right to seek judicial
                                             review of that final agency action in                                                                          may not conduct or sponsor, and a
                                                                                                      review of that final agency action in
                                             Federal district court.                                                                                        person is not required to respond to, a
                                                                                                      Federal district court.
                                                (i) Computation of time for response.                                                                       collection of information unless it
                                             A response to an initial Finding of                         (2) Determination that a Finding of                displays a valid control number
                                             Violation must be postmarked or date-                    Violation is not warranted. If, after                 assigned by OMB.
                                             stamped by the U.S. Postal Service (or                   considering the response, OFAC
                                                                                                      determines a Finding of Violation is not                Dated: December 11, 2017.
                                             foreign postal service, if mailed abroad)                                                                      John E. Smith,
                                             or courier service provider (if                          warranted, then OFAC will inform the
                                                                                                      alleged violator of its decision not to               Director, Office of Foreign Assets Control.
                                             transmitted to OFAC by courier) on or
                                             before the 30th day after the postmark                   issue a final Finding of Violation.                     Approved: December 11, 2017.
                                             date on the envelope in which the                          Note to paragraph (c)(2): A determination           Sigal P. Mandelker,
                                             initial Finding of Violation was served.                 by OFAC that a final Finding of Violation is          Under Secretary, Office of Terrorism and
                                             If the initial Finding of Violation was                  not warranted does not preclude OFAC from             Financial Intelligence, Department of the
                                             personally delivered by a non-U.S.                       pursuing other enforcement actions                    Treasury.
                                             Postal Service agent authorized by                       consistent with the Guidelines contained in           [FR Doc. 2017–27499 Filed 12–20–17; 8:45 am]
                                                                                                      appendix A to part 501 of this chapter.
                                             OFAC, a response must be postmarked                                                                            BILLING CODE 4810–AL–P
                                             or date-stamped on or before the 30th                      (d) Representation. A representative
                                             day after the date of delivery.                          of the alleged violator may act on behalf
                                                (ii) Extensions of time for response. If              of the alleged violator, but any oral                 ENVIRONMENTAL PROTECTION
                                             a due date falls on a Federal holiday or                 communication with OFAC prior to a                    AGENCY
                                             weekend, that due date is extended to                    written submission regarding the
                                             include the following business day. Any                  specific alleged violations contained in              40 CFR Part 52
                                             other extensions of time will be granted,                the initial Finding of Violation must be              [EPA–R06–OAR–2017–0699; FRL–9971–86–
                                             at the discretion of OFAC, only upon                     preceded by a written letter of                       Region 6]
                                             specific request to OFAC.                                representation, unless the initial
                                                (3) Form and method of response. A                    Finding of Violation was served upon                  Approval and Promulgation of
                                             response to an initial Finding of                        the alleged violator in care of the                   Implementation Plans; Arkansas;
                                             Violation need not be in any particular                  representative.                                       Revisions to the Definitions for
                                             form, but it must be typewritten and                                                                           Arkansas Plan of Implementation for
                                             signed by the alleged violator or a                      Subpart H—Procedures                                  Air Pollution Control: Volatile Organic
                                             representative thereof, must contain                                                                           Compounds
                                             information sufficient to indicate that it               § 584.801    Procedures.
                                             is in response to the initial Finding of                    For license application procedures                 AGENCY: Environmental Protection
                                             Violation, and must include the OFAC                     and procedures relating to amendments,                Agency (EPA).
                                             identification number listed on the                      modifications, or revocations of                      ACTION: Direct final rule.
                                             initial Finding of Violation. A copy of                  licenses; administrative decisions;
                                             the written response may be sent by                      rulemaking; and requests for documents                SUMMARY:    The Environmental Protection
                                             facsimile, but the original also must be                 pursuant to the Freedom of Information                Agency (EPA) is approving a portion of
                                             sent to OFAC by mail or courier and                      and Privacy Acts (5 U.S.C. 552 and                    the revision to the Arkansas State
                                             must be postmarked or date-stamped in                    552a), see part 501, subpart E, of this               Implementation Plan (SIP) submitted by
                                             accordance with paragraph (b)(2) of this                 chapter.                                              Arkansas Department of Environmental
                                             section.                                                                                                       Quality (ADEQ) on March 24, 2017. The
                                                (4) Information that should be                        § 584.802 Delegation by the Secretary of              revision updates the definition of
                                             included in response. Any response                       the Treasury.                                         ‘‘volatile organic compounds’’ (VOC).
                                             should set forth in detail why the                         Any action that the Secretary of the                Specifically, the submitted revision will
                                             alleged violator either believes that a                  Treasury is authorized to take pursuant               incorporate the EPA’s latest definition
                                             violation of the regulations did not                     to the Magnitsky Act; Presidential                    of VOC on the basis that these
                                             occur and/or why a Finding of Violation                  Memorandum of April 5, 2013:                          compounds make negligible
                                             is otherwise unwarranted under the                       Delegation of Functions Under Section                 contribution to tropospheric ozone
daltland on DSKBBV9HB2PROD with RULES




                                             circumstances, with reference to the                     404 and 406 of Public Law 112–208 (78                 formation. This action is being taken
                                             General Factors Affecting                                FR 22761, April 16, 2013); or any                     pursuant to the Clean Air Act (CAA or
                                             Administrative Action set forth in the                   Executive orders or further Presidential              Act).
                                             Guidelines contained in appendix A to                    action relating to the Magnitsky Act,                 DATES: This direct final rule is effective
                                             part 501. The response should include                    may be taken by the Director of OFAC                  March 21, 2018, unless EPA receives
                                             all documentary or other evidence                        or by any other person to whom the                    relevant adverse comments by January


                                        VerDate Sep<11>2014    17:05 Dec 20, 2017   Jkt 244001   PO 00000   Frm 00013   Fmt 4700   Sfmt 4700   E:\FR\FM\21DER1.SGM   21DER1


                                             60518            Federal Register / Vol. 82, No. 244 / Thursday, December 21, 2017 / Rules and Regulations

                                             22, 2018. If EPA receives relevant                       limit the amount of VOCs that can be                     The EPA lists compounds that it has
                                             adverse comments, EPA will publish a                     released into the atmosphere. VOCs are                determined to be negligibly reactive in
                                             timely withdrawal of the rule in the                     those organic compounds of carbon                     its regulations as being excluded from
                                             Federal Register and inform the public                   (excluding carbon monoxide, carbon                    the definition of VOC. (40 CFR
                                             that the rule will not take effect.                      dioxide, carbonic acid, metallic carbides             51.100(s)). The Arkansas submittal will
                                             ADDRESSES: Submit your comments,                         or carbonates, and ammonium                           update its SIP to be consistent with
                                             identified by Docket No. EPA–R06–                        carbonate) that form ozone through                    current EPA definitions to provide
                                             OAR–2017–0699, at http://                                atmospheric photochemical reactions.                  clarity and consistency for owners and
                                             www.regulations.gov or via email to                      Different VOCs have different levels of               operators of sources subject to ADEQ
                                             salem.nevine@epa.gov. Follow the                         reactivity. That is, they do not react to             rules regarding VOC control.
                                             online instructions for submitting                       form ozone at the same speed or do not                   The specific organic compounds that
                                             comments. Once submitted, comments                       form ozone to the same extent. Some                   will be excluded from ADEQ’s
                                             cannot be edited or removed from                         VOCs react slowly or form less ozone;                 definition of VOC that is in the SIP with
                                             Regulations.gov. The EPA may publish                     therefore, changes in their emissions                 this revision include: trans-1,3,3,3-
                                             any comment received to its public                       have less and, in some cases, very                    tetrafluoropropene; 2,3,3,3-
                                             docket. Do not submit electronically any                 limited effects on local or regional                  tertrafluropropene; 1 HCF2OCF2H (HFE-
                                             information you consider to be                           ozone pollution episodes. It has been                 134); HCF2OCF2OCF2H (HFE-236cal2);
                                             Confidential Business Information (CBI)                  the EPA’s policy that organic                         HCF2OCF2CF2OCF2H (HFE-338pcc13);
                                             or other information whose disclosure is                 compounds with a negligible level of                  HCF2OCF2OCF2CF2OCF2OCF2H (H-
                                             restricted by statute. Multimedia                        reactivity should be excluded from the                Galden 1040x or H-Galden ZT 130 (or
                                             submissions (audio, video, etc.) must be                 regulatory VOC definition so as to focus              150 or 180)); 2 trans 1-chloro-3,3,3-
                                             accompanied by a written comment.                        VOC control efforts on compounds that                 trifluoroprop-1-ene; 3 and 2-amino-2-
                                             The written comment is considered the                    do significantly increase ozone                       methyl-1-propanol.4
                                             official comment and should include                      concentrations. The EPA also believes
                                                                                                                                                            II. The EPA’s Evaluation
                                             discussion of all points you wish to                     that exempting such compounds creates
                                             make. The EPA will generally not                         an incentive for industry to use                         On March 24, 2017, ADEQ submitted
                                             consider comments or comment                             negligibly reactive compounds in place                SIP revisions to EPA for review and
                                             contents located outside of the primary                  of more highly reactive compounds that                approval. A portion of the submitted
                                             submission (i.e. on the web, cloud, or                   are regulated as VOCs.                                revision update the definition of VOC
                                             other file sharing system). For                             EPA periodically revises the list of               found at the Arkansas Pollution Control
                                             additional submission methods, please                    negligibly reactive compounds to add or               & Ecology Commission’s (Commission
                                             contact Ms. Nevine Salem, (214) 665–                     delete VOCs from regulation on the                    or APC&EC) Regulation No. 19,
                                             7222, salem.nevine@epa.gov. For the                      basis that these compounds make a                     Regulations of the Arkansas Plan of
                                             full EPA public comment policy,                          negligible contribution to tropospheric               Implementation for Air Pollution
                                             information about CBI or multimedia                      ozone formation. Section 302(s) of the                Control. Specifically, the revision adds
                                             submissions, and general guidance on                     CAA specifies that the EPA has the                    trans-1,3,3,3-tetrafluoropropene; 2,3,3,3-
                                             making effective comments, please visit                  authority to define the meaning of                    tertrafluropropene; HCF2OCF2H (HFE-
                                             http://www2.epa.gov/dockets/                             ‘‘VOC,’’ and hence what compounds                     134); HCF2OCF2OCF2H (HFE-236cal2);
                                             commenting-epa-dockets.                                  shall be treated as VOCs for regulatory               HCF2OCF2CF2OCF2H (HFE-338pcc13);
                                                Docket: The index to the docket for                   purposes. The policy of excluding                     HCF2OCF2OCF2CF2OCF2OCF2H (H-
                                             this action is available electronically at               negligibly reactive compounds from the                Galden 1040x or H-Galden ZT 130 (or
                                             www.regulations.gov and in hard copy                     VOC definition was first set forth in the             150 or 180)); trans 1-chloro-3,3,3-
                                             at the EPA Region 6, 1445 Ross Avenue,                   ‘‘Recommended Policy on Control of                    trifluoroprop-1-ene; and 2-amino-2-
                                             Suite 700, Dallas, Texas. While all                      Volatile Organic Compounds’’ (42 FR                   methyl-1-propanol to the list of
                                             documents in the docket are listed in                    35314, July 8, 1977) and was                          compounds excluded from the VOC
                                             the index, some information may be                       supplemented most recently with the                   definition on the basis that these
                                             publicly available only at the hard copy                 ‘‘Interim Guidance on Control of                      compounds make a negligible
                                             location (e.g., copyrighted material), and               Volatile Organic Compounds in Ozone                   contribution to the tropospheric ozone
                                             some may not be publicly available at                    State Implementation Plans’’ (Interim                 formation. These changes are consistent
                                             either location (e.g., CBI).                             Guidance) (70 FR 54046, September 13,                 with EPA’s definition of VOC at 40 CFR
                                             FOR FURTHER INFORMATION CONTACT: Ms.                     2005). The EPA uses the reactivity of                 51.100(s), section 110 of the CAA and
                                             Nevine Salem, (214) 665–7222,                            ethane as the threshold for determining               meet the regulatory requirements
                                             salem.nevine@epa.gov. To inspect the                     whether a compound has negligible                     pertaining to the SIPs.5 Pursuant to CAA
                                             hard copy materials, please schedule an                  reactivity. Compounds that are less                   section 110(I), the Administrator shall
                                             appointment with Ms. Nevine Salem or                     reactive than, or equally reactive to,                not approve a revision of a plan if the
                                             Mr. Bill Deese at 214–665–7253.                          ethane under certain assumed                          revisions would interfere with any
                                                                                                      conditions may be deemed negligibly                   applicable requirement concerning
                                             SUPPLEMENTARY INFORMATION:
                                                                                                      reactive and therefore suitable for                   attainment and reasonable further
                                             Throughout this document wherever
                                             ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean              exemption from the regulatory                           1 See 78 FR 62451, October 22, 2013—Exclusion
                                             the EPA.                                                 definition of VOC. Compounds that are                 of trans-1&2, 3,3,3,-tetrafluoropropene.
                                                                                                      more reactive than ethane continue to                   2 See 78 FR 9823, February 12, 2013—Exclusion
                                             I. Background                                            be considered VOCs for regulatory
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                                                                                                                                                            of group of four Hydrofluoropolyethers (HPEPs).
                                                Tropospheric ozone, commonly                          purposes and therefore are subject to                   3 See 78 FR 53029, August 28, 2013—Exclusion

                                             known as smog, is formed when VOCs                       control requirements. The selection of                of trans 1-Chloro-3,3,3 trifluoroprop-1-ene.
                                                                                                                                                              4 See 79 FR 17037, March 27, 2014—Exclusion of
                                             and nitrogen oxides (NOX) react in the                   ethane as the threshold compound was
                                                                                                                                                            2-amino-2-methyl-1-propanol.
                                             atmosphere in the presence of sunlight.                  based on a series of smog chamber                       5 See Interim Guidance on Control of Volatile
                                             Because of the harmful health effects of                 experiments that underlay the 1977                    Organic Compounds in Ozone Implementation
                                             ozone, the EPA and state governments                     policy.                                               Plans. (70 FR 54046, September 13, 2005).



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                                                              Federal Register / Vol. 82, No. 244 / Thursday, December 21, 2017 / Rules and Regulations                                       60519

                                             progress (as defined in CAA section                      Nevine Salem for more information).                   Act of 1995 (15 U.S.C. 272 note) because
                                             171), or any other applicable                            Therefore, these materials have been                  application of those requirements would
                                             requirement of the Act. The revision to                  approved by EPA for inclusion in the                  be inconsistent with the CAA; and
                                             Arkansas Regulation No. 19, Chapter 2:                   SIP, have been incorporated by                           • Does not provide EPA with the
                                             Definitions, is approvable under section                 reference by EPA into that plan, are                  discretionary authority to address, as
                                             110(l) because it reflects changes to                    fully federally enforceable under                     appropriate, disproportionate human
                                             federal regulations based on findings                    sections 110 and 113 of the CAA as of                 health or environmental effects, using
                                             that the aforementioned compounds are                    the effective date of the final rulemaking            practicable and legally permissible
                                             negligibly reactive.6                                    of EPA’s approval, and will be                        methods, under Executive Order 12898
                                                                                                      incorporated by reference by the                      (59 FR 7629, February 16, 1994).
                                             III. Final Action                                                                                                 In addition, the SIP is not approved
                                                                                                      Director of the Federal Register in the
                                                Pursuant to section 110 of the CAA,                   next update to the SIP compilation (62                to apply on any Indian reservation land
                                             EPA is approving the revision to the                     FR 27968, May 22, 1997).                              or in any other area where EPA or an
                                             Arkansas SIP updating the VOC                                                                                  Indian tribe has demonstrated that a
                                             definition. EPA has evaluated Arkansas’                  V. Statutory and Executive Order                      tribe has jurisdiction. In those areas of
                                             March 24, 2017, submittal and has                        Reviews                                               Indian country, the rule does not have
                                             determined that it meets the applicable                     Under the Clean Air Act, the                       tribal implications and will not impose
                                             requirements of the CAA and EPA                          Administrator is required to approve a                substantial direct costs on tribal
                                             regulations and consistent with EPA                      SIP submission that complies with the                 governments or preempt tribal law as
                                             policy.                                                  provisions of the Act and applicable                  specified by Executive Order 13175 (65
                                                The EPA is publishing this rule                       Federal regulations. 42 U.S.C. 7410(k);               FR 67249, November 9, 2000).
                                             without prior proposal because we view                   40 CFR 52.02(a). Thus, in reviewing SIP                  The Congressional Review Act, 5
                                             this as a non-controversial amendment                    submissions, EPA’s role is to approve                 U.S.C. 801 et seq., as added by the Small
                                             and anticipate no adverse comments.                      state choices, provided that they meet                Business Regulatory Enforcement
                                             However, in the proposed rules section                   the criteria of the Clean Air Act.                    Fairness Act of 1996, generally provides
                                             of this Federal Register publication, we                 Accordingly, this action merely                       that before a rule may take effect, the
                                             are publishing a separate document that                  approves state law as meeting Federal                 agency promulgating the rule must
                                             will serve as the proposal to approve the                requirements and does not impose                      submit a rule report, which includes a
                                             SIP revision if relevant adverse                         additional requirements beyond those                  copy of the rule, to each House of the
                                             comments are received. This rule will                    imposed by state law. For that reason,                Congress and to the Comptroller General
                                             be effective on March 21, 2018 without                   this action:                                          of the United States. The EPA will
                                             further notice unless we receive relevant                   • Is not a ‘‘significant regulatory                submit a report containing this rule and
                                             adverse comment by January 22, 2018.                     action’’ subject to review by the Office              other required information to the U.S.
                                             If we receive relevant adverse                           of Management and Budget under                        Senate, the U.S. House of
                                             comments, we will publish a timely                       Executive Orders 12866 (58 FR 51735,                  Representatives, and the Comptroller
                                             withdrawal in the Federal Register                       October 4, 1993) and 13563 (76 FR 3821,               General of the United States prior to
                                             informing the public that the rule will                  January 21, 2011);                                    publication of the rule in the Federal
                                             not take effect. We will address all                        • Is not an Executive Order 13771 (82              Register. A major rule cannot take effect
                                             public comments in a subsequent final                    FR 9339, February 2, 2017) regulatory                 until 60 days after it is published in the
                                             rule based on the proposed rule. We                      action because SIP approvals are                      Federal Register. This action is not a
                                             will not institute a second comment                      exempted under Executive Order 12866;                 ‘‘major rule’’ as defined by 5 U.S.C.
                                             period on this action. Any parties                          • Does not impose an information                   804(2).
                                             interested in commenting must do so                      collection burden under the provisions                   Under section 307(b)(1) of the CAA,
                                             now. Please note that if we receive                      of the Paperwork Reduction Act (44                    petitions for judicial review of this
                                             relevant adverse comment on an                           U.S.C. 3501 et seq.);                                 action must be filed in the United States
                                             amendment, paragraph, or section of                         • Is certified as not having a                     Court of Appeals for the appropriate
                                             this rule and if that provision may be                   significant economic impact on a                      circuit by February 20, 2018. Filing a
                                             severed from the remainder of the rule,                  substantial number of small entities                  petition for reconsideration by the
                                             we may adopt as final those provisions                   under the Regulatory Flexibility Act (5               Administrator of this final rule does not
                                             of the rule that are not the subject of an               U.S.C. 601 et seq.);                                  affect the finality of this rule for the
                                             adverse comment.                                            • Does not contain any unfunded                    purposes of judicial review nor does it
                                                                                                      mandate or significantly or uniquely                  extend the time within which a petition
                                             IV. Incorporation by Reference                           affect small governments, as described                for judicial review may be filed, and
                                               In this rule, the EPA is finalizing                    in the Unfunded Mandates Reform Act                   shall not postpone the effectiveness of
                                             regulatory text that includes                            of 1995 (Pub. L. 104–4);                              such rule or action. This action may not
                                             incorporation by reference. In                              • Does not have Federalism                         be challenged later in proceedings to
                                             accordance with the requirements of 1                    implications as specified in Executive                enforce its requirements. (See section
                                             CFR 51.5, the EPA is finalizing the                      Order 13132 (64 FR 43255, August 10,                  307(b)(2).)
                                             incorporation by reference of the                        1999);                                                   Samuel Coleman was designated the
                                             revisions to the Arkansas regulations as                    • Is not an economically significant               Acting Regional Administrator on
                                             described in the Final Action section                    regulatory action based on health or                  December 15, 2017 through the order of
                                             above. The EPA has made, and will                        safety risks subject to Executive Order               succession outlined in Regional Order
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                                             continue to make, these materials                        13045 (62 FR 19885, April 23, 1997);                  R6–1110.13, a copy of which is
                                             generally available through                                 • Is not a significant regulatory action           included in the docket for this action.
                                             www.regulations.gov and/or at the EPA                    subject to Executive Order 13211 (66 FR
                                                                                                      28355, May 22, 2001);                                 List of Subjects in 40 CFR Part 52
                                             Region 6 Office (please contact Ms.
                                                                                                         • Is not subject to requirements of                  Environmental protection, Air
                                               6 Please see footnotes 1 through 4 in this             Section 12(d) of the National                         pollution control, Incorporation by
                                             rulemaking.                                              Technology Transfer and Advancement                   reference, Intergovernmental relations,


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                                             60520             Federal Register / Vol. 82, No. 244 / Thursday, December 21, 2017 / Rules and Regulations

                                             Reporting and recordkeeping                                     PART 52—APPROVAL AND                                    Subpart E—Arkansas
                                             requirements.                                                   PROMULGATION OF
                                                                                                             IMPLEMENTATION PLANS                                    ■ 2. In § 52.170, in paragraph (c), the
                                               Dated: December 15, 2017.
                                                                                                                                                                     table titled ‘‘EPA-Approved Regulations
                                             Samuel Coleman,                                                                                                         in the Arkansas SIP’’ is amended by
                                                                                                             ■ 1. The authority citation for part 52
                                             Acting Regional Administrator, Region 6.                                                                                revising the entry for Regulation No. 19,
                                                                                                             continues to read as follows:
                                                                                                                                                                     Chapter 2, to read as follows:
                                                40 CFR part 52 is amended as follows:                            Authority: 42 U.S.C. 7401 et seq.
                                                                                                                                                                     § 52.170   Identification of plan.
                                                                                                                                                                     *       *     *       *   *
                                                                                                                                                                         2. (c) * * *

                                                                                                  EPA-APPROVED REGULATIONS IN THE ARKANSAS SIP
                                                                                                                         State
                                                                                                                       submittal/
                                                    State citation                       Title/subject                                                   EPA approval date                         Explanation
                                                                                                                        effective
                                                                                                                          date

                                                                        Regulation No. 19: Regulations of the Arkansas Plan of Implementation for Air Pollution Control


                                                         *                          *                            *                      *                       *                      *                  *

                                                                                                                            Chapter 2: Definitions

                                             Chapter 2 .......................   Definitions ....................        3/24/2017     12/21/2017, [Insert Federal Register citation] ..

                                                         *                          *                            *                      *                       *                      *                  *



                                             [FR Doc. 2017–27458 Filed 12–20–17; 8:45 am]                    the ‘‘regional haze program’’). To                      the EPA Region 6, 1445 Ross Avenue,
                                             BILLING CODE 6560–50–P                                          address the Best Available Retrofit                     Suite 700, Dallas, Texas 75202–2733.
                                                                                                             Technology (BART) requirement for                       FOR FURTHER INFORMATION CONTACT:
                                                                                                             sulfur dioxide (SO2), oxides of nitrogen                Jennifer Huser, 214–665–7347.
                                             ENVIRONMENTAL PROTECTION                                        (NOX) and particulate matter (PM), the                  SUPPLEMENTARY INFORMATION:
                                             AGENCY                                                          EPA is finalizing approval of source-by-                Throughout this document ‘‘we,’’ ‘‘us,’’
                                                                                                             source BART determinations for certain                  and ‘‘our’’ means the EPA.
                                             40 CFR Part 52                                                  electric generating and non-electric
                                                                                                             generating units. To address the BART                   I. Background
                                             [EPA–R06–OAR–2016–0520; EPA–R06–
                                                                                                                                                                        A. The Regional Haze Program
                                             OAR–2017–0129; FRL–9971–85–Region 6]                            requirement for NOX for electric
                                                                                                                                                                        B. Our Previous Actions
                                                                                                             generating units, we are finalizing our                    C. CSAPR as an Alternative to Source-
                                             Approval and Promulgation of                                    proposed determination that Louisiana’s                       Specific NOX BART
                                             Implementation Plans; Louisiana;                                participation in the Cross-State Air                    II. Summary of Final Action
                                             Regional Haze State Implementation                              Pollution Rule’s (CSAPR) trading                        III. Response to Comments
                                             Plan                                                            program for ozone-season NOX qualifies                     A. Modeling
                                                                                                             as an alternative to BART.                                 B. NRG Big Cajun II
                                             AGENCY:  Environmental Protection                                                                                          C. Cleco Brame Energy Center
                                             Agency (EPA).                                                   DATES: This rule is effective on January                   D. Entergy Nelson
                                             ACTION: Final rule.                                             22, 2018.                                                  E. Legal
                                                                                                                                                                        F. CSAPR-Better-Than-BART
                                             SUMMARY:    Pursuant to the Federal Clean                       ADDRESSES:   The EPA has established                       H. Long-Term Strategy and Reasonable
                                             Air Act (CAA or the Act), the                                   dockets for this action under Docket ID                       Progress
                                             Environmental Protection Agency (EPA)                           No. EPA–R06–OAR–2016–0520 for non-                         I. Compliance Date for Nelson
                                             is finalizing an approval of revisions to                       electric generating units and Docket ID                 IV. Final Action
                                             the Louisiana State Implementation                              No. EPA–R06–OAR–2017–0129 for                           V. Incorporation by Reference
                                                                                                             electric generating units (EGUs). All                   VI. Statutory and Executive Order Reviews
                                             Plan (SIP) submitted by the State of
                                             Louisiana through the Louisiana                                 documents in the dockets are listed on                  I. Background
                                             Department of Environmental Quality                             the http://www.regulations.gov website.
                                             (LDEQ) that address regional haze for                           Although listed in the index, some                      A. The Regional Haze Program
                                             the first planning period. LDEQ                                 information is not publicly available,                     Regional haze is visibility impairment
                                             submitted these revisions to address the                        e.g., Confidential Business Information                 that is produced by a multitude of
                                             requirements of the Clean Air Act (CAA)                         or other information whose disclosure is                sources and activities that are located
                                             and the EPA’s rules that require states                         restricted by statute. Certain other                    across a broad geographic area and emit
                                             to prevent any future and remedy any                            material, such as copyrighted material,                 fine particulates (PM2.5) (e.g., sulfates,
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                                             existing anthropogenic impairment of                            is not placed on the internet and will be               nitrates, organic carbon (OC), elemental
                                             visibility in mandatory Class I areas                           publicly available only in hard copy                    carbon (EC), and soil dust), and their
                                             (national parks and wilderness areas)                           form. Publicly available docket                         precursors (e.g., sulfur dioxide (SO2),
                                             caused by emissions of air pollutants                           materials are available either                          nitrogen oxides (NOX), and in some
                                             from numerous sources located over a                            electronically through http://                          cases, ammonia (NH3) and volatile
                                             wide geographic area (also referred to as                       www.regulations.gov or in hard copy at                  organic compounds (VOCs)). Fine


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Document Created: 2018-10-25 11:01:52
Document Modified: 2018-10-25 11:01:52
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis direct final rule is effective March 21, 2018, unless EPA receives relevant adverse comments by January 22, 2018. 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.
ContactMs. 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 Citation82 FR 60517 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations and Reporting and Recordkeeping Requirements

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