83_FR_10862 83 FR 10813 - Air Plan Approval; Tennessee: Volatile Organic Compounds

83 FR 10813 - Air Plan Approval; Tennessee: Volatile Organic Compounds

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 49 (March 13, 2018)

Page Range10813-10814
FR Document2018-04932

The Environmental Protection Agency (EPA) is proposing to approve a portion of a revision to the Hamilton County portion of the Tennessee State Implementation Plan (SIP) submitted by the State of Tennessee through the Tennessee Department of Environment and Conservation from Chattanooga/Hamilton County Air Pollution Control Bureau on June 25, 2008. The revision amends the definition of ``volatile organic compounds'' (VOC) to be consistent with state and federal regulations. This action is being taken pursuant to the Clean Air Act (CAA or Act).

Federal Register, Volume 83 Issue 49 (Tuesday, March 13, 2018)
[Federal Register Volume 83, Number 49 (Tuesday, March 13, 2018)]
[Proposed Rules]
[Pages 10813-10814]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04932]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0395; FRL-9975-40-Region 4]


Air Plan Approval; Tennessee: Volatile Organic Compounds

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a portion of a revision to the Hamilton County portion of the 
Tennessee State Implementation Plan (SIP) submitted by the State of 
Tennessee through the Tennessee Department of Environment and 
Conservation from Chattanooga/Hamilton County Air Pollution Control 
Bureau on June 25, 2008. The revision amends the definition of 
``volatile organic compounds'' (VOC) to be consistent with state and 
federal regulations. This action is being taken pursuant to the Clean 
Air Act (CAA or Act).

DATES: Comments must be received on or before April 12, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2017-0395 http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Tiereny Bell, 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. Ms. Bell can be reached by phone at (404) 562-9088 or via 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Tropospheric ozone, commonly known as smog, occurs when VOC and 
nitrogen oxides (NOX) react in the atmosphere in the 
presence of sunlight. Because of the harmful health effects of ozone, 
EPA and state governments limit the amount of VOC and NOX 
that can be released into the atmosphere. VOC are those compounds of 
carbon (excluding carbon monoxide, carbon dioxide, carbonic acid, 
metallic carbides or carbonates, and ammonium carbonate) that form 
ozone through atmospheric photochemical reactions. Compounds of carbon 
(or organic compounds) have different levels of reactivity; they do not 
react at the same speed or do not form ozone to the same extent.
    Section 302(s) of the CAA specifies that EPA has the authority to 
define the meaning of ``VOC,'' and hence what compounds shall be 
treated as VOC for regulatory purposes. It has been EPA's policy that 
compounds of carbon with negligible reactivity need not be regulated to 
reduce ozone and should be excluded from the regulatory definition of 
VOC. See 42 FR 35314 (July 8, 1977), 70 FR 54046 (September 13, 2005). 
EPA determines whether a given carbon compound has ``negligible'' 
reactivity by comparing the compound's reactivity to the reactivity of 
ethane. EPA lists these compounds in its regulations at 40 CFR 
51.100(s) and excludes them from the definition of VOC. The chemicals 
on this list are often called ``negligibly reactive.'' EPA may 
periodically revise the list of negligibly reactive compounds to add or 
delete compounds.
    In this rulemaking, EPA is proposing action to approve Hamilton 
County's SIP revision which amends the definition of ``Volatile Organic 
Compounds'' in the Chattanooga Code, Chapter 4 of Part II, Section 4-2. 
This SIP revision also amends paragraph 3 and adds paragraphs 4 and 5 
to the Chattanooga Code, Chapter 4 of Part II, Section 4-2 definition 
of VOC. Tennessee is updating the Hamilton County portion of its SIP to 
be consistent with changes to federal and other similar SIP-approved 
regulations.\1\
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    \1\ EPA approved similar revisions to the Tennessee SIP on April 
23, 2006. See 71 FR 19124. EPA also approved a Knox County portion 
of the Tennessee SIP on January 4, 2007. See 72 FR 265.
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II. Analysis of State's Submittal

    On June 25, 2008, Tennessee submitted a SIP revision \2\ to EPA for 
review and approval. The revision amends the definition of VOC found in 
Chapter 4 of Part II, Section 4-2, of the Chattanooga Code. 
Specifically, the revision adds the following compounds to the list of 
negligibly reactive compounds to be consistent with federal and other 
similar SIP-approved regulations: 1,1,1,2,2,3,3,4,4-nonafluoro-4-
methoxy-butane (HFE-7100); methyl acetate; 1,1,1,2,2,3,3-heptafluoro-3-
methoxy-propane (n-C3 F7OCH3, HFE-
7000); 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-
(trifluoromethyl) hexane (HFE-7500); 1,1,1,2,3,3,3-heptafluoropropane 
(HFC 227ea); and methyl formate (HCOOCH3). These compounds 
are excluded from the VOC definition on the basis that each of these 
compounds makes a negligible contribution to tropospheric ozone 
formation. EPA is proposing to approve this revision because it is 
consistent with the definition of VOC at 40 CFR 51.100(s). EPA is also 
proposing to approve this revision because it is consistent with other 
similar SIP-approved regulations.
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    \2\ EPA will consider the other changes included in Tennessee's 
June 25, 2008, SIP revision in a future rulemaking.
---------------------------------------------------------------------------

    The revision includes minor changes to paragraph 3 of Chattanooga 
Code, Chapter 4 of Part II, Section 4-2 definition of VOC to be 
consistent with federal and other similar SIP-approved regulations. As 
a precondition to excluding compounds as VOCs, paragraph 3 states that: 
``As a precondition to excluding these compounds as VOC or at any time 
thereafter, the Director shall require an owner or operator to provide 
monitoring or testing methods and results demonstrating the amount of 
negligibly-reactive compounds in the source's emissions.'' The SIP 
revision changes the precondition for the director to require this 
testing from ``shall'' to ``may'' and adds that any testing be ``to the 
satisfaction of the Director'' of the Chattanooga-Hamilton County Air 
Pollution Control Bureau. The SIP

[[Page 10814]]

revision also adds paragraph 4 which states: ``For purposes of 
enforcement for a specific source, the test methods specified in these 
regulations, in the approved SIP, or in a permit issued pursuant to 
these regulations shall be used to be consistent with state 
regulations.'' EPA is proposing to approve these revisions because they 
are consistent with the definition of VOC at 40 CFR 51.100(s) and with 
other similar SIP-approved regulations.
    Finally, the SIP revision adds paragraph 5 which states: ``The 
following compound(s) are VOC for purposes of all recordkeeping, 
emissions reporting, photochemical dispersion modeling and inventory 
requirements which apply to VOC and shall be uniquely identified in 
emission reports, but are not VOC for purposes of VOC emissions 
limitations or VOC content requirements: t-butyl acetate.'' Through 
this revision, Hamilton County is also adding t-butyl acetate to the 
list of negligibly reactive compounds, but maintaining the requirements 
of recordkeeping, emissions reporting, and inventory. EPA is proposing 
to approve this revision because it is consistent with the definition 
of VOC at 40 CFR 51.100(s).3 4
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    \3\ In EPA's November 29, 2004, final rulemaking, the Agency 
added tertiary butyl acetate to the list of excluded compounds from 
the definition of VOCs. See 69 FR 69298.
    \4\ While EPA added t-butyl acetate to the list of negligibly 
reactive compounds in the November 29, 2004, final rulemaking, t-
butyl acetate continued to be a VOC for purposes of all 
recordkeeping, emissions reporting, and inventory requirements which 
applied to VOC. See 69 FR 69298. Subsequently, on February 25, 2016 
(81 FR 9339), EPA issued a final rule removing recordkeeping, 
emissions reporting, and inventory requirements for t-Butyl acetate. 
Although EPA no longer requires recordkeeping, emissions reporting, 
and inventory requirements for t-butyl acetate, this SIP revision 
includes this requirement.
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    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 addition of the County's exemptions 
from the definition of VOC, addition of recordkeeping, emissions 
reporting, photochemical dispersion modeling, and inventory 
requirements for t-butyl acetate, and other changes in paragraphs 3 and 
4 to Chapter 4 of Part II, Section 4-2, of the Chattanooga Code 
``Definitions'' are approvable under section 110(l) because they 
reflect changes to federal regulations based on findings that the 
aforementioned compounds are negligibly reactive and make a negligible 
contribution to troposphere ozone formation.

III. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference Chapter 4 of Part II, Section 4-2, ``Definitions'' effective 
August 16, 1995, which revised the definition of VOC. EPA has made, and 
will continue to make, these materials generally available through 
www.regulations.gov and at the EPA Region 4 Office (please contact the 
person identified in the ``For Further Information Contact'' section of 
this preamble for more information).

IV. Proposed Action

    Pursuant to section 110 of the CAA, EPA is proposing to approve the 
aforementioned changes to Tennessee's SIP for Chapter 4 of Part II, 
Section 4-2. EPA has evaluated the relevant portions of Tennessee's 
June 25, 2008, SIP revision and has determined that it meets the 
applicable requirements of the CAA and EPA regulations and is 
consistent with EPA policy.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. This action merely 
proposes to approve state law as meeting Federal requirements and does 
not impose additional requirements beyond those imposed by state law. 
For that reason, this proposed 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 (Public Law 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: February 20, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
[FR Doc. 2018-04932 Filed 3-12-18; 8:45 am]
 BILLING CODE 6560-50-P



                                                                        Federal Register / Vol. 83, No. 49 / Tuesday, March 13, 2018 / Proposed Rules                                                 10813

                                                 (g) Applicability date. This section is               EPA public comment policy,                            SIP revision also amends paragraph 3
                                               applicable on June 5, 2007, except that                 information about CBI or multimedia                   and adds paragraphs 4 and 5 to the
                                               paragraphs (a) and (e)(4)(i) of this                    submissions, and general guidance on                  Chattanooga Code, Chapter 4 of Part II,
                                               section apply to the Department of State                making effective comments, please visit               Section 4–2 definition of VOC.
                                               on or after March 12, 2018.                             http://www2.epa.gov/dockets/                          Tennessee is updating the Hamilton
                                                                                                       commenting-epa-dockets.                               County portion of its SIP to be
                                               Kirsten Wielobob,
                                                                                                       FOR FURTHER INFORMATION CONTACT:                      consistent with changes to federal and
                                               Deputy Commissioner for Services and                                                                          other similar SIP-approved regulations.1
                                               Enforcement.                                            Tiereny Bell, Air Regulatory
                                               [FR Doc. 2018–04971 Filed 3–12–18; 8:45 am]
                                                                                                       Management Section, Air Planning and                  II. Analysis of State’s Submittal
                                                                                                       Implementation Branch, Air, Pesticides
                                               BILLING CODE 4830–01–P
                                                                                                       and Toxics Management Division, U.S.                     On June 25, 2008, Tennessee
                                                                                                       Environmental Protection Agency,                      submitted a SIP revision 2 to EPA for
                                                                                                       Region 4, 61 Forsyth Street SW, Atlanta,              review and approval. The revision
                                               ENVIRONMENTAL PROTECTION                                Georgia 30303–8960. Ms. Bell can be                   amends the definition of VOC found in
                                               AGENCY                                                  reached by phone at (404) 562–9088 or                 Chapter 4 of Part II, Section 4–2, of the
                                                                                                                                                             Chattanooga Code. Specifically, the
                                               40 CFR Part 52                                          via electronic mail at bell.tiereny@
                                                                                                                                                             revision adds the following compounds
                                                                                                       epa.gov.
                                               [EPA–R04–OAR–2017–0395; FRL–9975–40–                                                                          to the list of negligibly reactive
                                                                                                       SUPPLEMENTARY INFORMATION:                            compounds to be consistent with federal
                                               Region 4]
                                                                                                       I. Background                                         and other similar SIP-approved
                                               Air Plan Approval; Tennessee: Volatile                                                                        regulations: 1,1,1,2,2,3,3,4,4-nonafluoro-
                                               Organic Compounds                                          Tropospheric ozone, commonly                       4-methoxy-butane (HFE–7100); methyl
                                                                                                       known as smog, occurs when VOC and                    acetate; 1,1,1,2,2,3,3-heptafluoro-3-
                                               AGENCY:  Environmental Protection                       nitrogen oxides (NOX) react in the                    methoxy-propane (n-C3 F7OCH3, HFE–
                                               Agency.                                                 atmosphere in the presence of sunlight.               7000); 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-
                                               ACTION: Proposed rule.                                  Because of the harmful health effects of              dodecafluoro-2-(trifluoromethyl) hexane
                                                                                                       ozone, EPA and state governments limit                (HFE–7500); 1,1,1,2,3,3,3-
                                               SUMMARY:    The Environmental Protection                the amount of VOC and NOX that can
                                               Agency (EPA) is proposing to approve a                                                                        heptafluoropropane (HFC 227ea); and
                                                                                                       be released into the atmosphere. VOC                  methyl formate (HCOOCH3). These
                                               portion of a revision to the Hamilton                   are those compounds of carbon
                                               County portion of the Tennessee State                                                                         compounds are excluded from the VOC
                                                                                                       (excluding carbon monoxide, carbon                    definition on the basis that each of these
                                               Implementation Plan (SIP) submitted by                  dioxide, carbonic acid, metallic carbides
                                               the State of Tennessee through the                                                                            compounds makes a negligible
                                                                                                       or carbonates, and ammonium                           contribution to tropospheric ozone
                                               Tennessee Department of Environment                     carbonate) that form ozone through                    formation. EPA is proposing to approve
                                               and Conservation from Chattanooga/                      atmospheric photochemical reactions.                  this revision because it is consistent
                                               Hamilton County Air Pollution Control                   Compounds of carbon (or organic                       with the definition of VOC at 40 CFR
                                               Bureau on June 25, 2008. The revision                   compounds) have different levels of                   51.100(s). EPA is also proposing to
                                               amends the definition of ‘‘volatile                     reactivity; they do not react at the same             approve this revision because it is
                                               organic compounds’’ (VOC) to be                         speed or do not form ozone to the same                consistent with other similar SIP-
                                               consistent with state and federal                       extent.                                               approved regulations.
                                               regulations. This action is being taken                    Section 302(s) of the CAA specifies                   The revision includes minor changes
                                               pursuant to the Clean Air Act (CAA or                   that EPA has the authority to define the              to paragraph 3 of Chattanooga Code,
                                               Act).                                                   meaning of ‘‘VOC,’’ and hence what                    Chapter 4 of Part II, Section 4–2
                                               DATES: Comments must be received on                     compounds shall be treated as VOC for                 definition of VOC to be consistent with
                                               or before April 12, 2018.                               regulatory purposes. It has been EPA’s                federal and other similar SIP-approved
                                               ADDRESSES: Submit your comments,                        policy that compounds of carbon with                  regulations. As a precondition to
                                               identified by Docket ID No. EPA–R04–                    negligible reactivity need not be                     excluding compounds as VOCs,
                                               OAR–2017–0395 http://                                   regulated to reduce ozone and should be               paragraph 3 states that: ‘‘As a
                                               www.regulations.gov. Follow the online                  excluded from the regulatory definition               precondition to excluding these
                                               instructions for submitting comments.                   of VOC. See 42 FR 35314 (July 8, 1977),               compounds as VOC or at any time
                                               Once submitted, comments cannot be                      70 FR 54046 (September 13, 2005). EPA                 thereafter, the Director shall require an
                                               edited or removed from Regulations.gov.                 determines whether a given carbon                     owner or operator to provide monitoring
                                               EPA may publish any comment received                    compound has ‘‘negligible’’ reactivity by             or testing methods and results
                                               to its public docket. Do not submit                     comparing the compound’s reactivity to                demonstrating the amount of negligibly-
                                               electronically any information you                      the reactivity of ethane. EPA lists these             reactive compounds in the source’s
                                               consider to be Confidential Business                    compounds in its regulations at 40 CFR                emissions.’’ The SIP revision changes
                                               Information (CBI) or other information                  51.100(s) and excludes them from the                  the precondition for the director to
                                               whose disclosure is restricted by statute.              definition of VOC. The chemicals on                   require this testing from ‘‘shall’’ to
                                               Multimedia submissions (audio, video,                   this list are often called ‘‘negligibly               ‘‘may’’ and adds that any testing be ‘‘to
                                               etc.) must be accompanied by a written                  reactive.’’ EPA may periodically revise               the satisfaction of the Director’’ of the
                                               comment. The written comment is                         the list of negligibly reactive                       Chattanooga-Hamilton County Air
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                                               considered the official comment and                     compounds to add or delete                            Pollution Control Bureau. The SIP
                                               should include discussion of all points                 compounds.
                                               you wish to make. EPA will generally                       In this rulemaking, EPA is proposing                 1 EPA approved similar revisions to the

                                               not consider comments or comment                        action to approve Hamilton County’s                   Tennessee SIP on April 23, 2006. See 71 FR 19124.
                                               contents located outside of the primary                 SIP revision which amends the                         EPA also approved a Knox County portion of the
                                                                                                                                                             Tennessee SIP on January 4, 2007. See 72 FR 265.
                                               submission (i.e., on the web, cloud, or                 definition of ‘‘Volatile Organic                        2 EPA will consider the other changes included in
                                               other file sharing system). For                         Compounds’’ in the Chattanooga Code,                  Tennessee’s June 25, 2008, SIP revision in a future
                                               additional submission methods, the full                 Chapter 4 of Part II, Section 4–2. This               rulemaking.



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                                               10814                   Federal Register / Vol. 83, No. 49 / Tuesday, March 13, 2018 / Proposed Rules

                                               revision also adds paragraph 4 which                    make a negligible contribution to                        • Does not contain any unfunded
                                               states: ‘‘For purposes of enforcement for               troposphere ozone formation.                          mandate or significantly or uniquely
                                               a specific source, the test methods                                                                           affect small governments, as described
                                                                                                       III. Incorporation by Reference
                                               specified in these regulations, in the                                                                        in the Unfunded Mandates Reform Act
                                               approved SIP, or in a permit issued                        In this rule, EPA is proposing to                  of 1995 (Public Law 104–4);
                                               pursuant to these regulations shall be                  include in a final EPA rule regulatory                   • Does not have Federalism
                                               used to be consistent with state                        text that includes incorporation by                   implications as specified in Executive
                                               regulations.’’ EPA is proposing to                      reference. In accordance with                         Order 13132 (64 FR 43255, August 10,
                                               approve these revisions because they are                requirements of 1 CFR 51.5, EPA is                    1999);
                                               consistent with the definition of VOC at                proposing to incorporate by reference                    • Is not an economically significant
                                               40 CFR 51.100(s) and with other similar                 Chapter 4 of Part II, Section 4–2,                    regulatory action based on health or
                                               SIP-approved regulations.                               ‘‘Definitions’’ effective August 16, 1995,            safety risks subject to Executive Order
                                                  Finally, the SIP revision adds                       which revised the definition of VOC.                  13045 (62 FR 19885, April 23, 1997);
                                               paragraph 5 which states: ‘‘The                         EPA has made, and will continue to                       • Is not a significant regulatory action
                                               following compound(s) are VOC for                       make, these materials generally                       subject to Executive Order 13211 (66 FR
                                               purposes of all recordkeeping,                          available through www.regulations.gov                 28355, May 22, 2001);
                                               emissions reporting, photochemical                      and at the EPA Region 4 Office (please                   • Is not subject to requirements of
                                               dispersion modeling and inventory                       contact the person identified in the ‘‘For            section 12(d) of the National
                                               requirements which apply to VOC and                     Further Information Contact’’ section of              Technology Transfer and Advancement
                                               shall be uniquely identified in emission                this preamble for more information).                  Act of 1995 (15 U.S.C. 272 note) because
                                               reports, but are not VOC for purposes of                                                                      application of those requirements would
                                                                                                       IV. Proposed Action                                   be inconsistent with the CAA; and
                                               VOC emissions limitations or VOC
                                                                                                          Pursuant to section 110 of the CAA,                   • Does not provide EPA with the
                                               content requirements: t-butyl acetate.’’
                                                                                                       EPA is proposing to approve the                       discretionary authority to address, as
                                               Through this revision, Hamilton County
                                                                                                       aforementioned changes to Tennessee’s                 appropriate, disproportionate human
                                               is also adding t-butyl acetate to the list
                                                                                                       SIP for Chapter 4 of Part II, Section 4–              health or environmental effects, using
                                               of negligibly reactive compounds, but
                                                                                                       2. EPA has evaluated the relevant                     practicable and legally permissible
                                               maintaining the requirements of
                                                                                                       portions of Tennessee’s June 25, 2008,                methods, under Executive Order 12898
                                               recordkeeping, emissions reporting, and
                                                                                                       SIP revision and has determined that it               (59 FR 7629, February 16, 1994).
                                               inventory. EPA is proposing to approve                                                                           The SIP is not approved to apply on
                                               this revision because it is consistent                  meets the applicable requirements of the
                                                                                                       CAA and EPA regulations and is                        any Indian reservation land or in any
                                               with the definition of VOC at 40 CFR                                                                          other area where EPA or an Indian tribe
                                               51.100(s).3 4                                           consistent with EPA policy.
                                                                                                                                                             has demonstrated that a tribe has
                                                  Pursuant to CAA section 110(l), the                  V. Statutory and Executive Order                      jurisdiction. In those areas of Indian
                                               Administrator shall not approve a                       Reviews                                               country, the rule does not have tribal
                                               revision of a plan if the revision would                                                                      implications as specified by Executive
                                               interfere with any applicable                             Under the CAA, the Administrator is
                                                                                                       required to approve a SIP submission                  Order 13175 (65 FR 67249, November 9,
                                               requirement concerning attainment and                                                                         2000), nor will it impose substantial
                                               reasonable further progress (as defined                 that complies with the provisions of the
                                                                                                       Act and applicable Federal regulations.               direct costs on tribal governments or
                                               in CAA section 171), or any other                                                                             preempt tribal law.
                                               applicable requirement of the Act. The                  See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                               State’s addition of the County’s                        Thus, in reviewing SIP submissions,                   List of Subjects in 40 CFR Part 52
                                               exemptions from the definition of VOC,                  EPA’s role is to approve state choices,                 Environmental protection, Air
                                               addition of recordkeeping, emissions                    provided that they meet the criteria of               pollution control, Incorporation by
                                               reporting, photochemical dispersion                     the CAA. This action merely proposes to               reference, Intergovernmental relations,
                                               modeling, and inventory requirements                    approve state law as meeting Federal                  Ozone, Reporting and recordkeeping
                                               for t-butyl acetate, and other changes in               requirements and does not impose                      requirements, Volatile organic
                                               paragraphs 3 and 4 to Chapter 4 of Part                 additional requirements beyond those                  compounds.
                                               II, Section 4–2, of the Chattanooga Code                imposed by state law. For that reason,
                                                                                                       this proposed action:                                   Dated: February 20, 2018.
                                               ‘‘Definitions’’ are approvable under
                                               section 110(l) because they reflect                       • Is not a significant regulatory action            Onis ‘‘Trey’’ Glenn, III,
                                                                                                       subject to review by the Office of                    Regional Administrator, Region 4.
                                               changes to federal regulations based on
                                               findings that the aforementioned                        Management and Budget under                           [FR Doc. 2018–04932 Filed 3–12–18; 8:45 am]
                                               compounds are negligibly reactive and                   Executive Orders 12866 (58 FR 51735,                  BILLING CODE 6560–50–P
                                                                                                       October 4, 1993) and 13563 (76 FR 3821,
                                                  3 In EPA’s November 29, 2004, final rulemaking,      January 21, 2011);
                                               the Agency added tertiary butyl acetate to the list       • Is not an Executive Order 13771 (82               ENVIRONMENTAL PROTECTION
                                               of excluded compounds from the definition of            FR 9339, February 2, 2017) regulatory                 AGENCY
                                               VOCs. See 69 FR 69298.
                                                                                                       action because SIP approvals are
                                                  4 While EPA added t-butyl acetate to the list of                                                           40 CFR Part 81
                                               negligibly reactive compounds in the November 29,       exempted under Executive Order 12866.
                                               2004, final rulemaking, t-butyl acetate continued to      • Does not impose an information                    [EPA–R04–OAR–2018–0017; FRL–9975–52-
                                                                                                                                                             Region 4]
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                                               be a VOC for purposes of all recordkeeping,             collection burden under the provisions
                                               emissions reporting, and inventory requirements         of the Paperwork Reduction Act (44
                                               which applied to VOC. See 69 FR 69298.
                                                                                                       U.S.C. 3501 et seq.);                                 Air Plan Approval and Air Quality
                                               Subsequently, on February 25, 2016 (81 FR 9339),                                                              Designation; SC; Redesignation of the
                                               EPA issued a final rule removing recordkeeping,           • Is certified as not having a
                                               emissions reporting, and inventory requirements for                                                           Greenville-Spartanburg Unclassifiable
                                                                                                       significant economic impact on a
                                               t-Butyl acetate. Although EPA no longer requires                                                              Area
                                               recordkeeping, emissions reporting, and inventory
                                                                                                       substantial number of small entities
                                               requirements for t-butyl acetate, this SIP revision     under the Regulatory Flexibility Act (5               AGENCY:    Environmental Protection
                                               includes this requirement.                              U.S.C. 601 et seq.);                                  Agency.


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Document Created: 2018-03-13 01:57:15
Document Modified: 2018-03-13 01:57:15
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before April 12, 2018.
ContactTiereny Bell, 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. Ms. Bell can be reached by phone at (404) 562-9088 or via electronic mail at [email protected]
FR Citation83 FR 10813 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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