83 FR 29694 - Approval and Promulgation of Air Quality Implementation Plans; State of Montana; Revisions to PSD Permitting Rules

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 123 (June 26, 2018)

Page Range		29694-29696
FR Document		2018-13597

The Environmental Protection Agency (EPA) is taking final action to fully approve the State Implementation Plan (SIP) revision submitted by the State of Montana on October 14, 2016. Montana's October 14, 2016 submittal revises their prevention of significant deterioration (PSD) regulations. This action is being taken under section 110 of the Clean Air Act (CAA) (Act).

Federal Register, Volume 83 Issue 123 (Tuesday, June 26, 2018)

[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)]
[Rules and Regulations]
[Pages 29694-29696]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13597]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2018-0136; FRL-9979-76--Region 8]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Montana; Revisions to PSD Permitting Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to fully approve the State Implementation Plan (SIP) revision 
submitted by the State of Montana on October 14, 2016. Montana's 
October 14, 2016 submittal revises their prevention of significant 
deterioration (PSD) regulations. This action is being taken under 
section 110 of the Clean Air Act (CAA) (Act).

DATES: This final rule is effective on July 26, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2018-0136. All documents in the docket are 
listed on the http://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
confidential business information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available electronically through http://www.regulations.gov, or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional information.

FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air Program, U.S. 
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6227, 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. What is the EPA taking final action to approve?

    The EPA is taking final action to approve a revision to Montana's 
PSD regulations as submitted by the State of Montana on October 14, 
2016. We are taking final action to approve the following revision to 
Administrative Rules of Montana (ARM) 17.8.818(7)(a)(iii): Removing the 
phrase ``averaged over a 24-hour period.''
    We provided a detailed background in our proposed rulemaking, 
published on April 27, 2018. See 83 FR 18494. We invited comment on all 
aspects of our proposal and provided a 30-day comment period. The 
comment period ended on May 29, 2018.
    In this action, we are responding to the comments we received and 
taking final rulemaking action on the State's October 14, 2016 
submittal.

II. Response to Comments

    We received two comments during the public comment period. After 
reviewing the comments, the EPA has determined that the comments are 
outside the scope of our proposed action or fail to identify any 
material issue necessitating a response.

III. Final Action

    We are taking final action to approve changes to Montana's SIP--in 
particular the revisions to ARM 17.8.818(7)(a)(iii), which removes the 
phrase ``averaged over a 24-hour period''--as submitted on October 14, 
2016. We are taking final action to approve this change, as it is 
consistent with the CAA and the EPA regulations as follows:
    1. CAA section 110(a)(2)(C), which requires each state plan to 
include ``a program to provide for . . . the regulation of the 
modification and construction of any stationary source within the areas 
covered by the plan as necessary to assure that [the NAAQS] are 
achieved, including a permit program as required in parts C and D of 
this subchapter'';
    2. CAA section 110(a)(2)(A), requires that SIPs contain enforceable 
emissions limitations and other control measures. Under section CAA 
section 110(a)(2), the enforceability requirement in section 
110(a)(2)(A) applies to all plans submitted by a state. Montana's 
regulations in ARM 17.8 create enforceable obligations for sources;
    3. CAA section 110(i) (with certain limited exceptions) prohibits 
states from modifying SIP requirements for stationary sources except 
through the SIP revision process. As described in our proposed 
rulemaking, Montana fulfilled this requirement;
    4. CAA section 110(l), provides that the EPA cannot approve a SIP 
revision that interferes with any applicable requirement of the Act. 
The revisions to ARM 17.8.818 would not interfere with sections 
110(a)(2) and 110(i) of the Act, as they are in compliance with current 
federal regulations;
    5. CAA section 161, which requires a SIP to contain emission 
limitations to prevent significant deterioration of air quality in 
regions designated as attainment or unclassifiable; and
    6. Montana's SIP revision complies with the requirements of 40 CFR 
51.166 as the plan imposes the regulatory requirements on individual 
sources, as required by the regulatory provisions.

IV. Incorporation by Reference

    In this action, the EPA is taking final action to include in a 
final EPA rule regulatory text that includes incorporation by 
reference. In accordance with requirements of 1 CFR 51.5, the EPA is 
taking final action to incorporate by reference a change to the State 
of Montana's SIP removing ``averaged over a 24-hour period'' from ARM 
17.8.818(7)(a)(iii). The EPA has made, and will continue to make, these 
materials generally available through

[[Page 29695]]

www.regulations.gov and at the EPA Region 8 Office (please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information). Therefore, these materials have 
been approved by the EPA for inclusion in the SIP, have been 
incorporated by reference by the EPA into that plan, are fully 
federally enforceable under sections 110 and 113 of the CAA as of the 
effective date of this final rulemaking, and will be incorporated by 
reference in the next update to the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provision of the Act and applicable 
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state actions, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely finalizes approval of 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 expected to be an Executive Order 13771 regulatory 
action because this action is not significant 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,
     Is not subject to Executive Order 12898 (59 FR 7629, 
February 16, 1994) because it does not establish an environmental 
health or safety standard.
    In addition, this final rule is not approved to apply on any Indian 
reservation land or in any other area where the 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 action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 27, 2018. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: June 20, 2018.
Douglas Benevento,
Regional Administrator, Region 8.

    40 CFR part 52 is amended to read 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 BB--Montana

0
2. Section 52.1370(c) is amended by revising table entry ``17.8.818'' 
to read as follows:


Sec.  52.1370  Identification of plan.

* * * * *
    (c) * * *

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                                                                           State      EPA rule final
            State citation                       Rule title           effective date       date         Final rule citation             Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                       (vi) Administrative Rules of Montana, Subchapter 08, Prevention of Significant Deterioration of Air Quality
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
17.8.818.............................  Review of Major Stationary         08/20/2016       6/26/2018  [insert Federal          .........................
                                        Sources and Major                                              Register citation].
                                        Modifications--Source
                                        Applicability and Exemptions.
 

[[Page 29696]]

 
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* * * * *
[FR Doc. 2018-13597 Filed 6-25-18; 8:45 am]
 BILLING CODE 6560-50-P

29694 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations

Dated: June 18, 2018. Montana’s October 14, 2016 submittal III. Final Action
E. Scott Pruitt, revises their prevention of significant We are taking final action to approve
Administrator. deterioration (PSD) regulations. This changes to Montana’s SIP—in particular
For the reasons set forth in the action is being taken under section 110 the revisions to ARM 17.8.818(7)(a)(iii),
preamble, 40 CFR part 35 is amended as of the Clean Air Act (CAA) (Act). which removes the phrase ‘‘averaged
follows: DATES: This final rule is effective on July over a 24-hour period’’—as submitted
26, 2018. on October 14, 2016. We are taking final
PART 35—STATE AND LOCAL ADDRESSES: The EPA has established a action to approve this change, as it is
ASSISTANCE docket for this action under Docket ID consistent with the CAA and the EPA
No. EPA–R08–OAR–2018–0136. All regulations as follows:
■ 1. The authority citation for part 35 1. CAA section 110(a)(2)(C), which
continues to read as follows: documents in the docket are listed on
the http://www.regulations.gov website. requires each state plan to include ‘‘a
Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. Although listed in the index, some program to provide for . . . the
1251 et seq.; 42 U.S.C. 300f et seq.; 42 U.S.C. regulation of the modification and
6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C.
information is not publicly available,
e.g., confidential business information construction of any stationary source
2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L.
104–134, 110 Stat. 1321, 1321–299 (1996); (CBI) or other information whose within the areas covered by the plan as
Pub. L. 105–65, 111 Stat. 1344, 1373 (1997), disclosure is restricted by statute. necessary to assure that [the NAAQS]
2 CFR 200. Certain other material, such as are achieved, including a permit
copyrighted material, is not placed on program as required in parts C and D of
■ 2. Amend § 35.10010 by revising this subchapter’’;
paragraph (c) to read as follows: the internet and will be publicly
available only in hard copy form. 2. CAA section 110(a)(2)(A), requires
§ 35.10010 Limitations on assistance. Publicly available docket materials are that SIPs contain enforceable emissions
* * * * * available electronically through http:// limitations and other control measures.
(c) Costs incurred, and the value of www.regulations.gov, or please contact Under section CAA section 110(a)(2),
any integral in-kind contributions made, the person identified in the FOR FURTHER the enforceability requirement in
before receipt of credit assistance may INFORMATION CONTACT section for section 110(a)(2)(A) applies to all plans
be considered in calculating eligible additional information. submitted by a state. Montana’s
project costs only upon approval of the regulations in ARM 17.8 create
FOR FURTHER INFORMATION CONTACT:
Administrator. Such costs and integral enforceable obligations for sources;
Kevin Leone, Air Program, U.S.
in-kind contributions must be directly 3. CAA section 110(i) (with certain
Environmental Protection Agency
related to the development or execution limited exceptions) prohibits states from
(EPA), Region 8, Mailcode 8P–AR, 1595
of the project and must be eligible modifying SIP requirements for
Wynkoop Street, Denver, Colorado
project costs as defined in § 35.10005. In stationary sources except through the
80202–1129, (303) 312–6227,
addition, such costs, excluding the SIP revision process. As described in
leone.kevin@epa.gov.
value of any integral in-kind our proposed rulemaking, Montana
SUPPLEMENTARY INFORMATION: fulfilled this requirement;
contributions, are payable from the
proceeds of the WIFIA credit instrument I. What is the EPA taking final action 4. CAA section 110(l), provides that
and shall be considered incurred costs to approve? the EPA cannot approve a SIP revision
for purposes of paragraph (f) of this that interferes with any applicable
The EPA is taking final action to requirement of the Act. The revisions to
section. Capitalized interest on the
approve a revision to Montana’s PSD ARM 17.8.818 would not interfere with
WIFIA credit instrument is not eligible
regulations as submitted by the State of sections 110(a)(2) and 110(i) of the Act,
for calculating eligible project costs.
Montana on October 14, 2016. We are as they are in compliance with current
* * * * * taking final action to approve the federal regulations;
[FR Doc. 2018–13714 Filed 6–25–18; 8:45 am] following revision to Administrative 5. CAA section 161, which requires a
BILLING CODE 6560–50–P Rules of Montana (ARM) SIP to contain emission limitations to
17.8.818(7)(a)(iii): Removing the phrase prevent significant deterioration of air
‘‘averaged over a 24-hour period.’’ quality in regions designated as
ENVIRONMENTAL PROTECTION We provided a detailed background in attainment or unclassifiable; and
AGENCY our proposed rulemaking, published on 6. Montana’s SIP revision complies
April 27, 2018. See 83 FR 18494. We with the requirements of 40 CFR 51.166
40 CFR Part 52 invited comment on all aspects of our as the plan imposes the regulatory
[EPA–R08–OAR–2018–0136; FRL–9979– proposal and provided a 30-day requirements on individual sources, as
76—Region 8] comment period. The comment period required by the regulatory provisions.
ended on May 29, 2018.
Approval and Promulgation of Air In this action, we are responding to IV. Incorporation by Reference
Quality Implementation Plans; State of the comments we received and taking In this action, the EPA is taking final
Montana; Revisions to PSD Permitting final rulemaking action on the State’s action to include in a final EPA rule
Rules October 14, 2016 submittal. regulatory text that includes
AGENCY: Environmental Protection incorporation by reference. In
II. Response to Comments
Agency (EPA). accordance with requirements of 1 CFR
sradovich on DSK3GMQ082PROD with RULES

ACTION: Final rule. We received two comments during 51.5, the EPA is taking final action to
the public comment period. After incorporate by reference a change to the
SUMMARY: The Environmental Protection reviewing the comments, the EPA has State of Montana’s SIP removing
Agency (EPA) is taking final action to determined that the comments are ‘‘averaged over a 24-hour period’’ from
fully approve the State Implementation outside the scope of our proposed action ARM 17.8.818(7)(a)(iii). The EPA has
Plan (SIP) revision submitted by the or fail to identify any material issue made, and will continue to make, these
State of Montana on October 14, 2016. necessitating a response. materials generally available through

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Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations 29695

www.regulations.gov and at the EPA in the Unfunded Mandates Reform Act Federal Register. This action is not a
Region 8 Office (please contact the of 1995 (Pub. L. 104–4); ‘‘major rule’’ as defined by 5 U.S.C.
person identified in the FOR FURTHER • Does not have federalism 804(2).
INFORMATION CONTACT section of this implications as specified in Executive Under section 307(b)(1) of the CAA,
preamble for more information). Order 13132 (64 FR 43255, August 10, petitions for judicial review of this
Therefore, these materials have been 1999); action must be filed in the United States
approved by the EPA for inclusion in • Is not an economically significant Court of Appeals for the appropriate
the SIP, have been incorporated by regulatory action based on health or circuit by August 27, 2018. Filing a
reference by the EPA into that plan, are safety risks subject to Executive Order petition for reconsideration by the
fully federally enforceable under 13045 (62 FR 19885, April 23, 1997); Administrator of this final rule does not
sections 110 and 113 of the CAA as of • Is not a significant regulatory action affect the finality of this action for the
the effective date of this final subject to Executive Order 13211 (66 FR purposes of judicial review nor does it
rulemaking, and will be incorporated by 28355, May 22, 2001); extend the time within which a petition
reference in the next update to the SIP • Is not subject to requirements of for judicial review may be filed, and
compilation.1 section 12(d) of the National shall not postpone the effectiveness of
V. Statutory and Executive Order Technology Transfer and Advancement such rule or action. This action may not
Reviews Act of 1995 (15 U.S.C. 272 note) because be challenged later in proceedings to
application of those requirements would enforce its requirements. (See CAA
Under the CAA, the Administrator is be inconsistent with the CAA; and, section 307(b)(2).)
required to approve a SIP submission • Is not subject to Executive Order
that complies with the provision of the 12898 (59 FR 7629, February 16, 1994) List of Subjects in 40 CFR Part 52
Act and applicable federal regulations. because it does not establish an
42 U.S.C. 7410(k); 40 CFR 52.02(a). Environmental protection, Air
environmental health or safety standard. pollution control, Carbon monoxide,
Thus, in reviewing SIP submissions, the In addition, this final rule is not
EPA’s role is to approve state actions, Incorporation by reference,
approved to apply on any Indian Intergovernmental relations, Lead,
provided that they meet the criteria of reservation land or in any other area
the CAA. Accordingly, this action Nitrogen dioxide, Ozone, Particulate
where the EPA or an Indian tribe has matter, Reporting and recordkeeping
merely finalizes approval of state law as demonstrated that a tribe has
meeting federal requirements and does requirements, Sulfur oxides, Volatile
jurisdiction. In those areas of Indian organic compounds.
not impose additional requirements
country, the rule does not have tribal
beyond those imposed by state law. For Dated: June 20, 2018.
implications and will not impose
that reason, this action: Douglas Benevento,
• Is not a ‘‘significant regulatory substantial direct costs on tribal
governments or preempt tribal law as Regional Administrator, Region 8.
action’’ subject to review by the Office
of Management and Budget under specified by Executive Order 13175 (65 40 CFR part 52 is amended to read as
Executive Orders 12866 (58 FR 51735, FR 67249, November 9, 2000). follows:
October 4, 1993) and 13563 (76 FR 3821, The Congressional Review Act, 5
January 21, 2011); U.S.C. 801 et seq., as added by the Small PART 52—APPROVAL AND
• Is not expected to be an Executive Business Regulatory Enforcement PROMULGATION OF
Order 13771 regulatory action because Fairness Act of 1996, generally provides IMPLEMENTATION PLANS
this action is not significant under that before a rule may take effect, the
Executive Order 12866; agency promulgating the rule must ■ 1. The authority citation for part 52
• Does not impose an information submit a rule report, which includes a continues to read as follows:
collection burden under the provisions copy of the rule, to each House of the Authority: 42 U.S.C. 7401 et seq.
of the Paperwork Reduction Act (44 Congress and to the Comptroller General
U.S.C. 3501 et seq.); of the United States. The EPA will Subpart BB—Montana
• Is certified as not having a submit a report containing this action
significant economic impact on a and other required information to the ■ 2. Section 52.1370(c) is amended by
substantial number of small entities U.S. Senate, the U.S. House of revising table entry ‘‘17.8.818’’ to read
under the Regulatory Flexibility Act (5 Representatives, and the Comptroller as follows:
U.S.C. 601 et seq.); General of the United States prior to
• Does not contain any unfunded publication of the rule in the Federal § 52.1370 Identification of plan.
mandate or significantly or uniquely Register. A major rule cannot take effect * * * * *
affect small governments, as described until 60 days after it is published in the (c) * * *

State effective EPA rule final
State citation Rule title Final rule citation Comments
date date

* * * * * * *

(vi) Administrative Rules of Montana, Subchapter 08, Prevention of Significant Deterioration of Air Quality
sradovich on DSK3GMQ082PROD with RULES

* * * * * * *
17.8.818 .................... Review of Major Stationary Sources and 08/20/2016 6/26/2018 [insert Federal Reg-
Major Modifications—Source Applicability ister citation].
and Exemptions.

1 62 FR 27968 (May 22, 1997).

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29696 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations

State effective EPA rule final
State citation Rule title Final rule citation Comments
date date

* * * * * * *

* * * * * official hours of business are Monday modeling, and inventory requirements
[FR Doc. 2018–13597 Filed 6–25–18; 8:45 am] through Friday 8:30 a.m. to 4:30 p.m., for t-Butyl acetate. EPA received one
BILLING CODE 6560–50–P excluding Federal holidays. adverse comment in the proposed
FOR FURTHER INFORMATION CONTACT: rulemaking. After considering the
Richard Wong, Air Regulatory adverse comment, EPA is now taking
ENVIRONMENTAL PROTECTION Management Section, Air Planning and final action to approve the South
AGENCY Implementation Branch, Air, Pesticides Carolina Regulation 61–62.1, Section I—
and Toxics Management Division, U.S. ‘‘Definitions’’ revision. For more
40 CFR Part 52 information, see the February 15, 2018,
Environmental Protection Agency,
[EPA–R04–OAR–2017–0557; FRL–9979–92– Region 4, 61 Forsyth Street SW, Atlanta, NPRM.
Region 4] Georgia 30303–8960. The telephone II. Response to Comment
number is (404) 562–8726. Mr. Wong
Air Plan Approval; SC; VOC Definition can be reached via electronic mail at Comment: EPA received one adverse
wong.richard@epa.gov. comment to the revision to Regulation
AGENCY: Environmental Protection
SUPPLEMENTARY INFORMATION:
61–62.1, Section I—‘‘Definitions.’’ The
Agency (EPA).
Commenter asserted that air quality
ACTION: Final rule. I. Background policy should be based on no negative
SUMMARY: The Environmental Protection On November 29, 2004 (69 FR 69298), impacts on health, and as a result,
Agency (EPA) is taking final action to EPA issued a final rule revising the stated, ‘‘This proposed revision would
approve a revision to the South Carolina definition of VOC at 40 CFR 51.100(s) do the opposite because it fails to
State Implementation Plan (SIP). The by adding tertiary butyl acetate (or t- acknowledge the change in emissions
revision makes a modification to the Butyl acetate or TBAC) to the list of that South Carolina could undertake
definition of ‘‘volatile organic compounds that are considered to be after tert-butyl acetate (TBAc) is taken
compounds’’ (VOC). EPA is approving negligibly reactive and excluded from off the states list of volatile organic
the SIP revision submitted by the State the definition of VOC. Additionally, on compounds. I reject this revision
of South Carolina, through the South February 25, 2016 (81 FR 9339), EPA because EPA’s logic for approval is
Carolina Department of Health and issued a final rule further revising the flawed when they say, ‘‘. . . There was
Environmental Control (DHEC) on definition of VOC at 40 CFR 51.100(s) no evidence that TBAc was being used
September 5, 2017, because the State by removing the recordkeeping, at levels that cause concern for ozone
has demonstrated that these changes are emissions reporting, photochemical formation . . .’’. The Commenter
consistent with the Clean Air Act (CAA dispersion modeling, and inventory expressed concerns that the use of
or Act). requirements for t-Butyl acetate. EPA TBAC could change in South Carolina,
removed these requirements in part and since record keeping and
DATES: This rule will be effective July
because there was no evidence that monitoring will no longer be required,
26, 2018. this impact will not be assessed.
ADDRESSES: EPA has established a
TBAC was being used at levels that
cause concern for ozone formation and Because of these concerns, the
docket for this action under Docket Commenter recommended that EPA
Identification No. EPA–R04–OAR– because the data that had been collected
under these requirements had proven to prohibit South Carolina from adding
2017–0557. All documents in the docket TBAC to the negligibly reactive list and
be of limited utility in judging the
are listed on the www.regulations.gov require South Carolina to continue
cumulative impacts of exempted
website. Although listed in the index, monitoring TBAC. Finally, the
compounds.1 See 81 FR 9339, 9341.
some information is not publicly On February 15, 2018 (83 FR 6822), Commenter noted health effects of
available, i.e., Confidential Business EPA published a notice of proposed TBAC.
Information or other information whose rulemaking (NPRM) for changes to the Response: EPA previously approved
disclosure is restricted by statute. South Carolina SIP, submitted by the South Carolina’s revision of its
Certain other material, such as South Carolina DHEC on September 5, definition of VOC which added t-Butyl
copyrighted material, is not placed on 2017. The submission revises South acetate to the list of negligibly reactive
the internet and will be publicly Carolina Regulation 61–62.1— compounds that are excluded from the
available only in hard copy form. Definitions and General Requirements, State’s definition of VOC. 72 FR 30704
Publicly available docket materials are specifically Section I—‘‘Definitions,’’ by (June 4, 2007). That prior rulemaking
available either electronically through removing the recordkeeping, emissions action is final and is not reopened in the
www.regulations.gov or in hard copy at reporting, photochemical dispersion current rulemaking action. Similarly,
the Air Regulatory Management Section, EPA’s prior 2004 (60 FR 69298) final
Air Planning and Implementation 1 In the 2016 EPA rule, EPA also discussed the rulemaking that revised the definition of
Branch, Air, Pesticides and Toxics efforts surrounding any future determinations about VOC to exclude TBAC as a negligibly
Management Division, U.S. the health risks associated with TBAC, including reactive compound and EPA’s 2016 (81
sradovich on DSK3GMQ082PROD with RULES

noting that data collected through the
Environmental Protection Agency, recordkeeping and reporting requirements did not
FR 9339) final rulemaking that removed
Region 4, 61 Forsyth Street SW, Atlanta, appear relevant to any such future determinations TBAC recordkeeping, emissions
Georgia 30303–8960. EPA requests that and that EPA was assessing the health risks from reporting, photochemical dispersion
if at all possible, you contact the person TBAC through its Integrated Risk Information modeling, and inventory requirements
System. This effort is on-going and more
listed in the FOR FURTHER INFORMATION information regarding health risks may be found at
for TBAC are also not reopened in the
CONTACT section to schedule your EPA’s previous 2016 rulemaking (81 FR 9339, current rulemaking action. Rather, in
inspection. The Regional Office’s 9341). the current action, the State is merely

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Document Created: 2018-06-26 00:52:09
Document Modified: 2018-06-26 00:52:09

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This final rule is effective on July 26, 2018.
Contact		Kevin Leone, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6227, [email protected]
FR Citation		83 FR 29694
CFR Associated		Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds