[Federal Register Volume 81, Number 180 (Friday, September 16, 2016)]
[Rules and Regulations]
[Pages 63701-63704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22221]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2016-0473; FRL-9952-30-Region 4]


Air Plan Approval; Alabama: Volatile Organic Compounds

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
portion of a revision to the Alabama State Implementation Plan (SIP) 
submitted by the Alabama Department of Environmental Management (ADEM) 
on May 8, 2013. The revision modifies the definition of ``volatile 
organic compounds'' (VOC). Specifically, the revision adds one compound 
to the list of those excluded from the VOC definition on the basis that 
this compound makes a 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 November 15, 2016 without 
further notice, unless EPA receives adverse comment by October 17, 
2016. If EPA receives such comments, it will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2016-0473 at 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

[[Page 63702]]

http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman, 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. Mr. Lakeman can be reached by phone at (404) 562-9043 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.
    EPA issued a final rule approving the addition of trans-1,3,3,3-
tetrafluropropene (also known as HFO-1234ze) to the list of those 
compounds excluded from the regulatory definition of VOC. See 77 FR 
37610 (June 22, 2012). Alabama is updating its SIP to be consistent 
with that change to federal regulations.

II. Analysis of State's Submittal

    On May 8, 2013, ADEM submitted a SIP revision \1\ to EPA for review 
and approval. The revision modifies the definition of VOC found at 
Alabama Administrative Code section 335-3-1-.02(gggg). Specifically, 
the revision adds trans-1,3,3,3-tetrafluropropene (also known as HFO-
1234ze) to the list of compounds excluded from the VOC definition on 
the basis that this compound makes a negligible contribution to 
tropospheric ozone formation.
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    \1\ EPA will consider the other changes included in Alabama's 
May 8, 2013, SIP submittal, which relate to permitting, greenhouse 
gases, and transportation conformity, in a future rulemaking.
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    This change is consistent with section 110 of the CAA and meets the 
regulatory requirements pertaining to SIPs. Pursuant to CAA section 
110(l), the Administrator shall not approve a revision of a plan if the 
revision would interfere with any applicable requirement concerning 
attainment and reasonable further progress (as defined in CAA section 
171), or any other applicable requirement of the Act. The revision to 
Rule 335-3-1-.02(gggg) is approvable under section 110(l) because it 
reflects changes to federal regulations based on findings that the 
aforementioned compound is negligibly reactive.

III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of Alabama 
Regulation section 335-3-1-.02 ``Definitions,'' effective November 24, 
2015, which is the most up to date version of the definition of VOC.\2\ 
Therefore, this material has been approved by EPA for inclusion in the 
SIP, has been incorporated by reference by EPA into that plan, is 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.\3\ EPA has made, and will 
continue to make, these materials generally available through 
www.regulations.gov and/or at the EPA Region 4 Office (please contact 
the person identified in the ``For Further Information Contact'' 
section of this preamble for more information).
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    \2\ Although the effective date of the rule change made in 
Alabama's May 8, 2013, SIP revision is May 28, 2013, the most recent 
version of Alabama's Rule 335-3-1-.02(gggg) which is approved into 
the federally-approved SIP is November 24, 2015. See 81 FR 49899 
(July 29, 2016). The November 24, 2015, version of Alabama's Rule 
335-3-1-.02(gggg) captures the changes the State made to this rule, 
effective May 28, 2013.
    \3\ 62 FR 27968 (May 22, 1997).
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IV. Final Action

    Pursuant to section 110 of the CAA, EPA is approving the revision 
to the Alabama SIP changing the VOC definition. EPA has evaluated 
Alabama's May 8, 2013, submittal and has determined that it meets the 
applicable requirements of the CAA and EPA regulations and is 
consistent with EPA policy.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial submittal and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
adverse comments be filed. This rule will be effective November 15, 
2016 without further notice unless the Agency receives adverse comments 
by October 17, 2016.
    If EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on November 15, 2016 and no 
further action will be taken on the proposed rule.

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. 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);

[[Page 63703]]

     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).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 15, 2016. 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of this Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

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

    Dated: September 2, 2016.
V. Anne Heard,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart B--Alabama

0
2. Section 52.50(c) is amended by revising the entry for ``Section 335-
3-1-.02'' to read as follows:


Sec.  52.50  Identification of plan.

* * * * *
    (c) * * *

                                                            EPA Approved Alabama Regulations
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                                                                State
          State citation                Title/subject      effective date             EPA approval date                         Explanation
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                                                           Chapter 335-3-1--General Provisions
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                                                                      * * * * * * *
Section 335-3-1-.02...............  Definitions..........      11/24/2015  9/16/2016, [Insert Federal Register
                                                                            citation].
 
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[FR Doc. 2016-22221 Filed 9-15-16; 8:45 am]
 BILLING CODE 6560-50-P