[Federal Register Volume 82, Number 157 (Wednesday, August 16, 2017)]
[Rules and Regulations]
[Pages 38841-38844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17231]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0436; FRL-9966-38-Region 4]


Air Plan Approval; AL; VOC Definitions and Particulate Emissions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: On May 19, 2017, the State of Alabama, through the Alabama 
Department of Environmental Management (ADEM), submitted changes to the 
Alabama State Implementation Plan (SIP). The Environmental Protection 
Agency (EPA) is taking direct final action to approve the submission. 
Specifically, the revision pertains to definitional changes, including 
the modification of the definition of ``volatile organic compounds'' 
(VOCs), correction of a typographical error, and removal of control of 
particulate emissions and opacity limits. EPA is taking direct final 
action to approve the SIP revision because the State has demonstrated 
that these changes are consistent with the Clean Air Act (CAA or Act).

DATES: This direct final rule is effective October 16, 2017 without 
further notice, unless EPA receives adverse comment by September 15, 
2017. If adverse comment is received, EPA 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-2017-0436 at https://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 https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Richard Wong, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. The telephone number is (404) 562-8726. Mr. Wong can be 
reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    In this rulemaking, EPA is approving changes to the Alabama SIP, 
submitted by the State on May 19, 2017. The submission revises ADEM 
Rule 335-3-1-.02--Definitions and Rule 335-3-4-.08--Wood Waste Boilers. 
This rulemaking revises the definition of VOCs, corrects a 
typographical error and removes particulate emission and opacity limits 
for Talladega County.

II. EPA's Analysis of Alabama's SIP Revision

A. Rule 335-3-1-.02--Definitions

    Tropospheric ozone, commonly known as smog, occurs when VOCs and 
nitrogen oxides (NOX) react with sunlight in the atmosphere. 
Because of the harmful health effects of ozone, EPA limits the amount 
of VOCs and NOX that can be released into the atmosphere. 
VOCs are those compounds of carbon (excluding carbon monoxide, carbon 
dioxide, carbonic acid, metallic carbides or carbonates, and ammonium 
carbonate) that participate in atmospheric photochemical reactions. 
Different VOCs have different levels of reactivity; they do not react 
at the same speed or form ozone to the same extent.
    EPA determines whether a given carbon compound has ``negligible'' 
reactivity by comparing the compound's reactivity to the reactivity of 
ethane. It has been EPA's policy that compounds of carbon with 
negligible reactivity need not be regulated to reduce ozone. See 42 FR 
35314, July 8, 1977. 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.

[[Page 38842]]

    On November 29, 2004,\1\ and August 1, 2016,\2\ EPA issued final 
rules revising the definition of VOCs by adding new compounds (tertiary 
butyl acetate (or t-Butyl acetate) and 1,1,2,2-Tetrafluoro-1-(2,2,2-
trifluoroethoxyl) ethane) to the list of those that considered to be 
negligibly reactive compounds, and on February 25, 2016 (81 FR 9339), 
EPA issued a final rule removing recordkeeping, emissions reporting, 
photochemical dispersion modeling, and inventory requirements for t-
Butyl acetate. The State's May 19, 2017, SIP revision adds these 
compounds to the list of negligibly reactive compounds under ADEM Rule 
335-3-1-.02 subpart (gggg). The SIP revision also removes the 
recordkeeping, emissions reporting, photochemical dispersion modeling, 
and inventory requirements requirement for t-Butyl acetate. 
Additionally, the submittal makes a typographical correction under 
subpart (gggg)(iii). EPA proposes to approve these revisions because 
they are consistent with the definition of VOC at 40 CFR 51.100(s).
---------------------------------------------------------------------------

    \1\ In EPA's November 29, 2004, final rulemaking, the Agency 
adds tertiary butyl acetate to the list of excluded compounds from 
the definition of VOCs. See 69 FR 69298.
    \2\ In EPA's August 1, 2016, final rulemaking, the Agency adds 
1,1,2,2-Tetrafluoro-1-(2,2,2-trifluoroethoxyl) ethane to the list of 
excluded compounds from the definition of VOCs. See 81 FR 20330.
---------------------------------------------------------------------------

    The State's addition of exemptions from the definition of VOCs and 
removal of recordkeeping, emissions reporting, photochemical dispersion 
modeling, and inventory requirements for t-butyl acetate are approvable 
under section 110(l) because it reflects changes to Federal regulations 
based on findings that the exempted compounds are negligibly reactive. 
The typographical error correction makes ministerial changes for 
consistency.

B. Rule 335-3-4-.08--Wood Waste Boilers

    Rule 335-3-4-.08--Wood Waste Boilers was adopted into the Alabama 
SIP on April 23, 1974 (39 FR 14338), to provide emission limits based 
on available control technologies and included a 0.30 grain per dry 
standard cubic foot (gr/dscf) emissions limit for boilers burning a 
combination of wood waste and fossil fuels. On November 24, 1981 (46 FR 
57484), EPA finalized a SIP revision allowing pulp mills to operate 
boilers that burn only wood waste in Talladega County. This change 
allowed a particulate matter emissions concentration of 0.45 gr/dscf 
when burning wood waste alone (but total emissions would remain the 
same provided boilers operate on a reduced rate). On July 11, 1986 (51 
FR 25198), EPA approved a revision adding a new paragraph 3 at Rule 
335-3-4-.08 that relaxed the allowable emission limit to 0.60 gr/dscf 
for wood waste boiler sources that operate up to 300 million British 
thermal unit per hour and tightened allowable emissions for other types 
of sources in Talladega County. Compliance with the emission limit was 
determined by an annual stack test. Additionally, an opacity limit of 
76 percent was established and would be measured by a transmissometer.
    The May 19, 2017, SIP revision removes paragraph 3, applicable only 
to sources in Talladega County, because the type of source no longer 
exists in the County or anywhere else in the State. Moreover, if such a 
source were to begin operating in the future, it would be subject to 
more stringent requirements under Rule 335-3-4-.08 paragraph 2.
    EPA believes that these changes to the regulatory portion of the 
SIP are consistent with section 110 of the CAA and meet the regulatory 
requirements pertaining to SIPs. Pursuant to CAA section 110(l), the 
Administrator shall not approve a revision of a plan if the revision 
would interfere with any applicable requirement concerning attainment 
and reasonable further progress (as defined in CAA section 171), or any 
other applicable requirement of the Act. The State's removal of 
emissions and opacity requirements for Talladega County is an 
approvable change under section 110(l) because, should these sources 
start operating, they would fall under more stringent rules in the SIP.

III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of Rule 335-3-
1-.02--Definitions and Rule 335-3-4-.08--Wood Waste Boilers, effective 
June 9, 2017. Therefore, these materials have been approved by EPA for 
inclusion in the SIP, have been incorporated by reference by EPA into 
that plan, are fully federally enforceable under sections 110 and 113 
of the CAA as of the effective date of the final rulemaking of EPA's 
approval, and will be incorporated by reference by the Director of the 
Federal Register in the next update to the SIP compilation.\3\ EPA has 
made, and will continue to make, these materials generally available 
through https://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).
---------------------------------------------------------------------------

    \3\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

IV. Final Action

    EPA is taking direct final action to approve portions of Alabama's 
May 19, 2017, submission submitted by the State of Alabama through 
ADEM. The submission revises Rule 335-3-1-.02--Definitions and Rule 
335-3-4-.08--Wood Waste Boilers.
    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 October 16, 2017 
without further notice unless the Agency receives adverse comments by 
September 15, 2017.
    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 adverse 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 October 16, 2017 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);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

[[Page 38843]]

     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 October 16, 2017. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. 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 today's 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, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: August 7, 2017.
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 entries for ``Section 
335-3-1-.02'' and ``Section 335-3-4-.08'' to read as follows:


Sec.  52.50  Identification of plan.

* * * * *
    (c) * * *

                                        EPA Approved Alabama Regulations
----------------------------------------------------------------------------------------------------------------
                                                            State
         State citation              Title/subject     effective date   EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
                                      Chapter No. 335-3-1 General Provision
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 335-3-1-.02.............  Definitions........        6/9/2017  8/16/2017; [Insert
                                                                        citation of
                                                                        publication].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                Chapter 335-3-4 Control of Particulate Emissions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 335-3-4-.08.............  Wood Waste Boilers.        6/9/2017  8/16/2017; [Insert
                                                                        citation of
                                                                        publication].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 38844]]

* * * * *
[FR Doc. 2017-17231 Filed 8-15-17; 8:45 am]
 BILLING CODE 6560-50-P