[Federal Register Volume 82, Number 244 (Thursday, December 21, 2017)]
[Rules and Regulations]
[Pages 60517-60520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27458]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

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


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

DATES: This direct final rule is effective March 21, 2018, unless EPA 
receives relevant adverse comments by January

[[Page 60518]]

22, 2018. If EPA receives relevant adverse comments, EPA will publish a 
timely withdrawal of the rule in the Federal Register and inform the 
public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2017-0699, at http://www.regulations.gov or via email to 
[email protected]. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e. on the web, cloud, or other file sharing system). For 
additional submission methods, please contact Ms. Nevine Salem, (214) 
665-7222, [email protected]. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at the EPA 
Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all 
documents in the docket are listed in the index, some information may 
be publicly available only at the hard copy location (e.g., copyrighted 
material), and some may not be publicly available at either location 
(e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Ms. Nevine Salem, (214) 665-7222, 
[email protected]. To inspect the hard copy materials, please 
schedule an appointment with Ms. Nevine Salem or Mr. Bill Deese at 214-
665-7253.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

I. Background

    Tropospheric ozone, commonly known as smog, is formed when VOCs and 
nitrogen oxides (NOX) react in the atmosphere in the 
presence of sunlight. Because of the harmful health effects of ozone, 
the EPA and state governments limit the amount of VOCs that can be 
released into the atmosphere. VOCs are those organic compounds of 
carbon (excluding carbon monoxide, carbon dioxide, carbonic acid, 
metallic carbides or carbonates, and ammonium carbonate) that form 
ozone through atmospheric photochemical reactions. Different VOCs have 
different levels of reactivity. That is, they do not react to form 
ozone at the same speed or do not form ozone to the same extent. Some 
VOCs react slowly or form less ozone; therefore, changes in their 
emissions have less and, in some cases, very limited effects on local 
or regional ozone pollution episodes. It has been the EPA's policy that 
organic compounds with a negligible level of reactivity should be 
excluded from the regulatory VOC definition so as to focus VOC control 
efforts on compounds that do significantly increase ozone 
concentrations. The EPA also believes that exempting such compounds 
creates an incentive for industry to use negligibly reactive compounds 
in place of more highly reactive compounds that are regulated as VOCs.
    EPA periodically revises the list of negligibly reactive compounds 
to add or delete VOCs from regulation on the basis that these compounds 
make a negligible contribution to tropospheric ozone formation. Section 
302(s) of the CAA specifies that the EPA has the authority to define 
the meaning of ``VOC,'' and hence what compounds shall be treated as 
VOCs for regulatory purposes. The policy of excluding negligibly 
reactive compounds from the VOC definition was first set forth in the 
``Recommended Policy on Control of Volatile Organic Compounds'' (42 FR 
35314, July 8, 1977) and was supplemented most recently with the 
``Interim Guidance on Control of Volatile Organic Compounds in Ozone 
State Implementation Plans'' (Interim Guidance) (70 FR 54046, September 
13, 2005). The EPA uses the reactivity of ethane as the threshold for 
determining whether a compound has negligible reactivity. Compounds 
that are less reactive than, or equally reactive to, ethane under 
certain assumed conditions may be deemed negligibly reactive and 
therefore suitable for exemption from the regulatory definition of VOC. 
Compounds that are more reactive than ethane continue to be considered 
VOCs for regulatory purposes and therefore are subject to control 
requirements. The selection of ethane as the threshold compound was 
based on a series of smog chamber experiments that underlay the 1977 
policy.
    The EPA lists compounds that it has determined to be negligibly 
reactive in its regulations as being excluded from the definition of 
VOC. (40 CFR 51.100(s)). The Arkansas submittal will update its SIP to 
be consistent with current EPA definitions to provide clarity and 
consistency for owners and operators of sources subject to ADEQ rules 
regarding VOC control.
    The specific organic compounds that will be excluded from ADEQ's 
definition of VOC that is in the SIP with this revision include: trans-
1,3,3,3-tetrafluoropropene; 2,3,3,3-tertrafluropropene; \1\ 
HCF2OCF2H (HFE-134); 
HCF2OCF2OCF2H (HFE-236cal2); 
HCF2OCF2CF2OCF2H (HFE-
338pcc13); 
HCF2OCF2OCF2CF2OCF2
OCF2H (H-Galden 1040x or H-Galden ZT 130 (or 150 or 180)); 
\2\ trans 1-chloro-3,3,3-trifluoroprop-1-ene; \3\ and 2-amino-2-methyl-
1-propanol.\4\
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    \1\ See 78 FR 62451, October 22, 2013--Exclusion of trans-1&2, 
3,3,3,-tetrafluoropropene.
    \2\ See 78 FR 9823, February 12, 2013--Exclusion of group of 
four Hydrofluoropolyethers (HPEPs).
    \3\ See 78 FR 53029, August 28, 2013--Exclusion of trans 1-
Chloro-3,3,3 trifluoroprop-1-ene.
    \4\ See 79 FR 17037, March 27, 2014--Exclusion of 2-amino-2-
methyl-1-propanol.
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II. The EPA's Evaluation

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

[[Page 60519]]

progress (as defined in CAA section 171), or any other applicable 
requirement of the Act. The revision to Arkansas Regulation No. 19, 
Chapter 2: Definitions, is approvable under section 110(l) because it 
reflects changes to federal regulations based on findings that the 
aforementioned compounds are negligibly reactive.\6\
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    \5\ See Interim Guidance on Control of Volatile Organic 
Compounds in Ozone Implementation Plans. (70 FR 54046, September 13, 
2005).
    \6\ Please see footnotes 1 through 4 in this rulemaking.
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III. Final Action

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

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, the EPA is finalizing the incorporation by reference of the 
revisions to the Arkansas regulations as described in the Final Action 
section above. The EPA has made, and will continue to make, these 
materials generally available through www.regulations.gov and/or at the 
EPA Region 6 Office (please contact Ms. Nevine Salem for more 
information). Therefore, these materials have been approved by EPA for 
inclusion in the SIP, have been incorporated by reference by EPA into 
that plan, are fully federally enforceable under sections 110 and 113 
of the CAA as of the effective date of the final rulemaking of EPA's 
approval, and will be incorporated by reference by the Director of the 
Federal Register in the next update to the SIP compilation (62 FR 
27968, May 22, 1997).

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by February 20, 2018. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2).)
    Samuel Coleman was designated the Acting Regional Administrator on 
December 15, 2017 through the order of succession outlined in Regional 
Order R6-1110.13, a copy of which is included in the docket for this 
action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations,

[[Page 60520]]

Reporting and recordkeeping requirements.

    Dated: December 15, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart E--Arkansas

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


Sec.  52.170  Identification of plan.

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    2. (c) * * *

                                  EPA-Approved Regulations in the Arkansas SIP
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                                                          State
         State citation             Title/subject      submittal/       EPA approval date         Explanation
                                                     effective date
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         Regulation No. 19: Regulations of the Arkansas Plan of Implementation for Air Pollution Control
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                                             Chapter 2: Definitions
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Chapter 2......................  Definitions.......       3/24/2017  12/21/2017, [Insert      ..................
                                                                      Federal Register
                                                                      citation].
 
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[FR Doc. 2017-27458 Filed 12-20-17; 8:45 am]
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