[Federal Register Volume 85, Number 110 (Monday, June 8, 2020)]
[Proposed Rules]
[Pages 35035-35036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12140]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0170; FRL-10010-10-Region 4]


Air Plan Approval; Alabama: Air Quality Control, VOC Definition

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
State of Alabama, through the Alabama Department of Environmental 
Management (ADEM) on February 27, 2020. The revision modifies the 
State's air quality regulations as incorporated into the SIP by 
changing the definition of ``volatile organic compounds'' (VOC) to be 
consistent with federal regulations. EPA is proposing to approve this 
SIP revision because the State has demonstrated that these changes are 
consistent with the Clean Air Act (CAA or Act).

DATES: Comments must be received on or before July 8, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2020-0170 at 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 www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Sarah LaRocca, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street SW, Atlanta, Georgia 30303-8960.

[[Page 35036]]

The telephone number is (404) 562-8994. Ms. LaRocca can also be reached 
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 implement rules to limit the amount of 
certain VOC and NOX that can be released into the 
atmosphere. VOC 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.
    EPA determines whether a given carbon compound has ``negligible'' 
reactivity by comparing the compound's reactivity to the reactivity of 
ethane. It is EPA's policy that compounds of carbon with negligible 
reactivity be excluded from the regulatory definition of VOC. See 42 FR 
35314 (July 8, 1977), 70 FR 54046 (September 13, 2005). 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.

II. Analysis of State Submission

    EPA is proposing to approve the change to the Alabama SIP submitted 
by the State of Alabama through a letter dated February 27, 2020 \1\ 
that revises the definition of ``Volatile Organic Compounds (VOC)'' at 
subparagraph (gggg) of Rule 335-3-1-.02--``Definitions'' by adding cis-
1,1,1,4,4,4--hexafluorobut-2-ene (HFO-1336mzz-Z) to the list of organic 
compounds having negligible photochemical reactivity.\2\ Alabama 
submitted this SIP revision in response to EPA adding cis-1,1,1,4,4,4-
hexafluorobut-2-ene to the exclusion list at 40 CFR 51.100(s). See 83 
FR 61127 (January 28, 2019). EPA proposes to find that this change to 
the SIP will not interfere with attainment or maintenance of any 
national ambient air quality standard, reasonable further progress, or 
any other applicable requirement of the CAA, consistent with CAA 
section 110(l), because EPA has found this chemical to be negligibly 
reactive.
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    \1\ EPA received Alabama's SIP revision on March 5, 2020.
    \2\ On February 27, 2020, Alabama submitted other SIP revisions 
which will be addressed in separate actions.
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III. Incorporation by Reference

    In this document, 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 Alabama Rule 335-3-1-.02--``Definitions,'' Subparagraph 
(gggg)--``Volatile Organic Compounds (VOC),'' state-effective April 13, 
2020, to revise this definition by adding cis-1,1,1,4,4,4--
hexafluorobut-2-ene (HFO-1336mzz-Z) to the list of organic compounds 
having negligible photochemical activity. 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 as the For Further Information Contact section of 
this preamble for more information).

IV. Proposed Action

    EPA is proposing to approve the State of Alabama's February 27, 
2020 SIP submission that revises the definition of ``Volatile Organic 
Compounds (VOC)'' at Rule 335-3-1-.02(gggg) to be consistent with 
federal regulations and CAA requirements.

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 1955 (Pub. L. 104-4);
     Does not have Federalism implications as specified in the 
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 
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.

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

    Dated: May 29, 2020.
Mary Walker,
Regional Administrator, Region 4.
[FR Doc. 2020-12140 Filed 6-5-20; 8:45 am]
 BILLING CODE 6560-50-P