[Federal Register Volume 85, Number 183 (Monday, September 21, 2020)]
[Rules and Regulations]
[Pages 59192-59194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18107]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0170; FRL-10013-41-Region 4]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of Alabama, 
through the Alabama Department of Environmental Management (ADEM), in a 
letter dated 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 approving this SIP revision because 
the State has demonstrated that these changes are consistent with the 
Clean Air Act (CAA or Act).

DATES: This rule is effective October 21, 2020.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2020-0170. All documents in the docket 
are listed on the www.regulations.gov website. Although listed in the 
index, some information may not be publicly available, i.e., 
Confidential Business Information 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 can either 
be retrieved electronically via www.regulations.gov or in hard copy at 
the 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. 
EPA requests that if at all possible, you contact the person listed in 
the FOR FURTHER INFORMATION CONTACT section to schedule your 
inspection. The Regional Office's official hours of business are Monday 
through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays.

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. Ms. LaRocca can be 
reached via telephone at (404) 562-8994 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 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 approving 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-

[[Page 59193]]

hexafluorobut-2-ene to the exclusion list at 40 CFR 51.100(s). See 83 
FR 61127 (January 28, 2019). EPA finds 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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    In a notice of proposed rulemaking (NPRM) published on June 8, 2020 
(85 FR 35035), EPA proposed to approve Alabama's SIP submission 
provided on February 27, 2020. The June 8, 2020, NPRM provides 
additional detail regarding the background and rationale for EPA's 
action. Comments on the June 8, 2020, NPRM were due on or before July 
8, 2020. EPA received no comments on the June 8, 2020, NPRM.

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 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 in the For Further 
Information Contact section of this preamble for more information). 
Therefore, these materials have been approved by EPA for inclusion in 
the State implementation plan, 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 in the next 
update to the SIP compilation.\3\
---------------------------------------------------------------------------

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

IV. Final Action

    EPA is approving Alabama's February 27, 2020, SIP submission, which 
revises the definition of ``volatile organic compound'' 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.

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 
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).
    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 20, 2020. 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 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: August 12, 2020.
Mary Walker,
Regional Administrator, Region 4.

    For the reasons stated in the preamble, the EPA amends 40 CFR part 
52 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.

[[Page 59194]]

Subpart B--Alabama

0
2. In Sec.  52.50 amend the table in paragraph (c) by revising the 
entry for ``Section 335-3-1-.02'' under``Chapter No. 335-3-1 General 
Provision'' 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........       4/13/2020  9/21/2020, [Insert
                                                                         citation of
                                                                         publication].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2020-18107 Filed 9-18-20; 8:45 am]
BILLING CODE 6560-50-P