Federal Register, Volume 81 Issue 193 (Wednesday, October 5, 2016)
[Federal Register Volume 81, Number 193 (Wednesday, October 5, 2016)]
[Rules and Regulations]
[Pages 68936-68938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23970]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2016-0489; FRL-9953-64-Region 4]
Air Plan Approval; Georgia: Volatile Organic Compounds
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
portions of two revisions to the Georgia State Implementation Plan
(SIP) submitted by the Georgia Department of Environmental Protection
(GA EPD) on July 25, 2014, and November 1, 2015. These revisions modify
the definition of ``volatile organic compounds'' (VOC). Specifically,
these revisions add two compounds to the list of those excluded from
the VOC definition on the basis that these compounds make 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 December 5, 2016 without
further notice, unless EPA receives adverse comment by November 4,
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-2016-0489 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
[[Page 68937]]
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 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 lakeman.sean@epa.gov.
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 final rules approving the addition of trans-1,3,3,3-
tetrafluropropene (also known as HFO-1234ze) and 2-amino-2-methyl-1-
propanol (AMP) to the list of those compounds excluded from the
regulatory definition of VOC. See 77 FR 37610 (June 22, 2012) and 79 FR
17037 (March 27, 2014). Georgia is updating its SIP to be consistent
with those changes to federal regulations.
II. Analysis of State's Submittal
On July 25, 2014, and November 1, 2015, Georgia submitted SIP
revisions \1\ to EPA for review and approval. The revisions modify the
definition of VOC found at Georgia's Rule 391-3-1-.01(llll), ``Volatile
Organic Compounds.'' Specifically, the revisions add trans-1,3,3,3-
tetrafluropropene (also known as HFO-1234ze) and 2-amino-2-methyl-1-
propanol (AMP) to the list of compounds excluded from the VOC
definition on the basis that each of these compounds makes a negligible
contribution to tropospheric ozone formation.
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\1\ EPA will consider the other changes included in Georgia's
July 25, 2014, and November 5, 2015, SIP revisions in a future
rulemaking.
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These changes 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 revisions to
Rule 391-3-1-.01(llll), ``Volatile Organic Compounds,'' are approvable
under section 110(l) because they reflect changes to federal
regulations based on findings that the aforementioned compounds are
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 Rule 391-3-
1-.01 ``Definitions'' effective August 3, 2015, which revised 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\ The effective date of the rule change made in Georgia's July
25, 2014, SIP revision is August 1, 2013. However, that change to
Georgia's rule is captured and superseded by Georgia's update in the
November 1, 2015, SIP revision.
\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
aforementioned changes to Georgia's SIP for Rule 391-3-1-.01(llll). EPA
has evaluated the relevant portions of Georgia's July 25, 2014, and
November 1, 2015, SIP revisions and has determined that they meet the
applicable requirements of the CAA and EPA regulations and are
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 December 5, 2016
without further notice unless the Agency receives adverse comments by
November 4, 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 December 5, 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
[[Page 68938]]
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.);
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 (Public Law 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 December 5, 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 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, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: September 23, 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 L--Georgia
0
2. Section 52.570(c) is amended by revising the entry for ``391-3-
1-.01'' to read as follows:
Sec. 52.570 Identification of plan.
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(c) * * *
EPA Approved Georgia Regulations
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State
State citation Title/subject effective date EPA approval date Explanation
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391-3-1-.01.................... Definitions......... 8/3/2015 10/5/2016, [Insert only changes to
citation of Rule 391-3-1-
publication]. .01(llll).
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[FR Doc. 2016-23970 Filed 10-4-16; 8:45 am]
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