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[Federal Register: September 21, 2010 (Volume 75, Number 182)]
[Rules and Regulations]               
[Page 57390-57393]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21se10-11]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2010-0289-201018(a); FRL-9203-9]

 
Approval and Promulgation of Implementation Plans; Alabama: 
Volatile Organic Compounds

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a revision to the 
Alabama State Implementation Plan (SIP) submitted by the Alabama 
Department of Environmental Management (ADEM) on March 3, 2010. The 
revision modifies the definition of ``volatile organic compounds'' 
(VOCs) found at Alabama Administrative Code (AAC) section 335-3-
1-.02(gggg). Specifically, the revision adds two compounds (propylene 
carbonate and dimethyl carbonate) to the list of those excluded from 
the VOC definition on the basis that these compounds make a negligible 
contribution to tropospheric ozone formation. ADEM is updating its SIP 
to be consistent with the EPA rule finalized on January 21, 2009, which 
excludes these compounds from the regulatory VOC definition. This 
action is being taken pursuant to Section 110 of the Clean Air Act 
(CAA).

DATES: This rule is effective on November 22, 2010 without further 
notice, unless EPA receives relevant adverse comment by October 21, 
2010. If EPA receives such comment, EPA will publish a timely 
withdrawal in the Federal Register informing the public that this rule 
will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2010-0289, by one of the following methods:

[[Page 57391]]

    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: benjamin.lynorae@epa.gov.
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2010-0289,'' Regulatory Development Section, 
Air Planning Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Regulatory 
Development Section, Air Planning Branch, Air, Pesticides and Toxics 
Management Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are 
only accepted during the Regional Office's normal hours of operation. 
The Regional Office's official hours of business are Monday through 
Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. ``EPA-R04-OAR-
2010-0289.'' EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at  http://www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Do not submit through http://www.regulations.gov or e-mail, information that you consider to be CBI 
or otherwise protected. The http://www.regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the  
http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI 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 are available either electronically in http://www.regulations.gov or in hard copy at the Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
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: Zuri Farngalo, Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. Zuri Farngalo may be reached 
by phone at (404) 562-9152 or by electronic mail address 
farngalo.zuri@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Analysis of the State's Submittal
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    Tropospheric ozone, commonly known as smog, occurs when VOCs and 
nitrogen oxides (NOX) react 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 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.
    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 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.
    On January 21, 2009, EPA issued a final rule approving the addition 
of propylene carbonate and dimethyl carbonate to the list of those 
compounds excluded from the regulatory definition of VOC. See 74 FR 
3437. ADEM is updating its SIP to be consistent with Federal 
regulations.

II. Analysis of the State's Submittal

    On March 3, 2010, ADEM submitted a proposed SIP revision to EPA for 
review and approval. The revision modifies the definition of VOCs found 
at AAC section 335-3-1-.02(gggg). Specifically, the revision adds two 
compounds (propylene and dimethyl carbonate) to the list of those 
excluded from the VOC definition on the basis that these compounds make 
a negligible contribution to tropospheric ozone formation.
    EPA is approving revisions to the Alabama SIP submitted on March 3, 
2010. This action amends Rule 335-3-1-.02(gggg) to update the 
definition of VOC to be consistent with EPA regulations. These changes 
are consistent with the CAA, 42 U.S.C. 7401 et seq.

III. Final Action

    Pursuant to section 110 of the CAA, EPA is approving the revision 
to the Alabama SIP revising the VOC definition. EPA has evaluated 
Alabama's March 3, 2010 submittal and has determined that it meets the 
applicable requirements of the CAA and EPA regulations and is 
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 
November 22, 2010 without further notice unless the Agency receives 
adverse comments by October 21, 2010. If the EPA receives such 
comments, then EPA will publish a document withdrawing the final rule 
and informing the public that the rule

[[Page 57392]]

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 November 22, 
2010 and no further action will be taken on the proposed rule.

IV. 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. 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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, this rule does not have Tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the State, 
and EPA notes that it will not 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 22, 2010. 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 CAA Sec.  307(b)(2), 42 U.S.C. 
7607(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Incorporation by reference, Ozone, Nitrogen dioxides, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: September 3, 2010.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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 entry for ``Section 335-
3-1-.02'' to read as follows:

Sec.  52.50  Identification of plan.

* * * * *
    (c) * * *

                                        EPA Approved Alabama Regulations
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                                                             State
          State citation              Title/Subject     effective date   EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
                                       Chapter 335-3-1 General Provisions
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                                                  * * * * * * *
Section 335-3-1-.02..............  Definitions........        03/30/10  09/21/10 [Insert     Exclusion of
                                                                         citation of          propylene
                                                                         publication].        carbonate and
                                                                                              dimethyl carbonate
                                                                                              from VOC
                                                                                              definition.

                                                  * * * * * * *
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[[Page 57393]]

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[FR Doc. 2010-23534 Filed 9-20-10; 8:45 am]
BILLING CODE 6560-50-P
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