ENVIRONMENTALPROTECTION AGENCY 40 CFR Part 52 [EPA-R04-0AR-201O-0289-201018(a); FRLApproval and Promulgation ofImplementation Plans Alabama: Volatile OrganicCompounds



### AGENCY: Environmental Protection Agency (EPA). 

### ACTION: Direct final rule. 

### SUMMARY: EPA is taking direct**~nal** action to approve arevision to the Alabama State Implementation Plan (SIP) submitted bythe AlabamaDepartment ofEnvironmental Management (ADEM) on March 3.2010. The revision modifies the definition of"volatile organic compounds" (VOCs) found atAlabamaAdministrative Code (AAC) section 335-3-1- .02(gggg). Specifically. the revision adds two compounds (propylene carbonate and dimethyl carbonate) to the list ofthose excluded from the VOC definition on the basis that these compounds make a negligible contribution to tropospheric ozone formation. ADEM is updating its SIPto be consistent with the EPA rule finalized by onJanuary 21. 2009. which excludes these compounds from the regulatory VOC definition. This action is being taken pursuant to Section 110 ofthe Clean AirAct (CAA).



### DATES: This rule is effective on IInsertdate 60 days from date ofpublication in the Federal Register) withoutfurther notice. unless EPA receives relevant adverse commentby [Insertdate 30 days from date ofpublication in the Federal Register). IfEPA receives such comment. EPA will publish a timely withdrawal in the Federal Register informing the public thatthis rule willnot take effect.


### ADDRESSES: Submityour comments, identified by Docket ID No. EPA-R04-0AR-2010- 0289, by one ofthe following methods: 1. 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-R04-0AR-2010-0289," Regulatory DevelopmentSection, AirPlanning 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, AirPlanning Branch, Air, Pesticides and Toxics ManagementDivision, U.S. Environmental Protection Agency, Region4,61 Forsyth Street, SW, Atlanta, Georgia 30303-8960. Such deliveries are only accepted during the Regional Office's normal hours ofoperation. The Regional Office's official hours ofbusiness are Monday through Friday, 8:30 to 4:30, excludingfederal holidays.

Instructions: Direct your comments to Docket ID No. "EPA-R04-0AR-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 www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) orother information whose disclosure is restricted by statute. Do not submit

2through www.regulations.gov or e-mail, infonnation that you consider to be CBI orotherwise protected. The www.regulations.gov website is an "anonymous access" system, which means EPA will notknow your identity or contact infonnation unless you provide it in the body ofyour comment. Ifyou send an**e~mail** commentdirectly to EPA without going through www.regulations.gov, youre-mail address will be automatically captured and included as partof the comment that is placed in the public docket and made available on the Internet. Ifyou submit an electronic comment, EPA recommends that you include yourname and othercontact infonnation in the body ofyourcomment and with any disk orCD-ROM you submit. IfEPA cannotread yourcomment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider yourcomment. Electronic files should avoid the use ofspecial characters, any fonn ofencryption, andbe free ofany defects or viruses. For additional infonnation about EPA's public docket visit the EPA Docket Centerhomepage at http://www.epa.gov/epahome/dockets.htm.

Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some infonnation is not publicly available, i.e., CBI orother infonnation whose disclosure is restricted by statute. Certain othermaterial, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copyfonn. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Regulatory Development Section, AirPlanning 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 ifat all possible, you contact the
3person listed in the 

### FORFURTHERINFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours ofbusiness are Monday through Friday, 8:30 to 4:30, excluding federal holidays.



### FOR FURTHERINFORMATION CONTACT: Zuri Farngalo, Regulatory Development Section, AirPlanning Branch, Air, Pesticides and Toxics ManagementDivision, 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.



### Table ofContents I. Background II. Analysis ofthe State's Submittal III. Final Action IV. Sta'tutory andExecutive OrderReviews

I. Background
Tropospheric ozone, commonly known as smog, occurs when VOCs and nitrogen oxides (NOx) react in the atmosphere. Because ofthe harmful health effects ofozone, EPA limits the amount ofVOCs and NOx thatcanbe released into the atmosphere. VOCs are those compounds ofcarbon (excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or
4carbonates, and ammonium carbonate) that form ozone through atmospheric photochemical reactions. Compounds ofcarbon (ororganic compounds) have different levels ofreactivity; they do not react at the same speed, or do not form ozone to the same extent. It has beenEPA's policy that compounds ofcarbon with negligible reactivity need notbe 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 ofethane. EPA lists these compounds in its regulations at40 CFR 51.100(s) and excludes them from the definition ofVOC. The chemicals on this list are often called "negligibly reactive." EPA may periodically revise the list ofnegligibly reactive compounds to add or delete compounds. OnJanuary 21,2009, EPA issued a final rule approving the addition ofpropylene carbonate and dimethyl carbonate to the list ofthose compounds excluded from the regulatory definition ofVOc. See 74 FR 3437. ADEM is updating its SIP to be consistentwith federal regulations.


### II. Analysis ofthe State's Submittal OnMarch 3, 2010, ADEM submitted a proposed SIP revision to EPA for review and approval. The revision modifies the definition ofVOCs found at AAC section 335-3-1- .02(gggg). Specifically, the revision adds two compounds (propylene and dimethyl carbonate) to the list ofthose excluded from the VOC definition on the basis that these compounds make a negligible contribution to tropospheric ozone formation.

5EPA 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 ofVOC to be consistentwith EPA regulations. These changes are consistent with the CAA, 42 U.S.C. 7401 

### etseq.



### III. Final Action Pursuant to section 110 ofthe 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 ofthe CAA and EPA regulations and is consistent with EPA policy. EPA is publishing this rule withoutprior proposal because the Agency views this as anoncontroversial submittal and anticipates no adverse comments. However, in the proposed rules section ofthis Federal Registerpublication, 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 [Insertdate 60 days from the date ofpublication] withoutfurther notice unless the Agency receives adverse comments by [Insert date 30 days from date ofpublication]. Ifthe EPA receives such comments, then EPA will publish a document withdrawing the fmal rule and informing the public that the rule will not take effect. All public comments received will then be addressed in a subsequentfinal rule based on the proposed rule. EPA will not institute a second commentperiod. Parties interested in commenting should do so at this time. Ifno such comments are received, the public is advised that this rule will be effective on [Insert date 60 days from date ofpublication] and no further action will be taken on the proposed rule.

6

### IV. Statutory and Executive OrderReviews

Underthe CAA, the Administrator is required to approve a SIP submission that complies with the provisions ofthe Act and applicable Federal regulations. 42 U.S.c. 741O(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 ofthe CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. Forthatreason, this action:

• is not a "significantregulatory action" subject to review by the Office ofManagement and BudgetunderExecutive Order 12866 (58 FR 51735, October4, 1993);

• does not impose an information collection burden underthe provisions ofthe Paperwork Reduction Act (44 U.S.C. 3501 etseq.);

• is certified as nothaving a significant economic impact on a substantial numberofsmall entities under the Regulatory Flexibility Act (5 U.S.C. 601 etseq.);

• does not contain any unfunded mandate or significantly oruniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 104-4);

• does nothave Federalism implications as specified in Executive Order 13132 (64FR 43255, August 10, 1999);

• is not an economically significantregulatory action based onhealth or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

7• is not a significantregulatory action subject to Executive Order 13211 (66 FR 28355, May 22,2001);

• is not subject to requirements ofSection 12(d) ofthe National Technology Transfer and Advancement Act of 1995 (15 U.S.c. 272 note) because application ofthose requirements would be inconsistent with the CAA; and

• does notprovide EPA with the discretionary authority to address, as appropriate, disproportionate human health orenvironmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does nothave tribal implications as specifiedby 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 directcosts on tribal governments orpreempt tribal law. The Congressional Review Act, 5 U.S.c. 801 

### etseq, as added by tpe Small Business Regulatory Enforcement Fairness Act of 1996, generally provides thatbefore arule may take effect, the agency promulgating the rule must submit arule report, which includes a copy ofthe rule, to each House ofthe Congress and to the ComptrollerGeneral ofthe United States. EPA will submit areport containing this action and otherrequired information to the U.S. Senate, the U.S. House ofRepresentatives, and the Comptroller General ofthe United States priorto publication ofthe rule in the Federal Register. A majorrule cannot take effectuntil 60 days after it is published in the Federal Register. This action is not a "majorrule" as defined by 5 U.S.c. 804(2).
8Under section 307(b)(1) ofthe CAA, petitions forjudicial review ofthis action mustbe filed in the United States CourtofAppeals for the appropriate circuitby [FEDERALREGISTER OFFICE: insertdate 60 days from date ofpublication ofthis document in the Federal Register). Filing apetitionfor reconsideration by the Administratorofthis final rule does not affect the finality ofthis action for the purposes of judicial review nor does it extend the time within which
a petition forjudicial review may be filed, and shall notpostpone the effectiveness ofsuch rule
or action. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice ofproposed rulemaking for this action published in the proposed rules section oftoday's Federal Register, ratherthan file an immediate petition forjudicial review ofthis directfinal rule, so thatEPA 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 § 307(b)(2), 42 U.S.c. 7607(b)(2).

9List ofSubjects in 40 CFR part52 Environmental protection, Air pollution control, Intergovernmental relations, Incorporation by reference, Ozone, Nitrogen dioxides, Reporting and recordkeeping requirements, Volatile organic compounds.

# ~L~)~IO Dated: Acting Regional Administrator, Region 4.

1040 CFR part 52 is amended as follows: PART 52--[AMENDED] 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.c. 7401 et seq. SubpartB - Alabama 2. Section 52.50(c) is amended by revising the entry for "Section 335-3-1-.02" to read as follows:

§ 52.50 Identification ofplan.



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## * R I' dAI b EPA A (c) 

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State citation Title/subject State effective EPA approval Explanation date date Chapter 335-3-1 General Provisions


## * * * * * * * Section 335-3-1- Definitions 03/30/10 [Insert Exclusion of .02 date of propylene carbonate publication and dimethyl inFederal carbonate from VOC Register] definition [Insert citation ofpublication] I 

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* 

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II