ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-0AR-201O-0289-201018(a); FRLApproval and Promulgation of Implementation Plans

Alabama: Volatile OrganicCompounds

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct ~nal 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 by 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 IInsert date 60 days from date of publication in the Federal

Register) without further notice. unless EPA receives relevant adverse comment by [Insert date

30 days from date of publication in the Federal Register). 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-R04-0AR-2010-

0289, by one of the 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 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 to 4:30, excluding federal 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) or other information whose disclosure is restricted by statute. Do not submit

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through www.regulations.gov or e-mail, infonnation that you consider to be CBI or otherwise

protected. The www.regulations.gov website is an "anonymous access" system, which means

EPA will not know your identity or contact infonnation unless you provide it in the body of your

comment. If you send an e~mail comment directly to EPA without going through

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

infonnation in the body of your comment and with any disk or CD-ROM you submit. IfEPA

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 fonn of encryption, and be free of any defects or viruses. For additional

infonnation 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 www.regulations.gov index.

Although listed in the index, some infonnation is not publicly available, i.e., CBI or other

infonnation 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 fonn.

Publicly available docket materials are available either electronically in 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

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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 to

4:30, 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.

Table of Contents

I. Background

II. Analysis of the State's Submittal

III. Final Action

IV. Sta'tutory 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

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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.

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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 [Insert date 60 days from the date of publication]

without further notice unless the Agency receives adverse comments by [Insert date 30 days

from date of publication]. If the 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 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 [Insert date 60 days from date of publication] and no further

action will be taken on the proposed rule.

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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. 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 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 (Public Law

104-4);

• does not have Federalism implications as specified in Executive Order 13132 (64FR

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);

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• 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 tpe 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).

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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 [FEDERAL REGISTER

OFFICE: insert date 60 days from date of publication of this document in the Federal Register).

Filing a petition for reconsideration by the Administrator of this final rule does not affect the

finality of this action for the purposes ofjudicial 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 § 307(b)(2), 42 U.S.c. 7607(b)(2).

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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.

~L~)~IO

Dated:

Acting Regional Administrator,

Region 4.

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40 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.

Subpart B - 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 of plan.

* * * * *

EPA A dAI b R I'

(c) * * *

·PI)rove a ama egu atlOns

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

in Federal carbonate from VOC

Register] definition

[Insert citation

of publication]

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* * I * * * * *

* * * * *

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