Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Rules and Regulations 49899 

allows the bridge to remain in the 

closed-to-navigation position. 

DATES: This deviation is effective 

without actual notice from July 29, 2016 

through 6 a.m. on Friday, September 30, 

2016. For the purposes of enforcement, 

actual notice will be used from 8 p.m. 

on Monday, July 25, 2016, until July 29, 

2016. 

ADDRESSES: The docket for this 

deviation, [USCG–2016–0668] is 

available at http://www.regulations.gov. 

Type the docket number in the 

‘‘SEARCH’’ box and click ‘‘SEARCH’’. 

Click on Open Docket Folder on the line 

associated with this deviation. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Mr. Michael 

Thorogood, Bridge Administration 

Branch Fifth District, Coast Guard, 

telephone 757–398–6557, email 

Michael.R.Thorogood@uscg.mil. 

SUPPLEMENTARY INFORMATION: The 

Virginia Department of Transportation, 

who owns and operates the SR 156/ 

Benjamin Harrison Memorial Bridge 

across the James River, mile 65.0, at 

Hopewell, VA, has requested a 

temporary deviation from the current 

operating regulations set out in 33 CFR 

117.5, to facilitate replacement of the 

service elevators for both lift towers, 

install new electrical wiring, bird 

screens, and structural steel of the 

bridge. Under this temporary deviation, 

the bridge will be in the closed-tonavigation position from 8 p.m. to 6 

a.m.; Monday through Thursday; July 

25, 2016 to July 29, 2016; August 1, 

2016 to August 5, 2016; September 5, 

2016 to September 9, 2016; September 

12, 2016 to September 16, 2016; and 

alternative dates from September 19, 

2016 to September 23, 2016; and 

September 26, 2016 to September 30, 

2016. The bridge will open for vessels 

on signal during scheduled closure 

periods, if at least 24 hours notice is 

given. The bridge is a vertical lift bridge 

has a vertical clearance of 50 feet in the 

closed-to-navigation position above 

mean water. 

The James River is used by a variety 

of vessels including deep-draft vessels, 

tug and barge traffic, and recreational 

vessels. The Coast Guard has carefully 

coordinated the restrictions with 

waterway users in publishing this 

temporary deviation. 

Vessels able to pass through the 

bridge in the closed-to-navigation 

position may do so at anytime. The 

bridge will be able to open for 

emergencies during scheduled closure 

periods, if at least 30 minutes notice is 

given. The Coast Guard will also inform 

the users of the waterway through our 

Local Notice and Broadcast Notices to 

Mariners of the change in operating 

schedule for the bridge so that vessel 

operators can arrange their transits to 

minimize any impact caused by the 

temporary deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: July 25, 2016. 

Hal R. Pitts, 

Bridge Program Manager, Fifth Coast Guard 

District. 

[FR Doc. 2016–17976 Filed 7–28–16; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2016–0129; FRL–9949–65– 

Region 4] 

Air Plan Approval; Alabama: Volatile 

Organic Compounds 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

the Alabama State Implementation Plan 

(SIP) submitted by the Alabama 

Department of Environmental 

Management (ADEM) on October 26, 

2015. The revision modifies the 

definition of ‘‘volatile organic 

compounds’’ (VOC). Specifically, the 

revision adds three 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 

September 27, 2016 without further 

notice, unless EPA receives adverse 

comment by August 29, 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–2016–0129 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 

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: 

Richard Wong, 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. The 

telephone number is (404) 562–8726. 

Mr. Wong can also be reached via 

electronic mail at wong.richard@

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 VOCs 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 


asabaliauskas on DSK3SPTVN1PROD with RULES
49900 Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Rules and Regulations 

1Alabama’s October 26, 2015, submission to EPA 

also included changes to Alabama Administrative 

Code Chapters 335–3–5 and 335–3–8 to implement 

EPA’s Cross-State Air Pollution Rule and changes 

to the State’s Regional Haze Plan. EPA is not taking 

action on those changes at this time. In addition, 

Alabama’s October 26, 2015, submission included 

changes to Chapters 335–3–10 (New Source 

Performance Standards (NSPS)) and 335–3–11 

(National Emissions Standards for Hazardous Air 

Pollutants (NESHAP)). The NSPS and NESHAP are 

not part of the federally approved Alabama SIP, 

thus EPA is not taking any action regarding 

Chapters 335–3–10 and 335–3–11 in today’s 

rulemaking. 2 62 FR 27968 (May 22, 1997). 

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 three compounds to the list 

of those compounds excluded from the 

regulatory definition of VOC. The three 

compounds are: trans 1-chloro-3,3,3- 

trifluoroprop-1-ene (SolsticeTM

1233zd(E)), 78 FR 53029 (August 28, 

2013); 2,3,3,3-tetrafluoropropene, 78 FR 

62451 (October 22, 2013); and 2-amino2-methyl-1-propanol (AMP), 79 FR 

17037 (March 27, 2014). Alabama is 

updating its SIP to be consistent with 

those changes to federal regulations. 

II. Analysis of State’s Submittal 

On October 26, 2015, ADEM 

submitted a SIP revision 1 to EPA for 

review and approval. The revision 

modifies the definition of VOC found at 

Alabama Administrative Code section 

335–3–1–.02(gggg). Specifically, the 

revision adds three compounds—trans 

1-chloro-3,3,3-trifluoroprop-1-ene 

(SolsticeTM 1233zd(E)); 2,3,3,3- 

tetrafluoropropene; and 2-amino-2- 

methyl-1-propanol (AMP)—to the list of 

those excluded from the VOC definition 

on the basis that each of these 

compounds makes a negligible 

contribution to tropospheric ozone 

formation. 

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 

revision to Rule 335–3–1–.02(gggg) is 

approvable under section 110(l) because 

it reflects changes to federal regulations 

based on findings that the three 

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 Alabama Regulation 

section 335–3–1–.02 ‘‘Definitions,’’ 

effective November 24, 2015, which 

revised the definition of VOC. 

Therefore, this material has been 

approved by EPA for inclusion in the 

State implementation plan, 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.2

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). 

IV. Final Action 

Pursuant to section 110 of the CAA, 

EPA is approving the revision to the 

Alabama SIP changing the VOC 

definition. EPA has evaluated 

Alabama’s October 26, 2015, 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 September 27, 

2016 without further notice unless the 

Agency receives adverse comments by 

August 29, 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 September 27, 

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 

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 (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). 


asabaliauskas on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Rules and Regulations 49901 

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 September 27, 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: July 15, 2016. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 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. 

* * * * * 

(c) * * * 

EPA APPROVED ALABAMA REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanation 

Chapter 335–3–1—General Provisions 

*******

Section 335–3–1–.02 ................... Definitions .................................... 11/24/2015 7/29/2016 [Insert Federal 

Register citation].

Revised paragraph (gggg) 

(definition of ‘‘VOC’’) 

*******

* * * * * 

[FR Doc. 2016–17815 Filed 7–28–16; 8:45 am] 

BILLING CODE 6560–50–P 


asabaliauskas on DSK3SPTVN1PROD with RULES