Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Rules and Regulations 38841 

§ 52.1770 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 1—EPA APPROVED NORTH CAROLINA REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanation 

*******

Subchapter 2D Air Pollution Control Requirements 

Section .2000 Transportation Conformity 

Sect .2001 ............................... Purpose, Scope and Applicability.11/10/2005 8/16/2017, [Insert first page of 

publication].

* * * * * * * 

* * * * * 

[FR Doc. 2017–17251 Filed 8–15–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2017–0436; FRL–9966–38– 

Region 4] 

Air Plan Approval; AL; VOC Definitions 

and Particulate Emissions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: On May 19, 2017, the State of 

Alabama, through the Alabama 

Department of Environmental 

Management (ADEM), submitted 

changes to the Alabama State 

Implementation Plan (SIP). The 

Environmental Protection Agency (EPA) 

is taking direct final action to approve 

the submission. Specifically, the 

revision pertains to definitional 

changes, including the modification of 

the definition of ‘‘volatile organic 

compounds’’ (VOCs), correction of a 

typographical error, and removal of 

control of particulate emissions and 

opacity limits. EPA is taking direct final 

action to approve the SIP revision 

because the State has demonstrated that 

these changes are consistent with the 

Clean Air Act (CAA or Act). 

DATES: This direct final rule is effective 

October 16, 2017 without further notice, 

unless EPA receives adverse comment 

by September 15, 2017. If adverse 

comment is received, EPA 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–2017–0436 at https://

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 

https://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 be reached via electronic 

mail at wong.richard@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In this rulemaking, EPA is approving 

changes to the Alabama SIP, submitted 

by the State on May 19, 2017. The 

submission revises ADEM Rule 335–3– 

1–.02—Definitions and Rule 335–3–4– 

.08—Wood Waste Boilers. This 

rulemaking revises the definition of 

VOCs, corrects a typographical error and 

removes particulate emission and 

opacity limits for Talladega County. 

II. EPA’s Analysis of Alabama’s SIP 

Revision 

A. Rule 335–3–1–.02—Definitions 

Tropospheric ozone, commonly 

known as smog, occurs when VOCs and 

nitrogen oxides (NOX) react with 

sunlight 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 participate in 

atmospheric photochemical reactions. 

Different VOCs have different levels of 

reactivity; they do not react at the same 

speed or form ozone to the same extent. 

EPA determines whether a given 

carbon compound has ‘‘negligible’’ 

reactivity by comparing the compound’s 

reactivity to the reactivity of ethane. 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 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. 


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38842 Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Rules and Regulations 

1 In EPA’s November 29, 2004, final rulemaking, 

the Agency adds tertiary butyl acetate to the list of 

excluded compounds from the definition of VOCs. 

See 69 FR 69298. 

2 In EPA’s August 1, 2016, final rulemaking, the 

Agency adds 1,1,2,2-Tetrafluoro-1-(2,2,2- 

trifluoroethoxyl) ethane to the list of excluded 

compounds from the definition of VOCs. See 81 FR 

20330. 3 62 FR 27968 (May 22, 1997). 

On November 29, 2004,1 and August 

1, 2016,2 EPA issued final rules revising 

the definition of VOCs by adding new 

compounds (tertiary butyl acetate (or tButyl acetate) and 1,1,2,2-Tetrafluoro-1- 

(2,2,2-trifluoroethoxyl) ethane) to the 

list of those that considered to be 

negligibly reactive compounds, and on 

February 25, 2016 (81 FR 9339), EPA 

issued a final rule removing 

recordkeeping, emissions reporting, 

photochemical dispersion modeling, 

and inventory requirements for t-Butyl 

acetate. The State’s May 19, 2017, SIP 

revision adds these compounds to the 

list of negligibly reactive compounds 

under ADEM Rule 335–3–1–.02 subpart 

(gggg). The SIP revision also removes 

the recordkeeping, emissions reporting, 

photochemical dispersion modeling, 

and inventory requirements requirement 

for t-Butyl acetate. Additionally, the 

submittal makes a typographical 

correction under subpart (gggg)(iii). EPA 

proposes to approve these revisions 

because they are consistent with the 

definition of VOC at 40 CFR 51.100(s). 

The State’s addition of exemptions 

from the definition of VOCs and 

removal of recordkeeping, emissions 

reporting, photochemical dispersion 

modeling, and inventory requirements 

for t-butyl acetate are approvable under 

section 110(l) because it reflects changes 

to Federal regulations based on findings 

that the exempted compounds are 

negligibly reactive. The typographical 

error correction makes ministerial 

changes for consistency. 

B. Rule 335–3–4–.08—Wood Waste 

Boilers 

Rule 335–3–4–.08—Wood Waste 

Boilers was adopted into the Alabama 

SIP on April 23, 1974 (39 FR 14338), to 

provide emission limits based on 

available control technologies and 

included a 0.30 grain per dry standard 

cubic foot (gr/dscf) emissions limit for 

boilers burning a combination of wood 

waste and fossil fuels. On November 24, 

1981 (46 FR 57484), EPA finalized a SIP 

revision allowing pulp mills to operate 

boilers that burn only wood waste in 

Talladega County. This change allowed 

a particulate matter emissions 

concentration of 0.45 gr/dscf when 

burning wood waste alone (but total 

emissions would remain the same 

provided boilers operate on a reduced 

rate). On July 11, 1986 (51 FR 25198), 

EPA approved a revision adding a new 

paragraph 3 at Rule 335–3–4–.08 that 

relaxed the allowable emission limit to 

0.60 gr/dscf for wood waste boiler 

sources that operate up to 300 million 

British thermal unit per hour and 

tightened allowable emissions for other 

types of sources in Talladega County. 

Compliance with the emission limit was 

determined by an annual stack test. 

Additionally, an opacity limit of 76 

percent was established and would be 

measured by a transmissometer. 

The May 19, 2017, SIP revision 

removes paragraph 3, applicable only to 

sources in Talladega County, because 

the type of source no longer exists in the 

County or anywhere else in the State. 

Moreover, if such a source were to begin 

operating in the future, it would be 

subject to more stringent requirements 

under Rule 335–3–4–.08 paragraph 2. 

EPA believes that these changes to the 

regulatory portion of the SIP 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 State’s 

removal of emissions and opacity 

requirements for Talladega County is an 

approvable change under section 110(l) 

because, should these sources start 

operating, they would fall under more 

stringent rules in the SIP. 

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 335–3–1–.02— 

Definitions and Rule 335–3–4–.08— 

Wood Waste Boilers, effective June 9, 

2017. Therefore, these materials have 

been approved by EPA for inclusion in 

the SIP, have been incorporated by 

reference by EPA into that plan, are 

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 https://

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 

EPA is taking direct final action to 

approve portions of Alabama’s May 19, 

2017, submission submitted by the State 

of Alabama through ADEM. The 

submission revises Rule 335–3–1–.02— 

Definitions and Rule 335–3–4–.08— 

Wood Waste Boilers. 

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 October 16, 2017 

without further notice unless the 

Agency receives adverse comments by 

September 15, 2017. 

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 adverse 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 October 16, 

2017 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.); 


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Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Rules and Regulations 38843 

• 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). 

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 October 16, 2017. 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, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: August 7, 2017. 

V. Anne Heard, 

Acting 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 entries for ‘‘Section 335–3– 

1–.02’’ and ‘‘Section 335–3–4–.08’’ 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 No. 335–3–1 General Provision 

*******

Section 335–3–1–.02 ...................... Definitions ...................................... 6/9/2017 8/16/2017; [Insert citation of publication].

*******

Chapter 335–3–4 Control of Particulate Emissions 

*******

Section 335–3–4–.08 ...................... Wood Waste Boilers ...................... 6/9/2017 8/16/2017; [Insert citation of publication].

* * * * * * * 


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38844 Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Rules and Regulations 

* * * * * 

[FR Doc. 2017–17231 Filed 8–15–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2016–0286; FRL–9964–40] 

Prothioconazole; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes a 

tolerance for residues of 

prothioconazole in or on Sunflower 

subgroup 20B at 0.2 parts per million 

(ppm). Bayer CropScience requested 

this tolerance under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

August 16, 2017. Objections and 

requests for hearings must be received 

on or before October 16, 2017, and must 

be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2016–0286, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Michael L. Goodis, P.E., Director, 

Registration Division (7505P), Office of 

Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001; 

main telephone number: (703) 305– 

7090; email address: RDFRNotices@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s e-CFR 

site at http://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/ 

40tab_02.tpl. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2016–0286 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before October 16, 2017. Addresses for 

mail and hand delivery of objections 

and hearing requests are provided in 40 

CFR 178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2016–0286, by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be CBI or 

other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/contacts.html. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at http:// 

www.epa.gov/dockets. 

II. Summary of Petitioned-For 

Tolerance 

In the Federal Register of July 20, 

2016 (81 FR 47150) (FRL–9948–45), 

EPA issued a document pursuant to 

FFDCA section 408(d)(3), 21 U.S.C. 

346a(d)(3), announced the filing of a 

pesticide petition (PP 6E8469) by Bayer 

CropScience, P.O. Box 12014, 2 T.W. 

Alexander Drive, Research Triangle 

Park, NC 27709. This petition requested 

that 40 CFR 180.626 be amended by 

establishing tolerances for residues of 

prothioconazole in or on imported 

commodities in the sunflower subgroup 

20B at 0.2 ppm. This document 

referenced a summary of a petition 

prepared by Bayer CropScience, the 

registrant, which are available in the 

docket, http://www.regulations.gov. No 

comments were received in response to 

the notice of filing. 

III. Aggregate Risk Assessment and 

Determination of Safety 

Section 408(b)(2)(A)(i) of FFDCA 

allows EPA to establish a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the tolerance is ‘‘safe.’’ 

Section 408(b)(2)(A)(ii) of FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and in 

residential settings, but does not include 

occupational exposure. Section 

408(b)(2)(C) of FFDCA requires EPA to 

give special consideration to exposure 

of infants and children to the pesticide 

chemical residue in establishing a 

tolerance and to ‘‘ensure that there is a 

reasonable certainty that no harm will 

result to infants and children from 

aggregate exposure to the pesticide 

chemical residue. . . .’’ 

Consistent with FFDCA section 

408(b)(2)(D), and the factors specified in 

FFDCA section 408(b)(2)(D), EPA has 

reviewed the available scientific data 


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