[Federal Register Volume 68, Number 106 (Tuesday, June 3, 2003)]
[Rules and Regulations]
[Pages 33008-33010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13707]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN-213-9952(a); FRL-7506-8]


Approval and Promulgation of Implementation Plans Tennessee: 
Approval of Revisions to the Tennessee State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving revisions to the Tennessee Department of 
Environment and Conservation's definition of Volatile Organic Compounds 
submitted on February 3, 1999 by the state of Tennessee. These 
revisions are designed for the State Implementation Plan (SIP) to 
attain the national ambient air quality standards (NAAQS) for ozone 
under title I of the Clean Air Act (CAA). The additional compounds 
HFC43-10mee, HCFC-225ca, and HCFC-225cb are added to the list of exempt 
compounds on the basis that they have negligible contribution to the 
tropospheric ozone formation.

DATES: This direct final rule is effective August 4, 2003 without 
further notice, unless EPA receives adverse comment by July 3, 2003. 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: All comments should be addressed to: Steve Scofield or 
Nacosta Ward; 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.
    Copies of the State submittal(s) are available at the following 
addresses for inspection during normal business hours:
    Environmental Protection Agency Region 4, Air Planning Branch, 61 
Forsyth Street, SW., Atlanta, Georgia 30303-8960. [Steve Scofield, 404-
562-9034 or Nacosta Ward, 404-562-9140]. Tennessee Department of 
Environment and Conservation, Division of Air Pollution Control, L & C 
Annex, 9th Floor, 401 Church Street, Nashville, Tennessee 37243-1531. 
615-532-0554.

FOR FURTHER INFORMATION CONTACT: Steve Scofield or Nacosta Ward; 
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. Mr. 
Scofield and Ms. Ward can also be reached by telephone at 404-562-9034 
and 404-562-9140, or by electronic mail at [email protected] and 
[email protected], respectively.

SUPPLEMENTARY INFORMATION:

I. Analysis of State's Submittal

    On February 3, 1999, the state of Tennessee through the Tennessee 
Department of Environment and Conservation submitted a revision to 
chapter 1200-3-18, Volatile Organic Compounds, which provides SIP 
definitions. The revision to chapter 1200-3-18 provides greater clarity 
to the existing definition. The additional compounds HFC43-10mee, HCFC-
225ca, and HCFC-225cb are added to the list of exempt compounds on the 
basis that they have negligible contribution to the tropospheric ozone 
formation.

II. Final Action

    EPA is approving the aforementioned changes to the State of 
Tennessee's SIP because they are consistent with the CAA and EPA 
policy. The 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 August 4, 2003 
without further notice unless the Agency receives adverse comments by 
July 3, 2003.
    If the 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. The 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 August 4, 2003 and no 
further action will be taken on the proposed rule. Please note that if 
we receive adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, we may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

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III. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it 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).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    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 rule 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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by August 4, 2003. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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. 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, Carbon monoxide, 
Intergovernmental relations, Incorporate by reference, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: May 20, 2003.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

0
Part 52 of chapter I, title 40, Code of Federal Regulations, 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 RR--Tennessee

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2. Section 52.2220(c) is amended by revising the entry for ``Section 
1200-3-18-.01'' to read as follows:


Sec.  52.2220  Identification of plan.

* * * * *
    (c) * * *

                                                           EPA Approved Tennessee Regulations
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                                                                  Adoption
            State citation                  Title/subject           date                     EPA approval  date                        Explanation
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                                                      Chapter 1200-3-18 Volatile Organic Compounds
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Section 1200-3-18-.01................  Definitions............     01/12/98  June 3, 2003,
                                                                             [Insert citation of publication].
 
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[FR Doc. 03-13707 Filed 6-2-03; 8:45 am]
BILLING CODE 6560-50-P