[Federal Register Volume 70, Number 165 (Friday, August 26, 2005)]
[Rules and Regulations]
[Pages 50199-50205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16594]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R04-OAR-2005-TN-0001, R04-OAR-2004-GA-0004-200522; FRL-7956-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Tennessee and Georgia; Attainment Demonstrations for the Chattanooga, 
Nashville, and Tri-Cities Early Action Compact Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is approving revisions to the Tennessee and Georgia 
State Implementation Plans (SIPs) submitted by the State of Tennessee, 
through the Department of Environment and Conservation (TDEC) on 
December 29, 2004, and by the State of Georgia, through the 
Environmental Protection Division (GAEPD) on December 31, 2004, for the 
three Early Action Compact (EAC) areas in Tennessee and Georgia: the 
Chattanooga, Nashville, and Tri-Cities Areas (the Tennessee and Georgia 
EAC Areas). The Chattanooga EAC Area is the only one of the three with 
counties in both Tennessee and Georgia; the other two EAC Areas are 
located entirely within the State of Tennessee. The SIP revisions meet 
the requirements for the Tennessee and Georgia EAC Areas to attain and 
maintain the 8-hour ozone national ambient air quality standard (8-hour 
ozone standard) as described in the EAC Protocol and related 
regulations. EPA is also now approving the photochemical modeling used 
by Tennessee and Georgia to support the attainment and maintenance 
demonstrations of the 8-hour ozone standard in the Tennessee and 
Georgia EAC Areas.
    In this action, EPA is not finalizing its proposed rulemaking to 
defer the effective date of the nonattainment designations for EAC 
areas. In a separate action, published on June 8, 2005, EPA proposed to 
defer the effective date of the nonattainment deferred designation for 
EAC areas until December 31, 2006 (69 FR 23858). EPA final action on 
the deferral is expected to be published before September 30, 2005.

DATES: This rule will be effective September 26, 2005.

ADDRESSES: EPA has established a docket for this action under Regional 
Material in EDocket (RME) ID No. R04-OAR-2005-TN-0001 and R04-OAR-2004-
GA-0004. The EAC Protocol can be found in RME ID No. R04-OAR-2005-TN-
0001. The Protocol can also be found at http://www.epa.gov/air/eac/. 
All documents in the docket are listed in the RME index at http://docket.epa.gov/rmepub/. Once in the system, select ``quick search,'' 
then key in the appropriate RME Docket identification number. Although 
listed in the index, some information is not publicly available, i.e., 
confidential business information (CBI) or other information 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 form. Publicly available docket 
materials are available either electronically in RME or in hard copy at 
the Regulatory Development Section,

[[Page 50200]]

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 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: Anne Marie Hoffman, or Scott Martin, 
Regulatory Development Section, Air Planning Branch, Air, Pesticides 
and Toxics Management Division, Region 4, U.S. Environmental Protection 
Agency, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. The 
telephone number for Mr. Martin is (404) 562-9036, and the telephone 
number for Ms. Hoffman is (404) 562-9074. Mr. Martin can also be 
reached via electronic mail at [email protected]. Ms. Hoffman can 
also be reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
II. Today's Action
III. Response to Comments
IV. Final Action
V. Statutory and Executive Order Reviews

I. Background

    On May 26, 2005, EPA proposed approval of SIP revisions for the 
Tennessee and Georgia EAC Areas demonstrating attainment and 
maintenance of the 8-hour ozone standard, 0.08 parts per million (ppm), 
in these areas by December 31, 2007.\1\ Additional information 
regarding the SIP revisions being approved today is available in the 
proposed rule (70 FR 30389, May 26, 2005) and the Docket for this 
action. The submitted revisions are consistent with the requirements 
established in the EAC Protocol and related regulations. For further 
information on the designation process and the Tennessee and Georgia 
EAC designations, see 69 FR 23856, April 30, 2004.\2\ EPA received one 
public comment during the thirty day comment period for the SIP 
revisions being approved today. This comment is discussed below, in 
Part III., ``Response to Comments.''
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    \1\ The 8-hour ozone standard was promulgated on July 18, 1997 
(62 FR 38856).
    \2\ As discussed in the April 30, 2004, designations and the May 
26, 2005, proposal for the Tennessee and Georgia SIP revisions, the 
Tennessee and Georgia EAC Areas include counties designated as 
unclassifiable/attainment and nonattainment deferred. The specific 
measures included in the SIP revisions may be different depending on 
the specific county's designation.
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    In addition, today's action corrects an inadvertent error in the 
May 26, 2005, proposal to approve the Tennessee and Georgia EAC SIP 
revisions. In the proposal document, EPA indicated in Table 5 (see 70 
FR 30389, 30388) that two local measures were not modeled for the 
Chattanooga EAC Area. In fact, the two measures were modeled and 
included as part of the attainment demonstration, and the measures 
should not appear in Table 5. See Section II., ``Today's Action'' for 
more details regarding this inadvertent error.

Summary of EAC Process

    An EAC is an agreement between a state, local governments, and EPA 
to implement measures not necessarily required by the Clean Air Act 
(CAA) in order to achieve cleaner air as soon as possible.\3\ 
Communities close to or exceeding the 8-hour ozone standard, which have 
elected to enter into an EAC, have started reducing air pollution at 
least two years sooner than required by the CAA. In many cases, these 
reductions will be achieved by local air pollution control measures not 
otherwise mandated under the CAA. In accordance with the EAC Protocol, 
Tennessee submitted EACs for the Chattanooga area, Nashville area, and 
Tri-Cities area, on December 30, 2002. The State of Georgia submitted 
materials supporting the Chattanooga EAC on December 24, 2002. The 
compacts were signed by State air quality officials, representatives of 
local communities, and the Regional Administrator of EPA Region 4. The 
EAC program was designed for areas that approached or monitored 
violations of the 8-hour ozone standard, but that were in attainment 
for the 1-hour ozone national ambient air quality standard (1-hour 
ozone standard). The 1-hour ozone standard will be revoked for counties 
in the EAC areas one year after the effective dates of the counties' 
respective 8-hour ozone designations. See 40 CFR 50.9(b) for additional 
information on the 1-hour ozone revocation.
    As part of the EAC process, EPA deferred the effective date of the 
nonattainment designations for EAC areas that were violating the 8-hour 
ozone standard, but continue to meet the milestones described in the 
EAC Protocol. Details of this deferral were published in the Federal 
Register on April 30, 2004 (69 FR 23858). On June 8, 2005, EPA proposed 
to extend the deferred effective date of the nonattainment designations 
through December 31, 2006 (70 FR 33409), for the EAC areas that have 
met their obligations. A subsequent EPA action will continue the 
deferral until December 31, 2007, when attainment evaluations will 
begin. Pursuant to the EAC Protocol, the designation process is 
scheduled to be completed by April 15, 2008. To date, the Tennessee and 
Georgia EAC Areas have met all the EAC milestones. In April, 2008, it 
is anticipated that EAC areas with air quality monitoring data showing 
attainment for the years 2005-2007, that have also met all the compact 
milestones, will be designated attainment for the 8-hour ozone 
standard. EPA believes that early planning and implementation of 
control measures that improve air quality will likely accelerate 
protection of public health. The EAC program allows participating state 
and local entities to make decisions that will accelerate meeting the 
new 8-hour ozone standard using a mix of local, state, and federal 
measures. All of the measures being adopted today as part of the SIP 
revisions will be mandatory and federally enforceable.

Brief Summary of Control Measures and Modeling

    The details of the SIP revisions being approved today are available 
for review under RME ID No. R04-OAR-2005-TN-0001 and R04-OAR-2004-GA-
0004. In addition, the measures discussed in this paragraph are applied 
differently to different areas depending on the specific area's 
designation (i.e., unclassifiable/attainment or nonattainment 
deferred). Generally, however, the SIP revisions include emissions 
inventory, modeling, control strategies, and maintenance for growth 
elements as required by the EAC Protocol. With regard to control 
measures, the Tennessee and Georgia SIP revisions include Federal, 
State, and local control measures. The federal control measures 
include, among others, Tier 2 vehicle standards and low sulfur fuel. 
The State of Tennessee control measures include, among others, 
expansion of the Motor Vehicle Inspection and Maintenance (I/M) 
program, expansion of the Stage I Vapor Recovery program, and a Motor 
Vehicle Tampering provision. The State of Georgia submittal included 
two control measures that will be implemented in the Chattanooga EAC 
Area: an open burning ban during the ozone season and Stage I Vapor 
Recovery. These

[[Page 50201]]

statewide measures were enacted through state legislation, but 
implementation will occur at a local level, through both county and 
state involvement in implementation and enforcement. The local control 
measures in both states include, among others, open burning bans and 
transportation emissions control measures. All of these measures, 
including the local measures, will be enforceable once they are 
incorporated into the SIP.
    In addition to control measures, the Tennessee and Georgia SIP 
revisions also include maintenance for growth plans that meet and 
exceed the requirements of the EAC Protocol for such plans. The EAC 
Protocol requires that maintenance of the 8-hour ozone standard be 
demonstrated through 2012. In the SIP revisions being approved today, 
the States of Tennessee and Georgia modeled maintenance of the 8-hour 
ozone standard through at least 2012, and until 2017, in some Tennessee 
EAC Areas.
    Both Tennessee and Georgia used a process known as photochemical 
modeling to evaluate attainment and maintenance of the 8-hour ozone 
standard. Photochemical modeling performed by Tennessee used the above 
described control measures, and others, to model attainment and 
maintenance of the 8-hour ozone standard through 2017, passing the 
attainment test for 2007, 2012, and 2017. Georgia's SIP revisions model 
attainment and maintenance through 2012, passing the attainment test 
for 2007, and 2012. The use of photochemical modeling is consistent 
with the EAC Protocol and the EPA Draft modeling guidance that was 
provided to EAC areas.\4\ The Chattanooga EAC is a multi-state EAC 
Area, including counties in Tennessee and Georgia; therefore, an 
attainment demonstration was developed for the Chattanooga EAC Area by 
the State of Georgia. According to Georgia's modeling for the 
Chattanooga EAC Area, maintenance of the 8-hour ozone standard is 
demonstrated through 2012. For further information on the photochemical 
modeling performed by Tennessee, please see RME ID No. R04-OAR-2005-TN-
0001. For further information on photochemical modeling performed by 
Georgia, please see RME ID No. R04-OAR-2004-GA-0004.
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    \3\ Further information about the EAC program is available in 
the EAC Protocol and prior Federal Register notices available at 
http://www.epa.gov/air/eac/.
    \4\ This guidance can be found at http://www.epa.gov/ttn/naaqs/ozone/eac/index.htm#Guidance.
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II. Today's Action

    Today we are taking final action to approve revisions to the 
Tennessee and Georgia SIPs under sections 110 and 116 of the Act, 42 
U.S.C. 7410 and 7416. The SIP revisions are consistent with the EAC 
Protocol and related regulations. Pursuant to the EAC Protocol, the SIP 
revisions demonstrate attainment of the 8-hour ozone standard within 
the Tennessee and Georgia EAC Areas by 2007, maintenance for five or 
more years beyond 2007, and incorporate the control measures developed 
by these EAC Areas into the Tennessee and Georgia SIPs.
    Additionally, today we are correcting inadvertent errors in Table 5 
of the proposed rule published on May 26, 2005 (70 FR 30382). The 
specific corrections apply to Section VII.--``What Measures are 
Included in this EAC SIP Submittal.'' Table 5--``Additional EAC Local 
Reductions Not Modeled,'' on page 30387 of the proposal, shows that 
neither the seasonal open burning ban, nor the Spare the Air Program, 
was modeled for the Chattanooga EAC Area. These two local control 
measures were modeled and included in the Chattanooga EAC Area 
attainment demonstration. Therefore, these measures should not be 
included in Table 5.

III. Response to Comments

    EPA Region 4 received one comment in response to the May 26, 2005, 
proposal to approve the Tennessee and Georgia SIP revisions. The 
commenter commended Tennessee and Georgia for taking steps to improve 
air quality, but noted opposition to today's action for two reasons. 
First, the SIP revisions provide for the deferment of a nonattainment 
designation until a future date potentially as late as December 31, 
2007; second, the revisions relieve the areas of obligations under 
Title I, Subpart D of the CAA. These two issues are directly related to 
the proposed deferral of the nonattainment designation for the 
Tennessee and Georgia EAC Areas, published on June 8, 2005, (70 FR 
33409), and not to today's approval of the SIP revisions. In addition, 
the same issues were raised by this commenter in response to EPA's June 
8, 2005, deferral proposal. Because the comment relates to deferral 
issues, it will be responded to by EPA in our subsequent rulemaking 
addressing the deferred effective date for nonattainment designations 
for EAC areas. When published, this final deferral rule will be 
available on the EAC Web site http://www.epa.gov/air/eac/. Notably, 
contrary to the comment, today's action neither provides for deferral 
of the nonattainment designation nor relieves an area from obligations 
under Title I, Subpart D of the CAA.

IV. Final Action

    Today EPA is approving revisions to the Tennessee SIP, submitted on 
December 29, 2004, and the Georgia SIP, submitted December 31, 2004. 
These revisions demonstrate attainment of the 8-hour ozone standard 
within the Tennessee and Georgia EAC Areas by 2007, maintenance of the 
standard for five or more years beyond 2007, and incorporate the 
control measures developed by the EAC Areas into the Tennessee and 
Georgia SIPs.

V. 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

[[Page 50202]]

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 October 25, 2005. 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 CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Volatile organic 
compounds.

    Dated: August 15, 2005.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.


0
40 CFR part 52 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 L--Georgia

0
2. Section 52.570 is amended by:
0
a. In paragraph (c) by revising the entries for: ``391-3-1-.02(2)(pp) 
Bulk Gasoline Plants''; ``391-3-1-.02(2)(rr) Gasoline Dispensing 
Facility--Stage I'', ``391-3-1.02(2)(ss) Gasoline Transport Vehicles 
and Vapor Collection Systems'' and ``391-3-1-.02(5) Open Burning''.
0
b. In paragraph (e) by adding a new entry 22. at the end of the table 
to read as follows:


Sec.  52.570  Identification of plan.

* * * * *
    (c) * * *

                                        EPA Approved Georgia Regulations
----------------------------------------------------------------------------------------------------------------
                                                                  State
           State citation                  Title/subject        effective      EPA approval date     Explanation
                                                                  date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
391-3-1-.02(2)(pp)..................  Bulk Gasoline Plants..     1/08/2005  8/26/2005.............
                                                                            [Insert first page
                                                                             number of
                                                                             publication].
 
                                                  * * * * * * *
391-3-1-.02(2)(rr)..................  Gasoline Dispensing        1/08/2005  8/26/2005.............
                                       Facility--Stage I.                   [Insert first page
                                                                             number of
                                                                             publication].
391-3-1-.02(2)(ss)..................  Gasoline Transport         1/08/2005  8/26/2005.............
                                       Vehicles and Vapor                   [Insert first page
                                       Collection Systems.                   number of
                                                                             publication]..
 
                                                  * * * * * * *
391-3-1-.02(5)......................  Open Burning..........     1/08/2005  8/26/2005.............
                                                                            [Insert first page
                                                                             number of
                                                                             publication].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

[[Page 50203]]



                                  EPA Approved Georgia Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                        Applicable geographic    State submittal date/
 Name of nonregulatory SIP provision    or nonattainment area        effective date         EPA approval date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
22. Attainment Demonstration for the   Walker and Catoosa       December 31, 2004......  August 26, 2005.
 Chattanooga Early Action Area.         Counties.                                        [Insert first page
                                                                                          number of publication]
----------------------------------------------------------------------------------------------------------------

Subpart RR--Tennessee

0
3. Section 52.2220 is amended by:
0
a. In paragraph (c) under ``Table-1 EPA Approved Tennessee 
Regulations'' by revising entries for ``1200-3-18-.22,'' ``1200-3-
18-.24,'' ``1200-3-29-.02,'' ``1200-3-29-.03,'' ``1200-3-29-04,'' 
``1200-3-29-.05,'' ``1200-3-29-.06,'' ``1200-3-29-.07,'' ``1200-3-
29-.08,'' ``1200-3-29-.09,'' and ``1200-3-29-.10.''
0
b. In paragraph (c) under ``Table-1 EPA Approved Tennessee 
Regulations'' by adding in numerical order a new entry for ``1200-3-
29-.12.''
0
c. In paragraph (c) under ``Table-1 EPA Approved Tennessee 
Regulations'' by adding in numerical order a new chapter heading No. 
``1200-3-36 Motor Vehicle Tampering'' and entries for ``1200-3-
26-.01,'', ``1200-3-26-.02,'', ``1200-3-26-.03,'' ``1200-3-26-.04'' and 
``1200-3-26-.05.''
0
d. In paragraph (c) under ``Table 4 EPA Approved Chattanooga 
Regulations'' by revising the entries for ``Section 4-41 Rule 6 
Prohibition of Open Burning'' and ``Section 41 Rule 25.10 Gasoline 
dispensing facilities--stage 1 vapor recovery,'' and
0
e. In paragraph (e) by adding a new entry at the end of the table to 
read as follows:


Sec.  52.2220  Identification of plan.

* * * * *
    (c) * * *

                                  Table 1.--EPA Approved Tennessee Regulations
----------------------------------------------------------------------------------------------------------------
                                                                  State
           State citation                  Title/subject        effective      EPA approval date     Explanation
                                                                  date
----------------------------------------------------------------------------------------------------------------
                                                 * * * * * * *
                                  Chapter 1200-3-18 Volatile Organic Compounds
Section 1200-3-18-.22...............  Bulk Gasoline Plants..    12/29/2004  8/26/2005.............
                                                                            [Insert first page
                                                                             number of
                                                                             publication].
                                                  * * * * * * *
Section 1200-3-18.24................  Gasoline Dispensing       12/29/2004  8/26/2005.............
                                       Facility-Stage I and                 [Insert first page
                                       Stage II Vapor                        number of
                                       Recovery.                             publication].
                                                 * * * * * * *
                     Chapter 1200-3-29 Light-Duty Motor Vehicle Inspection and Maintenance
                                                  * * * * * * *
Section 1200-3-29.02................  Definitions...........    12/29/2004  8/26/2005.............
                                                                            [Insert first page
                                                                             number of
                                                                             publication].
Section 1200-3-29.03................  Motor Vehicle             12/29/2004  8/26/2005.............
                                       Inspection                           [Insert first page
                                       Requirements.                         number of
                                                                             publication].
Section 1200-3-29-.04...............  Exemption From Motor      12/29/2004  8/26/2005.............
                                       Vehicle Inspection                   [Insert first page
                                       Requirements.                         number of
                                                                             publication].
Section 1200-3-29-.05...............  Motor Vehicle Emission    12/29/2004  8/26/2005.............
                                       Performance Test                     [Insert first page
                                       Criteria.                             number of
                                                                             publication].
Section 1200-3-29-.06...............  Motor Vehicle Anti-       12/29/2004  8/26/2005.............
                                       Tampering Test                       [Insert first page
                                       Criteria.                             number of
                                                                             publication].
Section 1200-3-29-.07...............  Motor Vehicle             12/29/2004  8/26/2005.............
                                       Emissions Performance                [Insert first page
                                       Test Methods.                         number of
                                                                             publication].
Section 1200-3-29-.08...............  Motor Vehicle Anti-       12/29/2004  8/26/2005.............
                                       Tampering Test                       [Insert first page
                                       Methods.                              number of
                                                                             publication].
Section 1200-3-29-.09...............  Motor Vehicle             12/29/2004  8/26/2005.............
                                       Inspection Program.                  [Insert first page
                                                                             number of
                                                                             publication].

[[Page 50204]]

 
Section 1200-3-29-.10...............  Motor Vehicle             12/29/2004  8/26/2005.............
                                       Inspection Fee.                      [Insert first page
                                                                             number of
                                                                             publication].
Section 1200-3-29-.12...............  Area of Applicability.    12/29/2004  8/26/2005.............
                                                                            [Insert first page
                                                                             number of
                                                                             publication].
                                                 * * * * * * *
                                   Chapter 1200-3-36 Motor Vehicle Tampering
1200-03-36-.01......................  Purpose...............    12/29/2004  8/26/2005.............
                                                                            [Insert first page
                                                                             number of
                                                                             publication].
1200-03-36-.02......................  Definitions...........    12/29/2004  8/26/2005.............
                                                                            [Insert first page
                                                                             number of
                                                                             publication].
1200-03-36-.03......................  Motor Vehicle             12/29/2004  8/26/2005.............
                                       Tampering Prohibited.                [Insert first page
                                                                             number of
                                                                             publication].
1200-03-36-.04......................  Recordkeeping             12/29/2004  8/26/2005.............
                                       Requirements.                        [Insert first page
                                                                             number of
                                                                             publication].
1200-03-36-.05......................  Exemptions............    12/29/2004  8/26/2005.............
                                                                            [Insert first page
                                                                             number of
                                                                             publication].
----------------------------------------------------------------------------------------------------------------

* * * * *

                                 Table 4.--EPA Approved Chattanooga Regulations
----------------------------------------------------------------------------------------------------------------
                                                                Adoption
           State citation                  Title/subject          date         EPA approval date     Explanation
----------------------------------------------------------------------------------------------------------------
Section 4-41, Rule 6................  Prohibition of Open         12/08/04  8/26/05...............
                                       Burning
                                                                            [Insert first page
                                                                             number of
                                                                             publication].
 
                                                  * * * * * * *
Section 4-41, Rule 25...............  General Provisions and      12/08/04  8/26/05...............
                                       Applicability for                    [Insert first page
                                       Volatile Organic                      number of
                                       Compounds                             publication].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

                                EPA Approved Tennessee Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                                                  State
 Name of nonregulatory SIP provision   Applicable geographic    effective      EPA approval date     Explanation
                                       or nonattainment area      date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Attainment Demonstrations for Early   Chattanooga,            December 31,  August 26, 2005.......
 Action Compact Areas.                 Nashville, and Tri-            2004  [Insert first page
                                       Cities Early Action                   number of
                                       Compact Areas                         publication].
 
----------------------------------------------------------------------------------------------------------------



[[Page 50205]]

[FR Doc. 05-16594 Filed 8-25-05; 8:45 am]
BILLING CODE 6560-50-P