[Federal Register Volume 78, Number 96 (Friday, May 17, 2013)]
[Rules and Regulations]
[Pages 29032-29034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11681]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2012-0888; FRL-9814-3]


Approval and Promulgation of Implementation Plans Tennessee: 
Revisions to Volatile Organic Compound Definition

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking final action to approve changes to the Tennessee 
State Implementation Plan (SIP), submitted by the State of Tennessee, 
through the Tennessee Department of Environment and Conservation (TDEC) 
on September 3, 1999. Tennessee's September 3, 1999, SIP adds 17 
compounds to the list of compounds excluded from the definition of 
``Volatile Organic Compound'' (VOC). EPA is approving this SIP revision 
because the State has demonstrated that it is consistent with the Clean 
Air Act (CAA or Act).

DATES: This rule is effective June 17, 2013.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2012-0888. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information is not publicly available, i.e., Confidential 
Business Information 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 through 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 
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: Sean Lakeman, 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. The telephone number is (404) 
562-9043. Mr. Lakeman can be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Analysis of the State's Submittal
II. Response to Comments
III. Final Action
III. Statutory and Executive Order Reviews

I. Analysis of the State's Submittal

    Tennessee's September 3, 1999, SIP submission changes rule 1200-3-
9-.01 by adding a total of 17 compounds to the list of compounds 
excluded from the definition of VOC to be consistent with EPA's 
definition of VOC at 40 CFR 51.100(s). The SIP submittal is in response 
to EPA's revision to the definition of VOC, (at 40 CFR 51.100(s)) 
published in the Federal Register on August 25, 1997 (62 FR 44900) and 
April 9, 1998 (63 FR 17331) adding the 16 compounds listed below in 
Table--1 and the compound methyl acetate, respectively. These compounds 
were added to the exclusion list for VOC on the basis that they have a 
negligible effect on tropospheric ozone formation. The compounds were 
added by EPA through a rulemaking action which provided for public 
notice and comment. Today's action approves a SIP revision to update 
the Tennessee SIP to be consistent with federal law.
    Tropospheric ozone, commonly known as smog, occurs when VOC and 
nitrogen oxide (NOX) react in the atmosphere. Because of the 
harmful health effects of ozone, EPA limits the amount of VOC 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) which 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 a negligible level of reactivity need not be regulated 
to reduce ozone (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 compounds to or delete them from 
the list.
    TDEC's September 3, 1999, SIP revision changes rule 1200-3-9-.01 to 
add a total of 17 compounds to the list of compounds excluded from the 
definition of VOC in accordance with the federal list of compounds 
designated as having negligible photochemical reactivity at 40 CFR 
51.100(s).

                    Table 1-16--Compounds Added to the List of Negligibly Reactive Compounds
----------------------------------------------------------------------------------------------------------------
             Compound                                              Chemical name
----------------------------------------------------------------------------------------------------------------
HFC-32...........................  Difluoromethane.
HFC-161..........................  Ethylfluoride.
HFC-236fa........................  1,1,1,3,3,3-hexafluoropropane.
HFC-245ca........................  1,1,2,2,3-pentafluoropropane.
HFC-245ea........................  1,1,2,3,3-pentafluoropropane.
HFC-245eb........................  1,1,1,2,3-pentafluoropropane.
HFC-245fa........................  1,1,1,3,3-pentafluoropropane.
HFC-236ea........................  1,1,1,2,3,3-hexafluoropropane.
HFC-365mfc.......................  1,1,1,3,3-pentafluorobutane.
HCFC-31..........................  Chlorofluoromethane.
HCFC-123a........................  1,2-dichloro-1,1,2-trifluoroethane.
HCFC-151a........................  1-chloro-1-fluoroethane.
C4F9OCH3.........................  1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxybutane.
(CF3)2CFCF2OCH3..................  2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane.
C4F9OC2H5........................  1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane.

[[Page 29033]]

 
(CF3)CFCF2OC2H5..................  2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane.
----------------------------------------------------------------------------------------------------------------

II. Response to Comments

    On February 19, 2013 (78 FR 11583), EPA published a direct final 
action and parallel proposed action to approve Tennessee's September 3, 
1999, SIP submission to change rule 1200-3-9-.01 to add a total of 17 
compounds to the list of compounds excluded from the definition of VOC 
to be consistent with EPA's definition of VOC at 40 CFR 51.100(s). EPA 
published a parallel proposal action in the event that adverse comments 
were received such that the direct final rule would need to be 
withdrawn. Specifically, in the direct final rule, EPA stated that if 
adverse comments were received by March 21, 2013, the direct final rule 
would be withdrawn and not take effect. EPA further stated that the 
corresponding proposed rule would remain in effect and that any adverse 
comment comments received would be responded to in a final rule 
provided EPA was able to address such comments.\1\ On March 21, 2013, 
EPA received a comment. EPA interprets this comment as adverse although 
notably, it is arguably not a significant adverse comment requiring a 
response. EPA nonetheless withdrew the direct final rule. A summary of 
the comment received and EPA's response is provided below.
---------------------------------------------------------------------------

    \1\ EPA also noted that an additional public comment period 
would not be instituted for the action.
---------------------------------------------------------------------------

    Comment: The Commenter stated ``[w]e are against and want 
disapproved the desired changes.''
    Response: The Commenter provided a one-sentence statement with no 
rationale or basis as to why EPA should not approve Tennessee's 
September 3, 1999, SIP revision, except to state that the Commenter 
(and all who the Commenter purports to represent) are against it. In 
response to the comment which EPA interpreted as adverse, EPA withdrew 
the direct final rule. As mentioned in EPA's direct final rulemaking 
and again in today's final rule, Tennessee's September 3, 1999, SIP 
revision was in direct response to EPA's changes to the federal 
definition of VOC, and the purpose of the revision is to ensure that 
the Tennessee SIP is consistent with federal regulations. The Commenter 
raises no basis on which EPA could take any action other than a full 
approval of Tennessee's SIP submittal. Thus, EPA is now taking final 
action to approve Tennessee's September 3, 1999, SIP revision.

III. Final Action

    EPA is approving the aforementioned changes to the State of 
Tennessee SIP, because they are consistent with EPA's definition of VOC 
and the CAA.

III. 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. 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 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 (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).
    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, 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 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 July 16, 2013. 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 any 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).

[[Page 29034]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: May 7, 2013.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
    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 RR--Tennessee

0
2. In Sec.  52.2220, table 1 in paragraph (c) is amended by revising 
the entry in Table 1 for ``Section 1200-3-9.01'' to read as follows:


Sec.  52.2220  Identification of plan.

* * * * *
    (c) * * *

                                   Table 1--EPA Approved Tennessee Regulations
----------------------------------------------------------------------------------------------------------------
                                                         State
     State citation             Title/subject       effective date   EPA approval date         Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                               CHAPTER 1200-3-9 CONSTRUCTION AND OPERATING PERMITS
----------------------------------------------------------------------------------------------------------------
1200-3-9-.01............  Definitions.............       6/27/2011  5/17/2013 [Insert    On 5/17/2013 EPA
                                                                     first page of        revised this section
                                                                     publication].        to add 17 compounds to
                                                                                          the list of compounds
                                                                                          excluded from the
                                                                                          definition of VOC that
                                                                                          was state effective on
                                                                                          9/3/1999.
                                                                                         EPA is approving
                                                                                          Tennessee's July 29,
                                                                                          2011, SIP revisions to
                                                                                          Chapter 1200-3-9-.01
                                                                                          with the exception of
                                                                                          the term ``particulate
                                                                                          matter emissions'' at
                                                                                          1200-03-09-.01(4)(b)47
                                                                                          (vi) as part of the
                                                                                          definition for
                                                                                          ``regulated NSR
                                                                                          pollutant'' regarding
                                                                                          the inclusion of
                                                                                          condensable emissions
                                                                                          in applicability
                                                                                          determinations and in
                                                                                          establishing emissions
                                                                                          limitations.
                                                                                         EPA approved
                                                                                          Tennessee's May 28,
                                                                                          2009 SIP revisions to
                                                                                          Chapter 1200-3-9-.01
                                                                                          with the exception of
                                                                                          the ``baseline actual
                                                                                          emissions''
                                                                                          calculation revision
                                                                                          found at 1200-3-9-.01
                                                                                          (4)(b)45(i)(III),
                                                                                          (4)(b)45(ii)(IV),
                                                                                          (5)(b)1(xlvii)(I)(III)
                                                                                          and
                                                                                          (5)(b)1(xlvii)(II)(IV)
                                                                                          of the submittal.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2013-11681 Filed 5-16-13; 8:45 am]
BILLING CODE 6560-50-P