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Environmental Protection Agency (EPA).
Direct final rule.
EPA is approving revisions to the Tennessee State Implementation Plan (SIP), submitted by the Tennessee Department of Environment and Conservation (TDEC) on September 7, 1998. This revision adds 16 compounds to the list of compounds excluded from the definition of “Volatile Organic Compound” (VOC).
This direct final rule is effective June 12, 2006 without further notice, unless EPA receives adverse comment by May 15, 2006. 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.
Submit your comments, identified by Docket ID No. EPA-R04-OAR-2005-TN-0008, by one of the following methods:
1. http://www.regulations.gov: Follow the on-line instructions for submitting comments.
2. E-mail: email@example.com.
3. Fax: (404) 562-9019.
4. Mail: “EPA-R04-OAR-2005-TN-0008,” 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.
5. Hand Delivery or Courier: James Hou, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division 12th floor, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are only accepted during the Regional Office's normal hours of operation. The Regional Office's official hours of business are Monday through Friday, 8:30 to 4:30, excluding Federal holidays.
Instructions: Direct your comments to Docket ID No. “EPA-R04-OAR-2005-TN-0008.” EPA's policy is that all comments received will be included in the public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit through http://www.regulations.gov or e-mail, information that you consider to be CBI or otherwise protected. The http://www.regulations.gov Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through http://www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the http://www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., 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 http://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 legal holidays.Start Further Info
FOR FURTHER INFORMATION CONTACT:
James Hou, 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) 562-8965. Mr. Hou can also be reached via electronic mail at firstname.lastname@example.org.End Further Info End Preamble Start Supplemental Information
I. Analysis of State's Submittal
On September 7, 1998, the TDEC submitted a revision to the Tennessee SIP. In response to EPA's revision to its definition of VOC, published on August 25, 1997, in the Federal Register (62 FR 4490), the State of Tennessee has changed Chapter 1200-3-18 Tennessee Code Annotated, by adding 16 compounds to the list of compounds excluded from the definition of VOC, on the basis that these compounds have negligible contribution to tropospheric ozone formation. The 16 compounds added to the list of negligibly reactive compounds are shown below in Table 1. Additionally, the State of Tennessee has added methyl acetate and perflurocarbon compounds to the list of compounds excluded from the definition of VOC in accordance with EPA's VOC definition, as published on April 9, 1998, in the Federal Register (63 FR 17331). Methyl acetate and perflurocarbon compounds excluded from the definition of VOC are those that fall into the following categories: Start Printed Page 19125
(i) Cyclic, branched, or linear; completely fluorinated alkanes;
(ii) Cyclic, branched or linear completely fluorinated ethers with no unsaturations;
(iii) Cyclic, branched, or linear completely fluorinated tertiary amines with no unsaturations; and
(iv) Sulfur containing perflouocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine.
|C4 F9 OCH3||1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxybutane.|
|(CF3)2 CFCF2 OCH3||2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane.|
|C4 F9 OC2 H5||1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane.|
|(CF3)CFCF2 OC2 H5||2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane.|
II. Final Action
EPA is approving the aforementioned changes to the State of Tennessee SIP, because they are consistent with EPA policy and the Clean Air Act (CAA). 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 June 12, 2006 without further notice unless the Agency receives adverse comments by May 15, 2006.
If EPA receives such comments, then EPA will publish a document withdrawing the final rule and informing the public that the rule will not take effect. All public comments received will then be addressed in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period. Parties interested in commenting should do so at this time. If no such comments are received, the public is advised that this rule will be effective on June 12, 2006 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.
III. Statutory and Executive Order Review
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 (Public Law 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 CAA. 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 CAA. 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 CAA. 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 Start Printed Page 19126Business 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 CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by June 12, 2006. 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).)Start List of Subjects
List of Subjects in 40 CFR Part 52
- Environmental protection
- Air pollution control
- Intergovernmental relations
- Particulate matter
- Reporting and recordkeeping requirements
- Volatile organic compounds
Dated: March 31, 2006.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
, is amended as follows:End Amendment Part Start Part
PART 52—[AMENDED]End Part Start Amendment Part
1. The authority citation for part 52 continues to read as follows:End Amendment Part
Subpart (RR)—(Tennessee)Start Amendment Part
2. Section 52.2220(c) is amended by revising the entry for “Section 1200-3-18-.01” to read as follows:End Amendment Part
(c) * * *
|State citation||Title/subject||Adoption date||EPA approval date||Federal Register notice|
|* * * * * * *|
|1200-3-18-.01||Definitions||09/01/99||04/13/06||[Insert first page of publication]|
|* * * * * * *|
[FR Doc. 06-3490 Filed 4-12-06; 8:45 am]
BILLING CODE 6560-50-P