

[Federal Register: January 3, 2006 (Volume 71, Number 1)]
[Rules and Regulations]               
[Page 21-24]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03ja06-8]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R04-OAR-2005-TN-0004-200526(a); FRL-8014-6]

 
Approval and Promulgation of Implementation Plans; Tennessee and 
Nashville-Davidson County; Approval of Revisions to the State 
Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving non-regulatory revisions to the Tennessee 
State Implementation Plan (SIP) and regulatory revisions to the 
Nashville-Davidson portion of the Tennessee SIP, submitted by the State 
of Tennessee through the Tennessee Department of Environment and 
Conservation (TDEC) on January 26, 1999, October 11, 2001, and April 
15, 2005. The revisions amend the Vehicle Inspection and Maintenance 
program in Nashville-Davidson County and the Nashville (Middle 
Tennessee) 1-Hour Ozone Maintenance Plan.

DATES: This direct final rule is effective March 6, 2006 without 
further notice, unless EPA receives adverse comment by February 2, 
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.

ADDRESSES: Submit your comments, identified by Regional Material in 
EDocket (RME) ID No. R04-OAR-2005-TN-0004, by one of the following 
methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 

the on-line instructions for submitting comments.
    2. Agency Web site: http://docket.epa.gov/rmepub/ RME, EPA's 

electronic public docket and comment system, is EPA's preferred method 
for receiving comments. Once in the system, select ``quick search,'' 
then key in the appropriate RME Docket identification number. Follow 
the on-line instructions for submitting comments.
    3. E-mail: hoffman.annemarie@epa.gov.
    4. Fax: 404-562-9019.
    5. Mail: R04-OAR-2005-TN-0004, 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.
    6. Hand Delivery or Courier. Deliver your comments to: Anne Marie

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Hoffman, 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 RME ID No. R04-OAR-2005-TN-
0004. 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://docket.epa.gov/rmepub/, 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 information that you 
consider to be CBI or otherwise protected through RME, regulations.gov, 
or e-mail. The EPA RME Web site and the Federal regulations.gov Web 
site are ``anonymous access'' systems, 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 RME or 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.
    Docket: All documents in the electronic docket are listed in the 
RME index at http://docket.epa.gov/rmepub/. 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 RME 
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: Anne Marie Hoffman, 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) 562-9074. Ms. Hoffman can also be reached via electronic mail 
at hoffman.annemarie@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On June 11, 1997, the Tennessee Air Pollution Control Board 
approved non-regulatory revisions to the Nashville Ozone Maintenance 
Plan so that the Plan would remain consistent with Rule 1200-3-29-.03, 
Motor Vehicle Inspection Requirements. On October 10, 2001, and April 
12, 2005, the Tennessee Air Pollution Control Board approved revisions 
to the Nashville-Davidson County Regulation No. 8, Regulation of 
Emissions from Light-Duty Motor Vehicles Through Mandatory Vehicle 
Inspection and Maintenance Program. The final revisions, adopted on 
April 12, 2005, are consistent with the State of Tennessee Light-Duty 
Motor Vehicle Inspection and Maintenance regulations and support the 
Nashville-Davidson County Metropolitan Health Department's efforts to 
ensure attainment of the 8-hour ozone national ambient air quality 
standard (NAAQS).

II. Analysis of State's Submittal

    The non-regulatory revision to the Nashville Ozone Maintenance Plan 
submitted to EPA on January, 26, 1999, revises the Nashville Ozone 
Maintenance Plan so that the Plan remains consistent with Rule 1200-3-
29-.03, Motor Vehicle Inspection Requirements. The revision to the 
Maintenance Plan merely updates the Plan and does not impact any 
emission calculations or affect any compliance rate calculations in the 
Maintenance Plan.
    The revisions submitted to EPA on October 11, 2001, revise 
Regulation No. 8 of the Nashville-Davidson County portion of the 
Tennessee SIP, Regulation of Emissions From Light-Duty Motor Vehicles 
through Mandatory Vehicle Inspection and Maintenance Program, by 
changing definitions, on board diagnostics requirements, and fees 
associated with the program.
    The revisions submitted to EPA on April 12, 2005, revise Regulation 
No. 8 of the Nashville-Davidson County portion of the Tennessee SIP, 
Regulation of Emissions From Light-Duty Motor Vehicles through 
Mandatory Vehicle Inspection and Maintenance Program, by expanding the 
existing regulations to increase the vehicle test weight to 10,000 
pounds (gross vehicle weight rating) and adding diesel powered vehicles 
from 1975 to the present year. The revisions are consistent with the 
State of Tennessee Light-Duty Motor Vehicle Inspection and Maintenance 
regulations and will improve air quality in Nashville through vehicle 
emissions reductions. The emissions reductions expected in the 
Nashville area from expansion of the inspection and maintenance program 
will be 0.0231 tons per day of nitrogen oxides (NOX) and 
0.0455 tons per day of volatile organic compounds (VOC).

III. Final Action

    EPA is approving the aforementioned regulatory and nonregulatory 
changes to the Tennessee SIP because they are consistent with the Clean 
Air Act and EPA requirements.
    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 March 6, 2006 
without further notice unless the Agency receives adverse comments by 
February 2, 2006.
    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 March 6, 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

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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.

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. section 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 March 6, 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).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Particulate matter, Volatile 
organic compounds.

    Dated: December 9, 2005.
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. Section 52.2220 is amended by:
0
a. In paragraph (c) under ``Table 5-EPA Approved Nashville-Davidson 
County Regulations'' by revising entries for ``Regulation No. 8 
Regulation of Emissions from Light-Duty Motor Vehicles Through 
Mandatory Vehicle Inspection and Maintenance Program.''
0
b. In paragraph (e) by adding new entry at the end of the table for 
``Nashville Ozone Maintenance Plan'' to read as follows:


Sec.  52.2220  Identification of plan.

* * * * *
    (c) * * *

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                          Table 5.--EPA-Approved Nashville-Davidson County Regulations
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                                                        State effective
         State citation              Title/subject           date          EPA approval date      Explanation
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                                                  * * * * * * *
Regulation No. 8................  Regulation of       4/12/05...........  January 3, 2006.    ..................
                                   Emissions from                          [Insert first
                                   Light-Duty Motor                        page of
                                   Vehicles Through                        publication].
                                   Mandatory Vehicle
                                   Inspection and
                                   Maintenance
                                   Program.

                                                  * * * * * * *
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* * * * *
    (e) * * *

                                EPA-Approved Tennessee Non-Regulatory Provisions
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                                      Applicable
    Name of nonregulatory SIP        geographic or      State effective    EPA approval date      Explanation
            provision             nonattainment area         date
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                                                  * * * * * * *
Nashville 1-Hour Ozone            Nashville 1-Hour    June 11, 2005.....  January 3, 2006     ..................
 Maintenance Plan.                 Ozone Maintenance                       [Insert first
                                   Area.                                   page number of
                                                                           publication].
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[FR Doc. 05-24413 Filed 12-30-05; 8:45 am]

BILLING CODE 6560-50-P
