

[Federal Register: January 4, 2007 (Volume 72, Number 2)]
[Rules and Regulations]               
[Page 265-267]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04ja07-12]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2006-0577-200620(a); FRL-8265-4]

 
Approval and Promulgation of Implementation Plans; Tennessee: 
Approval of Revisions to the Knox County Portion of the Tennessee State 
Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the 
Tennessee State Implementation Plan (SIP) submitted by the State of 
Tennessee, through the Tennessee Department of Environment and 
Conservation (TDEC), on January 20, 2006. The revisions pertain to the 
Knox County portion of the Tennessee SIP, and include changes to the 
Knox County Air Quality Regulations (KCAQR) Section 46.0--``Regulation 
of Volatile Organic Compounds.'' The changes were made following EPA 
action on the corresponding federal law. The changes add four compounds 
to the list of compounds excluded from the definition of volatile 
organic compounds (VOC) on the basis that they make a negligible 
contribution to ozone formation. This action is being taken pursuant to 
section 110 of the Clean Air Act (CAA).

DATES: This direct final rule is effective March 5, 2007 without 
further notice, unless EPA receives adverse comment by February 5, 
2007. 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 Docket ID No. EPA-R04-
OAR-2006-0577 by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 

submitting comments.
    2. E-mail: louis.egide@epa.gov.
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2006-0577,'' 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: Dr. Egide Louis, 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. 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 a.m. to 4:30 p.m., excluding federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2006-0577. 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 a.m. to 4:30 
p.m. excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Dr. Egide Louis, 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) 562-9240. Dr. Louis can also be reached via electronic mail at 
louis.egide@epa.gov.


SUPPLEMENTARY INFORMATION:

I. Today's Action

    On January 20, 2006, the State of Tennessee, through TDEC, 
submitted revisions to the Knox County portion of the Tennessee SIP to 
include changes to KCAQR Section 46.0--``Regulation of Volatile Organic 
Compounds.'' The change adds four compounds to the list

[[Page 266]]

of those excluded from the definition of VOC on the basis that they 
make a negligible contribution to ozone formation. The definition in 
Section 46.0, now reads that 1,1,1,2,2,3,3-heptafluoro-3-methoxy-
propane (n-C3F7OCH3, HFE-7000), 3-
ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethy) hexane 
(HFE-7500), 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea) and methyl 
formate (HCOOCH3) will be considered to be negligibly 
reactive. Notably, as part of the January 20, 2006, submittal, the 
State of Tennessee requested that EPA approve changes to the Knox 
County portion of the Tennessee SIP to reflect changes made to KCAQR 
Section 26.0--``Permits,'' and Section 45.0--``Prevention of 
Significant Deterioration.'' EPA is not taking action on these rules at 
this time, but will address them in the future.

II. Background

    Tropospheric ozone occurs when VOC and nitrogen oxides 
(NOX) react in the atmosphere. Because of the harmful health 
effects of ozone, EPA regulations limit 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, in addition to NOX, form ozone through 
atmospheric photochemical reactions. Compounds of carbon (i.e., or 
organic compounds) have different levels of reactivity. As a result, 
they do not react at the same speed, and do not form ozone to the same 
extent.
    In accordance with EPA policy, compounds of carbon with a 
negligible level of reactivity need not be regulated to reduce ozone 
(see, 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 negligibly 
reactive compounds in its regulations at 40 CFR 51.100(s), and excludes 
them from the definition of VOC. EPA may periodically revise the list 
of negligibly reactive compounds to add or delete compounds from the 
list.
    On November 29, 2004 (69 FR 69298), EPA finalized a rule approving 
the addition of the four compounds that were added to KCAQR Section 
46.0., to the list of those excluded from the definition of VOC. The 
instant SIP submittal is consistent with EPA's rule change in November 
2004.

III. Final Action

    EPA is taking direct final action to approve the January 20, 2006, 
SIP revision submitted by TDEC regarding changes to KCAQR Section 
46.0--``Regulation of Volatile Organic Compounds.'' These changes are 
at least as stringent as the corresponding federal regulations. As a 
result, the revision is approvable pursuant to section 110 of the 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 March 5, 2007 
without further notice unless the Agency receives adverse comments by 
February 5, 2007.
    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 March 5, 2007 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.

IV. 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 (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 state law as 
meeting Federal requirements and imposes no additional requirements 
beyond those imposed by state law. As a result, it 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 Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the

[[Page 267]]

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 March 5, 2007. 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, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: December 20, 2006.
A. Stanley Meiburg,
Acting 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 (RR)--(Tennessee)

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2. Section 52.2220(c) is amended by revising entry in Table 3 of the 
Knox County portion of the Tennessee State Implementation Plan, for 
``Section 46.0'', to read as follows:


Sec.  52.2220  Identification of plan.

* * * * *
    (c) * * *

                                 Table 3.--EPA-Approved Knox County, Regulations
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                                                                State
           State citation                Title/subject        effective      EPA approval date      Explanation
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                                                  * * * * * * *
46.0...............................  Regulation of              10/12/05  1/04/07 [Insert         ..............
                                      Volatile Organic                     citation of
                                      Compounds.                           publication]

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[FR Doc. E6-22478 Filed 1-3-07; 8:45 am]

BILLING CODE 6560-50-P
