Approval and Promulgation of Air Quality Implementation Plans; Tennessee and Georgia; Attainment Demonstrations for the Chattanooga, Nashville, and Tri-Cities Early Action Compact Areas, 50199-50205 [05-16594]
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50199
Federal Register / Vol. 70, No. 165 / Friday, August 26, 2005 / Rules and Regulations
Upper Savannah Early Action Compact
Areas.’’
§ 52.2120
Identification of plan.
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AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA
State effective
date
State citation
Title/subject
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Regulation 62.2 ......................................
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Prohibition of Open Burning ............
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Regulation No. 62.5
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Standard No. 5.2 ....................................
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06/25/04
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08/26/05
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Air Pollution Control Standards
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Control of Oxides of Nitrogen (NOX)
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EPA approval
date
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Federal Register
Notice
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[Insert first page
number of publication].
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06/25/04
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08/26/05
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[Insert first page
number of publication].
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EPA-APPROVED SOUTH CAROLINA NON-REGULATORY PROVISIONS
Provision
State effective
date
EPA approval date
Explanation
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Attainment Demonstration for the Appalachian, Catawba, Pee Dee, Waccamaw,
Santee Lynches, Berkeley-Charleston-Dorchester, Low Country, Lower Savannah, Central Midlands, and Upper Savannah Early Action Compact Areas.
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12/29/04
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[FR Doc. 05–16598 Filed 8–25–05; 8:45 am]
BILLING CODE 6560–50–P
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
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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,
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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 8hour 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
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deferral is expected to be published
before September 30, 2005.
This rule will be effective
September 26, 2005.
DATES:
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 https://www.epa.gov/air/eac/
. All documents in the docket are listed
in the RME index at https://
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,
ADDRESSES:
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Federal Register / Vol. 70, No. 165 / Friday, August 26, 2005 / Rules and Regulations
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
martin.scott@epa.gov. Ms. Hoffman can
also be reached via electronic mail at
hoffman.annemarie@epa.gov.
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
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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discussed below, in Part III., ‘‘Response
to Comments.’’
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
3 Further information about the EAC program is
available in the EAC Protocol and prior Federal
Register notices available at https://www.epa.gov/
air/eac/.
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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
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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 8hour 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.
II. Today’s Action
Today we are taking final action to
approve revisions to the Tennessee and
Georgia SIPs under sections 110 and 116
4 This guidance can be found at https://
www.epa.gov/ttn/naaqs/ozone/eac/
index.htm#Guidance.
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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 https://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.
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50201
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
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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).)
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
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.
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart L—Georgia
2. Section 52.570 is amended by:
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’’.
■ b. In paragraph (e) by adding a new
entry 22. at the end of the table to read
as follows:
■
■
§ 52.570
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
*
Identification of plan.
*
*
(c) * * *
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*
EPA APPROVED GEORGIA REGULATIONS
State effective date
State citation
Title/subject
*
*
391–3–1–.02(2)(pp) ..........................
*
*
Bulk Gasoline Plants .......................
1/08/2005
*
Dispensing
1/08/2005
*
*
391–3–1–.02(2)(rr) ...........................
Gasoline
Stage I.
Gasoline Transport Vehicles and
Vapor Collection Systems.
*
*
391–3–1–.02(5) ................................
*
*
Open Burning ..................................
*
*
*
*
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16:11 Aug 25, 2005
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8/26/2005 ........................................
[Insert first page number of publication].
*
*
*
8/26/2005 ........................................
[Insert first page number of publication].
1/08/2005 8/26/2005 ........................................
[Insert first page number of publication]..
*
*
*
8/26/2005 ........................................
[Insert first page number of publication].
*
*
1/08/2005
*
*
(e) * * *
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Explanation
*
*
Facility—
391–3–1–.02(2)(ss) ..........................
*
EPA approval date
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EPA APPROVED GEORGIA NONREGULATORY PROVISIONS
Name of nonregulatory SIP provision
*
*
22. Attainment Demonstration for
the Chattanooga Early Action
Area.
Applicable geographic or nonattainment area
State submittal date/effective date
*
*
*
Walker and Catoosa Counties ...... December 31, 2004 ......................
Subpart RR—Tennessee
3. Section 52.2220 is amended by:
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.’’
■ b. In paragraph (c) under ‘‘Table-1
EPA Approved Tennessee Regulations’’
■
■
by adding in numerical order a new
entry for ‘‘1200–3–29–.12.’’
■ 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.’’
■ d. In paragraph (c) under ‘‘Table 4
EPA Approved Chattanooga
Regulations’’ by revising the entries for
EPA approval date
*
*
August 26, 2005.
[Insert first page number of publication]
‘‘Section 4–41 Rule 6 Prohibition of
Open Burning’’ and ‘‘Section 41 Rule
25.10 Gasoline dispensing facilities—
stage 1 vapor recovery,’’ and
■ e. In paragraph (e) by adding a new
entry at the end of the table to read as
follows:
§ 52.2220
*
Identification of plan.
*
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(c) * * *
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*
TABLE 1.—EPA APPROVED TENNESSEE REGULATIONS
State citation
*
*
*
Section 1200–3–18–.22 ...................
*
State
effective
date
Title/subject
*
Section 1200–3–18.24 .....................
*
*
Gasoline Dispensing Facility-Stage
I and Stage II Vapor Recovery.
*
*
*
*
Chapter 1200–3–29
*
12/29/2004
*
*
*
Definitions ........................................
12/29/2004
Section 1200–3–29.03 .....................
Motor Vehicle Inspection Requirements.
12/29/2004
Section 1200–3–29–.04 ...................
Exemption From Motor Vehicle Inspection Requirements.
12/29/2004
Section 1200–3–29–.05 ...................
Motor Vehicle Emission Performance Test Criteria.
12/29/2004
Section 1200–3–29–.06 ...................
Motor Vehicle Anti-Tampering Test
Criteria.
12/29/2004
Section 1200–3–29–.07 ...................
Motor Vehicle Emissions Performance Test Methods.
12/29/2004
Section 1200–3–29–.08 ...................
Motor Vehicle Anti-Tampering Test
Methods.
12/29/2004
Section 1200–3–29–.09 ...................
Motor Vehicle Inspection Program ..
12/29/2004
Jkt 205001
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8/26/2005 ........................................
[Insert first page number of publication].
*
*
Light-Duty Motor Vehicle Inspection and Maintenance
*
*
*
Section 1200–3–29.02 .....................
16:11 Aug 25, 2005
*
Explanation
Chapter 1200–3–18 Volatile Organic Compounds
Bulk Gasoline Plants .......................
12/29/2004 8/26/2005 ........................................
[Insert first page number of publication].
*
*
*
*
*
*
VerDate Aug<18>2005
EPA approval date
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*
8/26/2005 ........................................
[Insert first page number of publication].
8/26/2005 ........................................
[Insert first page number of publication].
8/26/2005 ........................................
[Insert first page number of publication].
8/26/2005 ........................................
[Insert first page number of publication].
8/26/2005 ........................................
[Insert first page number of publication].
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[Insert first page number of publication].
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[Insert first page number of publication].
E:\FR\FM\26AUR1.SGM
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50204
Federal Register / Vol. 70, No. 165 / Friday, August 26, 2005 / Rules and Regulations
TABLE 1.—EPA APPROVED TENNESSEE REGULATIONS—Continued
State
effective
date
State citation
Title/subject
Section 1200–3–29–.10 ...................
Motor Vehicle Inspection Fee .........
12/29/2004
Section 1200–3–29–.12 ...................
Area of Applicability ........................
12/29/2004
*
*
*
1200–03–36–.01 ...............................
1200–03–36–.02 ...............................
1200–03–36–.03 ...............................
1200–03–36–.04 ...............................
1200–03–36–.05 ...............................
*
*
*
*
*
*
EPA approval date
Explanation
8/26/2005 ........................................
[Insert first page number of publication].
8/26/2005 ........................................
[Insert first page number of publication].
*
*
Chapter 1200–3–36 Motor Vehicle Tampering
Purpose ...........................................
12/29/2004 8/26/2005 ........................................
[Insert first page number of publication].
Definitions ........................................
12/29/2004 8/26/2005 ........................................
[Insert first page number of publication].
Motor Vehicle Tampering Prohibited
12/29/2004 8/26/2005 ........................................
[Insert first page number of publication].
Recordkeeping Requirements .........
12/29/2004 8/26/2005 ........................................
[Insert first page number of publication].
Exemptions ......................................
12/29/2004 8/26/2005 ........................................
[Insert first page number of publication].
*
TABLE 4.—EPA APPROVED CHATTANOOGA REGULATIONS
State citation
Adoption
date
Title/subject
Section 4–41, Rule 6 ........................
Prohibition of Open Burning
12/08/04
*
*
Section 4–41, Rule 25 ......................
*
*
General Provisions and Applicability
for Volatile Organic Compounds
12/08/04
*
*
*
*
*
*
*
*
EPA approval date
Explanation
8/26/05.
[Insert first page number of publication].
*
*
*
*
*
8/26/05 ............................................
[Insert first page number of publication].
*
*
(e) * * *
EPA APPROVED TENNESSEE NON-REGULATORY PROVISIONS
Name of nonregulatory SIP provision
Applicable geographic or nonattainment area
*
*
Attainment Demonstrations for Early
Action Compact Areas.
*
*
Chattanooga, Nashville, and Tri-Cities Early Action Compact Areas
VerDate Aug<18>2005
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December
31, 2004
Sfmt 4700
EPA approval date
*
*
August 26, 2005 ..............................
[Insert first page number of publication].
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26AUR1
Explanation
*
Federal Register / Vol. 70, No. 165 / Friday, August 26, 2005 / Rules and Regulations
[FR Doc. 05–16594 Filed 8–25–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R06–OAR–2005–TX–0022; FRL–7959–5]
Limited Approval and Promulgation of
Implementation Plans; Texas; Excess
Emissions During Startup, Shutdown
and Malfunction Activities
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: This action finalizes limited
approval of revisions to the Texas State
Implementation Plan (SIP) concerning
excess emissions which we proposed,
through the parallel processing
mechanism, on May 9, 2005.
Specifically, we are finalizing limited
approval of revisions to 30 TAC Chapter
101, General Air Quality Rules
concerning excess emissions during
startup, shutdown, and malfunction
(SSM) activities. The action will have
the effect of extending the expiration
date of certain provisions from June 30,
2005 to no later than June 30, 2006.
Texas has made this change to allow for
additional time before these provisions
expire from the SIP to submit a revised
excess emissions rule for our approval
into the SIP.
DATES: This rule is effective on
September 26, 2005.
ADDRESSES: Copies of the documents
relevant to this action are available for
public inspection during normal
business hours at the following
locations. Anyone wanting to examine
these documents should make an
appointment with the appropriate office
at least two working days in advance.
Environmental Protection Agency,
Region 6, Air Planning Section (6PD–L),
1445 Ross Avenue, Dallas, Texas 75202–
2733.
Texas Commission on Environmental
Quality (TCEQ), Office of Air Quality,
12124 Park 35 Circle, Austin, Texas
78753.
Mr.
Alan Shar of the Air Planning Section
(6PD–L), EPA Region 6, 1445 Ross
Avenue, Dallas, Texas 75202–2733 at
(214) 665–6691, shar.alan@epa.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Table of Contents
I. Background Information
1. What actions are we taking in this
document?
VerDate Aug<18>2005
16:11 Aug 25, 2005
Jkt 205001
2. What documents did we use in the
evaluation of this rule?
3. Who submitted comments to us?
4. What is our response to the submitted
written comments?
5. What areas in Texas will these rule
revisions affect?
II. Final Action
III. Statutory and Executive Order Reviews
In this document ‘‘we,’’ ‘‘us,’’ and
‘‘our’’ refer to EPA.
I. Background Information
1. What Actions Are We Taking in This
Document?
On May 9, 2005 (70 FR 24348) we
proposed limited approval of revisions
to the Texas SIP pertaining to excess
emissions during SSM activities. See 30
TAC, General Air Quality Rule 101,
subchapter F, sections 101.221, 101.222,
and 101.223. The currently approved
Texas SIP provides that these three
provisions of the State rules, that
address excess emissions resulting from
SSM related activities, will expire by
their own terms on June 30, 2005. In
granting a limited approval of those
provisions of the State rule EPA
interpreted those provisions to mean the
subsections would expire from the
approved SIP on that date (June 30,
2005).
Our May 9, 2005 (70 FR 24348)
proposal addressed changes to each of
these three provisions which would
extend the expiration date to as late as
June 30, 2006. Specifically, the State
revised each of the three subsections to
provide:
‘‘This section expires on January 15, 2006,
unless the commission submits a revised
version of this section to the Environmental
Protection Agency (EPA) for review and
approval into the Texas state implementation
plan. If the commission submits a revised
version of this section, this section expires on
June 30, 2006.’’
See 30 TAC, General Air Quality Rule
101, Subchapter F, subsections
101.221(g), 101.222(h), and 101.223(e).
Today, we are taking final action on
the May 9, 2005 (70 FR 24348) proposal.
Because we proposed to approve these
revisions prior to the time the State
completed its state rulemaking process,
we compared the final version of the
adopted State submission with the
submission on which the proposed
rulemaking was based. The comparison
reveals no changes in the State’s final
submission. The change we are
approving today will, in effect, extend
the expiration date of the affected
sections from June 30, 2005 to January
15, 2006, unless the State submits a
replacement rule to EPA, which would
have the effect of extending the
PO 00000
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Sfmt 4700
50205
expiration date in the SIP to June 30,
2006.
The EPA believes it is important to
reiterate our interpretation of the phrase
in the State’s rule, ‘‘submits a revised
version of this section.’’ If we receive a
SIP submission of a state-adopted
revised version of the specified sections
prior to January 15, 2006, we will
review the submission for completeness
in accordance with our completeness
regulations. See 40 CFR Part 51,
Appendix V. If the State fails to submit
an adopted rule by January 15, 2006, or
submits a SIP that we determine is
incomplete, the existing regulations will
expire from the SIP effective January 15,
2006. If we find the submission
complete, then the rule will expire from
the SIP on June 30, 2006, or at an earlier
date if so provided by a replacement
rule that we approve into the Texas SIP
prior to June 30, 2006.
The EPA intends to work with the
State during the State’s rulemaking
process to identify any issues that
would prevent our full approval of the
replacement rule. Although we cannot
prejudge our ultimate decision on a
future SIP submission prior to our
review of such revisions and our
consideration of any public comments
in response to our proposed action on
such submission, we will attempt to
identify any issues that would prevent
our full approval of the replacement
rule during the State’s rulemaking
process and any preliminary
discussions we may have with the State.
We are granting limited, rather than
full, approval of this SIP submittal. We
are granting limited approval of this rule
because we granted limited approval of
the regulations which are modified by
this revision. Although this action will
extend the expiration date of sections
101.221, 101.222, and 101.223, the basis
for our limited approval of the State’s
excess emissions rules remains
unchanged as explained in our March
30, 2005 (70 FR 16129) rulemaking
action.
2. What Documents Did We Use in the
Evaluation of This Rule?
The EPA’s interpretation of the Act on
excess emissions occurring during SSM
is set forth in the following documents:
a memorandum dated September 28,
1982, from Kathleen M. Bennett,
Assistant Administrator for Air, Noise,
and Radiation, entitled ‘‘Policy on
Excess Emissions During Startup,
Shutdown, Maintenance, and
Malfunctions;’’ EPA’s clarification to the
above policy memorandum dated
February 15, 1983, from Kathleen M.
Bennett, Assistant Administrator for
Air, Noise, and Radiation; EPA’s policy
E:\FR\FM\26AUR1.SGM
26AUR1
]]>Agencies
[Federal Register Volume 70, Number 165 (Friday, August 26, 2005)]
[Rules and Regulations]
[Pages 50199-50205]
From the Federal Register Online via the Government Printing 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.
-----------------------------------------------------------------------
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 https://www.epa.gov/air/eac/.
All documents in the docket are listed in the RME index at https://
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 martin.scott@epa.gov. Ms. Hoffman can
also be reached via electronic mail at hoffman.annemarie@epa.gov.
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.''
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\3\ Further information about the EAC program is available in
the EAC Protocol and prior Federal Register notices available at
https://www.epa.gov/air/eac/.
\4\ This guidance can be found at https://www.epa.gov/ttn/naaqs/
ozone/eac/index.htm#Guidance.
---------------------------------------------------------------------------
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 https://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
