Approval and Promulgation of Implementation Plans; Tennessee and Nashville-Davidson County; Approval of Revisions to the State Implementation Plan, 21-24 [05-24413]
Download as PDF
21
Federal Register / Vol. 71, No. 1 / Tuesday, January 3, 2006 / Rules and Regulations
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 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: December 7, 2005.
Kerrigan G. Clough,
Acting Regional Administrator, Region 8.
40 CFR part 52 is amended to read 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 BB—Montana
2. Section 52.1371 is amended by
revising the introductory text and
revising the entries ‘‘Helena Intrastate
AQCR 142’’ and ‘‘Missoula Intrastate
AQCR 144’’ in the table to read as
follows:
■
§ 52.1371
Classification of regions.
The Montana Emergency Episode
Avoidance Plan was revised with an
August 2, 2004 submittal by the
Governor. The August 2, 2004
Emergency Episode Avoidance Plan
classified the Air Quality Control
Regions (AQCR) as follows:
Pollutant
Air quality control regions (AQCR)
Particulate
matter
*
*
*
Helena Intrastate AQCR 142 ...............................................
*
*
*
*
Missoula Intrastate AQCR 144 .............................................
*
[FR Doc. 05–24366 Filed 12–30–05; 8:45 am]
BILLING CODE 6560–50–P
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
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Sulfur
oxide
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
The EPA is approving nonregulatory revisions to the Tennessee
State Implementation Plan (SIP) and
regulatory revisions to the NashvilleSUMMARY:
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Nitrogen
dioxide
III
*
III
III
III
*
III
III
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 NashvilleDavidson 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.
Submit your comments,
identified by Regional Material in
EDocket (RME) ID No. R04–OAR–2005–
TN–0004, by one of the following
methods:
ADDRESSES:
PO 00000
Frm 00021
Carbon
monoxide
Fmt 4700
Sfmt 4700
Ozone
*
*
III
*
III
*
III
III
1. Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
2. Agency Web site: https://
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 online 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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Federal Register / Vol. 71, No. 1 / Tuesday, January 3, 2006 / Rules and Regulations
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 https://
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 https://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
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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 nonregulatory 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 NashvilleDavidson County Regulation No. 8,
Regulation of Emissions from LightDuty 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
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Frm 00022
Fmt 4700
Sfmt 4700
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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Federal Register / Vol. 71, No. 1 / Tuesday, January 3, 2006 / Rules and Regulations
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
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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
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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.
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
23
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]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart RR—Tennessee
2. Section 52.2220 is amended by:
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.’’
■ b. In paragraph (e) by adding new
entry at the end of the table for
‘‘Nashville Ozone Maintenance Plan’’ to
read as follows:
■
■
§ 52.2220
*
Identification of plan.
*
*
(c) * * *
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Federal Register / Vol. 71, No. 1 / Tuesday, January 3, 2006 / Rules and Regulations
TABLE 5.—EPA-APPROVED NASHVILLE-DAVIDSON COUNTY REGULATIONS
State citation
Title/subject
State effective date
EPA approval date
*
Regulation No. 8 ................
*
*
Regulation of Emissions
from Light-Duty Motor
Vehicles Through Mandatory Vehicle Inspection and Maintenance
Program.
*
4/12/05 ..............................
*
*
January 3, 2006. [Insert
first page of publication].
*
*
*
*
*
*
*
*
*
*
Explanation
*
*
*
(e) * * *
EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS
Name of nonregulatory SIP
provision
*
Nashville 1–Hour Ozone
Maintenance Plan.
Applicable geographic or
nonattainment area
*
*
Nashville 1–Hour Ozone
Maintenance Area.
[FR Doc. 05–24413 Filed 12–30–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R03–OAR–2005–VA–0013; FRL–8012–
3]
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
Redesignation of the Shenandoah
National Park Ozone Nonattainment
Area To Attainment and Approval of
the Area’s Maintenance Plan
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AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: EPA is approving a
redesignation request and a State
Implementation Plan (SIP) revision
submitted by the Commonwealth of
Virginia. The Virginia Department of
Environmental Quality (VADEQ) is
requesting that the Shenandoah
National Park area (the SNP area) be
redesignated as attainment for the 8hour ozone national ambient air quality
standard (NAAQS). In conjunction with
its redesignation request, the
Commonwealth submitted a SIP
revision consisting of a maintenance
plan for the SNP area that provides for
continued attainment of the 8-hour
ozone NAAQS for the next 10 years.
EPA is also approving the adequacy
determination for the motor vehicle
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State effective date
EPA approval date
*
June 11, 2005. ..................
*
*
January 3, 2006 [Insert
first page number of
publication].
emission budgets (MVEBs) that are
identified in the 8-hour maintenance
plan for the SNP area for purposes of
transportation conformity, and is
approving those MVEBs. EPA is
approving the redesignation request and
the maintenance plan revision to the
Virginia SIP in accordance with the
requirements of the CAA.
DATES: Effective Date: This final rule is
effective on February 2, 2006.
EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2005–VA–
0013. All documents in the docket are
listed in the www.regulations.gov Web
site. Although listed in the electronic
docket, 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 through
www.regulations.gov or in hard copy for
public inspection during normal
business hours at the Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the Virginia Department of
Environmental Quality, 629 East Main
Street, Richmond, Virginia 23219.
ADDRESSES:
PO 00000
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Fmt 4700
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Explanation
*
FOR FURTHER INFORMATION CONTACT:
Amy Caprio, (215) 814–2156, or by email at caprio.amy@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On November 4, 2005 (70 FR 67109),
EPA published a notice of proposed
rulemaking (NPR) for the
Commonwealth of Virginia. The NPR
proposed approval of Virginia’s
redesignation request and a SIP revision
that establishes a maintenance plan for
the SNP area that sets forth how the
SNP area will maintain attainment of
the 8-hour ozone NAAQS for the next
10 years. The formal SIP revision was
submitted by the VADEQ on September
21, 2005 and September 23, 2005. Other
specific requirements of Virginia’s
redesignation request SIP revision for
the maintenance plan, and the rationale
for EPA’s proposed action are explained
in the NPR and will not be restated here.
No adverse public comments were
received on the NPR.
II. General Information Pertaining to
SIP Submittals From the
Commonwealth of Virginia
In 1995, Virginia adopted legislation
that provides, subject to certain
conditions, for an environmental
assessment (audit) ‘‘privilege’’ for
voluntary compliance evaluations
performed by a regulated entity. The
legislation further addresses the relative
burden of proof for parties either
asserting the privilege or seeking
disclosure of documents for which the
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Agencies
[Federal Register Volume 71, Number 1 (Tuesday, January 3, 2006)]
[Rules and Regulations]
[Pages 21-24]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24413]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: https://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. Agency Web site: https://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
[[Page 22]]
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
https://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 https://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
[[Page 23]]
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) * * *
[[Page 24]]
Table 5.--EPA-Approved Nashville-Davidson County Regulations
----------------------------------------------------------------------------------------------------------------
State effective
State citation Title/subject date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
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.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
EPA-Approved Tennessee Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of nonregulatory SIP geographic or State effective EPA approval date Explanation
provision nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Nashville 1-Hour Ozone Nashville 1-Hour June 11, 2005..... January 3, 2006 ..................
Maintenance Plan. Ozone Maintenance [Insert first
Area. page number of
publication].
----------------------------------------------------------------------------------------------------------------
[FR Doc. 05-24413 Filed 12-30-05; 8:45 am]
BILLING CODE 6560-50-P