Approval and Promulgation of Implementation Plans; Tennessee: Revisions to Volatile Organic Compound Definition, 19124-19126 [06-3490]
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19124
Federal Register / Vol. 71, No. 71 / Thursday, April 13, 2006 / Rules and Regulations
(3) The local Captain of the Port may
notify the maritime and general public
by marine information broadcast of the
periods during which individual
security zones have been activated by
providing notice in accordance with 33
CFR 165.7.
(4) Persons desiring to transit within
100 yards of a moving, escorted HCPV
or AMHS vessel in the Seventeenth
Coast Guard District must contact the
designated on scene representative on
VHF channel 16 (156.800 MHz) or VHF
channel 13 (156.650 MHz) to receive
permission.
(5) If permission is granted to transit
within 100 yards of an escorted HCPV
or AMHS vessel, all persons and vessels
must comply with the instructions of
the designated on scene representative.
(6) All commercial fishing vessels as
defined by 46 U.S.C. 2101(11a) while
actively engaged in fishing are
exempted from the provisions of this
section.
Dated: April 3, 2006.
James C. Olson,
Rear Admiral, U.S. Coast Guard, Commander,
Seventeenth Coast Guard District.
[FR Doc. 06–3564 Filed 4–12–06; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2005–TN–0008–200534(a);
FRL–8157–8]
Approval and Promulgation of
Implementation Plans; Tennessee:
Revisions to Volatile Organic
Compound Definition
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
HSRObinson on PROD1PC61 with RULES
AGENCY:
SUMMARY: EPA is approving revisions to
the Tennessee State Implementation
Plan (SIP), submitted by the Tennessee
Department of Environment and
Conservation (TDEC) on September 7,
1998. This revision adds 16 compounds
to the list of compounds excluded from
the definition of ‘‘Volatile Organic
Compound’’ (VOC).
DATES: This direct final rule is effective
June 12, 2006 without further notice,
unless EPA receives adverse comment
by May 15, 2006. If adverse comment is
received, EPA will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
VerDate Aug<31>2005
14:13 Apr 12, 2006
Jkt 208001
OAR–2005–TN–0008, by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: hou.james@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: ‘‘EPA–R04–OAR–2005–TN–
0008,’’ Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: James
Hou, Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division 12th floor,
U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding Federal
holidays.
Instructions: Direct your comments to
Docket ID No. ‘‘EPA–R04–OAR–2005–
TN–0008.’’ EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
https://www.regulations.gov, including
any personal information provided,
unless the comment includes
information claimed to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Do not submit
through https://www.regulations.gov or
e-mail, information that you consider to
be CBI or otherwise protected. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
PO 00000
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Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the
electronic docket are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30
excluding legal holidays.
FOR FURTHER INFORMATION CONTACT:
James Hou, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street,
SW., Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–8965.
Mr. Hou can also be reached via
electronic mail at hou.james@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Analysis of State’s Submittal
On September 7, 1998, the TDEC
submitted a revision to the Tennessee
SIP. In response to EPA’s revision to its
definition of VOC, published on August
25, 1997, in the Federal Register (62 FR
4490), the State of Tennessee has
changed Chapter 1200–3–18 Tennessee
Code Annotated, by adding 16
compounds to the list of compounds
excluded from the definition of VOC, on
the basis that these compounds have
negligible contribution to tropospheric
ozone formation. The 16 compounds
added to the list of negligibly reactive
compounds are shown below in Table 1.
Additionally, the State of Tennessee has
added methyl acetate and
perflurocarbon compounds to the list of
compounds excluded from the
definition of VOC in accordance with
EPA’s VOC definition, as published on
April 9, 1998, in the Federal Register
(63 FR 17331). Methyl acetate and
perflurocarbon compounds excluded
from the definition of VOC are those
that fall into the following categories:
E:\FR\FM\13APR1.SGM
13APR1
Federal Register / Vol. 71, No. 71 / Thursday, April 13, 2006 / Rules and Regulations
(iii) Cyclic, branched, or linear
completely fluorinated tertiary amines
with no unsaturations; and
(i) Cyclic, branched, or linear;
completely fluorinated alkanes;
(ii) Cyclic, branched or linear
completely fluorinated ethers with no
unsaturations;
19125
(iv) Sulfur containing perflouocarbons
with no unsaturations and with sulfur
bonds only to carbon and fluorine.
COMPOUNDS ADDED TO THE LIST OF NEGLIGIBLY REACTIVE COMPOUNDS
Compound
Chemical name
HFC–32 ..............................................................
HFC–161 ............................................................
HFC–236fa .........................................................
HFC–245ca ........................................................
HFC–245ea ........................................................
HFC–245eb ........................................................
HFC–245fa .........................................................
HFC–236ea ........................................................
HFC–365mfc ......................................................
HCFC–31 ............................................................
HCFC–123a ........................................................
HCFC–151a ........................................................
C4F9OCH3 ...........................................................
(CF3)2CFCF2OCH3 .............................................
C4F9OC2H5 .........................................................
(CF3)CFCF2OC2H5 .............................................
HSRObinson on PROD1PC61 with RULES
II. Final Action
EPA is approving the aforementioned
changes to the State of Tennessee SIP,
because they are consistent with EPA
policy and the Clean Air Act (CAA).
EPA is publishing this rule without
prior proposal because the Agency
views this as a noncontroversial
submittal and anticipates no adverse
comments. However, in the proposed
rules section of this Federal Register
publication, EPA is publishing a
separate document that will serve as the
proposal to approve the SIP revision
should adverse comments be filed. This
rule will be effective June 12, 2006
without further notice unless the
Agency receives adverse comments by
May 15, 2006.
If EPA receives such comments, then
EPA will publish a document
withdrawing the final rule and
informing the public that the rule will
not take effect. All public comments
received will then be addressed in a
subsequent final rule based on the
proposed rule. EPA will not institute a
second comment period. Parties
interested in commenting should do so
at this time. If no such comments are
received, the public is advised that this
rule will be effective on June 12, 2006
and no further action will be taken on
the proposed rule. Please note that if we
receive adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
we may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
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14:13 Apr 12, 2006
Jkt 208001
Difluoromethane.
Ethylfluoride.
1,1,1,3,3,3-hexafluoropropane.
1,1,2,2,3-pentafluoropropane.
1,1,2,3,3-pentafluoropropane.
1,1,1,2,3-pentafluoropropane.
1,1,1,3,3-pentafluoropropane.
1,1,1,2,3,3-hexafluoropropane.
1,1,1,3,3-pentafluorobutane.
Chlorofluoromethane.
1,2-dichloro-1,1,2-trifluoroethane.
1-chloro-1-fluoroethane.
1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxybutane.
2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane.
1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane.
2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane.
III. Statutory and Executive Order
Review
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely approves
state law as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
state law. Accordingly, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this
rule approves pre-existing requirements
under state law and does not impose
any additional enforceable duty beyond
that required by state law, it does not
contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Public Law 104–4).
This rule also does not have tribal
implications because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
action also does not have federalism
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implications because it does not have
substantial direct effects on the states,
on the relationship between the
National Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
approves a state rule implementing a
Federal standard, and does not alter the
relationship or the distribution of power
and responsibilities established in the
CAA. This rule also is not subject to
Executive Order 13045 ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because it is not
economically significant.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the CAA. In this context, in the absence
of a prior existing requirement for the
State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the CAA. Thus, the requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not
apply. This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
E:\FR\FM\13APR1.SGM
13APR1
19126
Federal Register / Vol. 71, No. 71 / Thursday, April 13, 2006 / Rules and Regulations
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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by June 12, 2006. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Dated: March 31, 2006.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR part 52, is amended as
follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart (RR)—(Tennessee)
2. Section 52.2220(c) is amended by
revising the entry for ‘‘Section 1200–3–
18–.01’’ to read as follows:
I
Environmental protection, Air
pollution control, Intergovernmental
relations, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
§ 52.220(c).
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED (TENNESSEE) REGULATIONS
State citation
Title/subject
*
*
1200–3–18–.01 .........................................
*
*
Definitions .................................................
*
*
*
*
*
*
*
*
Adoption date
*
On
September 16, 2002 (67 FR 58339), EPA
published a final rulemaking action
granting the Commonwealth of
Massachusetts the authority to
implement and enforce its
perchloroethylene air emissions
regulations. In that document, EPA
incorrectly cited the wrong
Massachusetts Department of
Environmental Protection rule. This
action corrects the typographical error.
Section 553 of the Administrative
Procedure Act, 5 U.S.C. 553(b)(B),
provides that, when an agency for good
cause finds that notice and public
procedure are impracticable,
unnecessary or contrary to the public
interest, the agency may issue a rule
without providing notice and an
opportunity for public comment. We
have determined that there is good
cause for making today’s rule final
without prior proposal and opportunity
for comment because we are merely
correcting an incorrect citation in a
previous action. Thus, notice and public
procedure are unnecessary. We find that
this constitutes good cause under 5
U.S.C. 553(b)(B).
SUPPLEMENTARY INFORMATION:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–R01–OAR–2006–0277; FRL–8157–9]
Approval of the Clean Air Act, Section
112(l), Authority for Hazardous Air
Pollutants: Perchloroethylene Air
Emission Standards for Dry Cleaning
Facilities: Commonwealth of
Massachusetts Department of
Environmental Protection
Environmental Protection
Agency (EPA).
AGENCY:
Direct final rule; correcting
amendment.
HSRObinson on PROD1PC61 with RULES
ACTION:
SUMMARY: This document corrects an
error in the language of a final rule
pertaining to EPA’s approval granting
the Commonwealth of Massachusetts
the authority to implement and enforce
its perchloroethylene air emissions
regulations in place of the Federal dry
cleaning NESHAP for area sources.
DATES: Effective April 13, 2006.
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*
04/13/06
*
John
Courcier, at (617) 918–1659 or by e-mail
at courcier.john@epa.gov.
BILLING CODE 6560–50–P
14:13 Apr 12, 2006
09/01/99
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 06–3490 Filed 4–12–06; 8:45 am]
VerDate Aug<31>2005
*
EPA approval
date
Sfmt 4700
*
Federal Register
notice
*
[Insert first page of
publication]
*
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
is therefore 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)). Because the agency has made
a ‘‘good cause’’ finding that this action
is not subject to notice-and-comment
requirements under the Administrative
Procedures Act or any other statute as
indicated in the SUPPLEMENTARY
INFORMATION section above, it is not
subject to the regulatory flexibility
provisions of the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.), or to sections
202 and 205 of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Pub. L.
104–4). In addition, this action does not
significantly or uniquely affect small
governments or impose a significant
intergovernmental mandate, as
described in sections 203 and 204 of
UMRA. This rule also does 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
E:\FR\FM\13APR1.SGM
13APR1
]]>Agencies
[Federal Register Volume 71, Number 71 (Thursday, April 13, 2006)]
[Rules and Regulations]
[Pages 19124-19126]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-3490]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2005-TN-0008-200534(a); FRL-8157-8]
Approval and Promulgation of Implementation Plans; Tennessee:
Revisions to Volatile Organic Compound Definition
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving revisions to the Tennessee State
Implementation Plan (SIP), submitted by the Tennessee Department of
Environment and Conservation (TDEC) on September 7, 1998. This revision
adds 16 compounds to the list of compounds excluded from the definition
of ``Volatile Organic Compound'' (VOC).
DATES: This direct final rule is effective June 12, 2006 without
further notice, unless EPA receives adverse comment by May 15, 2006. If
adverse comment is received, EPA will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2005-TN-0008, by one of the following methods:
1. https://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: hou.james@epa.gov.
3. Fax: (404) 562-9019.
4. Mail: ``EPA-R04-OAR-2005-TN-0008,'' Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960.
5. Hand Delivery or Courier: James Hou, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division 12th floor, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are
only accepted during the Regional Office's normal hours of operation.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30, excluding Federal holidays.
Instructions: Direct your comments to Docket ID No. ``EPA-R04-OAR-
2005-TN-0008.'' EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit through http:/
/www.regulations.gov or e-mail, information that you consider to be CBI
or otherwise protected. The https://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at https://www.epa.gov/
epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in https://
www.regulations.gov or in hard copy at the Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if at all
possible, you contact the person listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 to 4:30
excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: James Hou, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404)
562-8965. Mr. Hou can also be reached via electronic mail at
hou.james@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Analysis of State's Submittal
On September 7, 1998, the TDEC submitted a revision to the
Tennessee SIP. In response to EPA's revision to its definition of VOC,
published on August 25, 1997, in the Federal Register (62 FR 4490), the
State of Tennessee has changed Chapter 1200-3-18 Tennessee Code
Annotated, by adding 16 compounds to the list of compounds excluded
from the definition of VOC, on the basis that these compounds have
negligible contribution to tropospheric ozone formation. The 16
compounds added to the list of negligibly reactive compounds are shown
below in Table 1. Additionally, the State of Tennessee has added methyl
acetate and perflurocarbon compounds to the list of compounds excluded
from the definition of VOC in accordance with EPA's VOC definition, as
published on April 9, 1998, in the Federal Register (63 FR 17331).
Methyl acetate and perflurocarbon compounds excluded from the
definition of VOC are those that fall into the following categories:
[[Page 19125]]
(i) Cyclic, branched, or linear; completely fluorinated alkanes;
(ii) Cyclic, branched or linear completely fluorinated ethers with
no unsaturations;
(iii) Cyclic, branched, or linear completely fluorinated tertiary
amines with no unsaturations; and
(iv) Sulfur containing perflouocarbons with no unsaturations and
with sulfur bonds only to carbon and fluorine.
Compounds Added to the List of Negligibly Reactive Compounds
------------------------------------------------------------------------
Compound Chemical name
------------------------------------------------------------------------
HFC-32............................... Difluoromethane.
HFC-161.............................. Ethylfluoride.
HFC-236fa............................ 1,1,1,3,3,3-hexafluoropropane.
HFC-245ca............................ 1,1,2,2,3-pentafluoropropane.
HFC-245ea............................ 1,1,2,3,3-pentafluoropropane.
HFC-245eb............................ 1,1,1,2,3-pentafluoropropane.
HFC-245fa............................ 1,1,1,3,3-pentafluoropropane.
HFC-236ea............................ 1,1,1,2,3,3-hexafluoropropane.
HFC-365mfc........................... 1,1,1,3,3-pentafluorobutane.
HCFC-31.............................. Chlorofluoromethane.
HCFC-123a............................ 1,2-dichloro-1,1,2-
trifluoroethane.
HCFC-151a............................ 1-chloro-1-fluoroethane.
C4F9OCH3............................. 1,1,1,2,2,3,3,4,4-nonafluoro-4-
methoxybutane.
(CF3)2CFCF2OCH3...................... 2-(difluoromethoxymethyl)-
1,1,1,2,3,3,3-
heptafluoropropane.
C4F9OC2H5............................ 1-ethoxy-1,1,2,2,3,3,4,4,4-
nonafluorobutane.
(CF3)CFCF2OC2H5...................... 2-(ethoxydifluoromethyl)-
1,1,1,2,3,3,3-
heptafluoropropane.
------------------------------------------------------------------------
II. Final Action
EPA is approving the aforementioned changes to the State of
Tennessee SIP, because they are consistent with EPA policy and the
Clean Air Act (CAA). EPA is publishing this rule without prior proposal
because the Agency views this as a noncontroversial submittal and
anticipates no adverse comments. However, in the proposed rules section
of this Federal Register publication, EPA is publishing a separate
document that will serve as the proposal to approve the SIP revision
should adverse comments be filed. This rule will be effective June 12,
2006 without further notice unless the Agency receives adverse comments
by May 15, 2006.
If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on June 12, 2006 and no
further action will be taken on the proposed rule. Please note that if
we receive adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, we may adopt as final those provisions of the rule that are
not the subject of an adverse comment.
III. Statutory and Executive Order Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have federalism
implications because it does not have substantial direct effects on the
states, on the relationship between the National Government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the CAA.
This rule also is not subject to Executive Order 13045 ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small
[[Page 19126]]
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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 12, 2006. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: March 31, 2006.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
0
40 CFR part 52, is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart (RR)--(Tennessee)
0
2. Section 52.2220(c) is amended by revising the entry for ``Section
1200-3-18-.01'' to read as follows:
Sec. 52.220(c). Identification of plan.
* * * * *
(c) * * *
EPA-Approved (Tennessee) Regulations
----------------------------------------------------------------------------------------------------------------
EPA approval
State citation Title/subject Adoption date date Federal Register notice
----------------------------------------------------------------------------------------------------------------
* * * * * * *
1200-3-18-.01.................. Definitions...... 09/01/99 04/13/06 [Insert first page of
publication]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 06-3490 Filed 4-12-06; 8:45 am]
BILLING CODE 6560-50-P
