Approval and Promulgation of Implementation Plans; Tennessee; Revisions to the Knox County Portion of the Tennessee State Implementation Plan, 13499-13501 [2013-04412]
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13499
Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Rules and Regulations
EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP—Continued
Code of Maryland
administrative
regulations (COMAR)
citation
State
effective
date
Title/subject
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26.11.02
26.11.02.01 ...............
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26.11.06.14 ...............
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2012–0887; FRL– 9785–5]
Approval and Promulgation of
Implementation Plans; Tennessee;
Revisions to the Knox County Portion
of the Tennessee State Implementation
Plan
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve revisions to the Knox
County portion of the Tennessee State
Implementation Plan (SIP), submitted
by the State of Tennessee, through the
Tennessee Department of Environment
and Conservation (TDEC) on August 19,
2009, August 22, 2012, and October 12,
2012. The SIP submittals include
changes to Knox County Air Quality
Management Regulations concerning
open burning, permits and regulation of
volatile organic compounds (VOCs).
TDEC considers Knox County’s SIP
revisions to be as or more stringent than
the Tennessee SIP requirements. EPA is
approving the Knox County SIP
revisions because the State has
demonstrated that they are consistent
with the Clean Air Act (CAA or Act).
DATES: This direct final rule is effective
April 29, 2013 without further notice,
unless EPA receives adverse comment
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SUMMARY:
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Revised .01B(44) and .01C(1).
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General Emissions Standards, Prohibitions, and Standards
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3/5/12
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[FR Doc. 2013–04145 Filed 2–27–13; 8:45 am]
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2/28/13 [Insert page number
where the document begins].
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Control of PSD Sources .............
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3/5/12
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26.11.06
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Permits, Approvals, and Registration
Definitions ...................................
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Additional explanation/citation at
40 CFR 52.1100
EPA approval date
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2/28/13 .......................................
[Insert page number where the
document begins].
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by April 1, 2013. 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–2012–0887, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: R4-RDS@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: ‘‘EPA–R04–OAR–2012–
0887,’’ 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: Lynorae
Benjamin, Chief, Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding federal
holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R04–OAR–2012–
0887. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
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Revised .14B(1).
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claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through
www.regulations.gov or email,
information that you consider to be CBI
or otherwise protected. The
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 email comment directly
to EPA without going through
www.regulations.gov, your email
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
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
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Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Rules and Regulations
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in 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 federal holidays.
FOR FURTHER INFORMATION CONTACT:
Sean Lakeman, 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) 562–9043.
Mr. Lakeman can be reached via
electronic mail at
lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Analysis of Knox County’s Submittals
II. Final Action
III. Statutory and Executive Order Reviews
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I. Analysis of Knox County’s Submittals
On August 19, 2009, August 12, 2012
and October 12, 2012, TDEC submitted
SIP revisions to EPA for approval into
the Knox County portion of the
Tennessee SIP. Specifically, the August
19, 2009, SIP revision includes changes
to regulations, section 16.0—Open
Burning (subsection 16.3.C), Section
25.0—Permits (subsection 25.10.B.11)
and Section 46.0—Regulation of Volatile
Organic Compounds. The August 22,
2012, and October 12, 2012, SIP
revisions both amend Section 25.0
(subsection 25.1). The Knox County SIP
revisions, summarized below, are as or
more stringent than the Tennessee SIP
and are approvable pursuant to section
110 of the CAA. EPA is taking action to
approve these SIP revisions.
A. August 19, 2009, Submittal
This SIP revision makes the following
changes to Knox County Regulations:
Section 16 Open Burning, Section 25
Permits and Section 46 Regulation of
Volatile Organic Compounds.
Specifically, the submission requests
that:
(1) Section 16.3.—Exceptions to
Prohibition—Without Permit—remove
from the SIP paragraph 16.3.C allowing
law enforcement agencies to open burn
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contraband. EPA is not taking action on
this request to remove Section 16.3.C
from the SIP because it was never
approved into the Knox County portion
of the Tennessee SIP, therefore no
action is required;
(2) Section 25.10—Permit by Rule
adds Section 25.10.B.11 ‘‘Ethanol
distribution operations’’ so that ethanol
distribution operations are deemed to
have a ‘‘Permit by Rule’’ if certain
conditions are met. The intent of the
‘‘Permit by Rule’’’ provision is to
provide a simple compliance technique
to limit a facility’s potential emissions
below the ‘‘major source’’ threshold,
with respect to title V of the CAA. The
ethanol distribution operations ‘‘Permit
by Rule’’ provision operates by limiting
annual throughput and utilizing the
Stage I vapor recovery system to ensure
that a source will not exceed the major
source thresholds; and
(3) Section 46.2—Regulation of
Volatile Organic Compounds—replaces
at paragraph 46. the existing definition
of VOCs with the federal definition of
VOCs, by incorporating by reference 40
CFR part 51 subpart F definition of
VOCs. This will ensure that the local
and federal definitions of VOCs are
consistent.
B. August 22, 2012, Submittal
This revision changes Knox County
Regulation, section 25.0 by adding a
new subsection 25.1.D that states
‘‘Additional and/or more restrictive
construction permit conditions may be
established using the same procedures
and criteria specified in Section 25.3.I.’’
This provision allows for a more
restrictive construction permit to be
issued provided it adheres to the
procedures in Knox County Regulation,
section 25.3.I.
C. October 12, 2012, Submittal
This SIP revision changes Knox
County Regulation, section 25.0 by
adding a new subsection 25.1.E to
specify that public notice and a 30-day
comment period will be provided for
Knox County construction permits for
minor sources.
II. Final Action
EPA is approving the aforementioned
changes to Knox County portion of the
Tennessee SIP, because they are
consistent with EPA policy and the
CAA. EPA is publishing this rule
without prior proposal because the
Agency views this as a noncontroversial
submittal and anticipates no adverse
comments. However, in the proposed
rules section of this Federal Register
publication, EPA is publishing a
separate document that will serve as the
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proposal to approve the SIP revision
should adverse comments be filed. This
rule will be effective April 29, 2013
without further notice unless the
Agency receives adverse comments by
April 1, 2013.
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 April 29, 2013
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
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• 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);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
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• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian
country, and EPA notes that it will not
impose substantial direct costs on tribal
governments or preempt tribal law.
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 action 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 April 29, 2013. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action 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. Parties with
objections to this direct final rule are
encouraged to file any comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. 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, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: February 12, 2013.
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(c) is amended by
revising entries in Table 3 for ‘‘Sections
25.0 and 46.0’’ to read as follows:
■
§ 52.2220
*
Identification of plan.
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(c) * * *
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TABLE 3—EPA APPROVED KNOX COUNTY, REGULATIONS
State effective
date
State section
Title/Subject
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Section 25.0 ...............................
*
Permits .......................................
*
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*
Section 46.0 ...............................
*
Regulation of Volatile Organic
Compounds.
*
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*
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[FR Doc. 2013–04412 Filed 2–27–13; 8:45 am]
EPA Approval date
*
*
2/28/13 [Insert first page of publication].
*
10/10/2012
*
*
2/28/13 [Insert first page of publication].
*
8/12/2009
*
ENVIRONMENTAL PROTECTION
AGENCY
BILLING CODE 6560–50–P
40 CFR Parts 152, 158 and 161
[EPA–HQ–OPP–2010–0427; FRL–9372–7]
srobinson on DSK4SPTVN1PROD with RULES
RIN 2070–AJ26
Declaration of Prion as a Pest Under
FIFRA; Related Amendments; and
Availability of Final Test Guidelines
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
With this final rule EPA
declares a prion (i.e., proteinaceous
SUMMARY:
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infectious particle) to be a ‘‘pest’’ under
the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) and amends
the regulations to expressly include
prion within the regulatory definition of
pest. This final rule also amends
existing pesticide product performance
data requirements to clarify that efficacy
data are required for pesticide products
with prion-related claims. In addition,
EPA is announcing the availability of
final test guidelines on generating the
product performance data for prionrelated pesticide products.
This final rule is effective April
29, 2013.
DATES:
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]]>Agencies
[Federal Register Volume 78, Number 40 (Thursday, February 28, 2013)]
[Rules and Regulations]
[Pages 13499-13501]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04412]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2012-0887; FRL- 9785-5]
Approval and Promulgation of Implementation Plans; Tennessee;
Revisions to the Knox County Portion of the Tennessee State
Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve revisions to the
Knox County portion of the Tennessee State Implementation Plan (SIP),
submitted by the State of Tennessee, through the Tennessee Department
of Environment and Conservation (TDEC) on August 19, 2009, August 22,
2012, and October 12, 2012. The SIP submittals include changes to Knox
County Air Quality Management Regulations concerning open burning,
permits and regulation of volatile organic compounds (VOCs). TDEC
considers Knox County's SIP revisions to be as or more stringent than
the Tennessee SIP requirements. EPA is approving the Knox County SIP
revisions because the State has demonstrated that they are consistent
with the Clean Air Act (CAA or Act).
DATES: This direct final rule is effective April 29, 2013 without
further notice, unless EPA receives adverse comment by April 1, 2013.
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-2012-0887, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: R4-RDS@epa.gov.
3. Fax: (404) 562-9019.
4. Mail: ``EPA-R04-OAR-2012-0887,'' 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: Lynorae Benjamin, Chief, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW., Atlanta, Georgia 30303-8960. Such deliveries are
only accepted during the Regional Office's normal hours of operation.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30, excluding federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2012-0887. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
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 www.regulations.gov or
email, information that you consider to be CBI or otherwise protected.
The 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 email
comment directly to EPA without going through www.regulations.gov, your
email 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
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
[[Page 13500]]
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in 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
federal holidays.
FOR FURTHER INFORMATION CONTACT: Sean Lakeman, 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)
562-9043. Mr. Lakeman can be reached via electronic mail at
lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Analysis of Knox County's Submittals
II. Final Action
III. Statutory and Executive Order Reviews
I. Analysis of Knox County's Submittals
On August 19, 2009, August 12, 2012 and October 12, 2012, TDEC
submitted SIP revisions to EPA for approval into the Knox County
portion of the Tennessee SIP. Specifically, the August 19, 2009, SIP
revision includes changes to regulations, section 16.0--Open Burning
(subsection 16.3.C), Section 25.0--Permits (subsection 25.10.B.11) and
Section 46.0--Regulation of Volatile Organic Compounds. The August 22,
2012, and October 12, 2012, SIP revisions both amend Section 25.0
(subsection 25.1). The Knox County SIP revisions, summarized below, are
as or more stringent than the Tennessee SIP and are approvable pursuant
to section 110 of the CAA. EPA is taking action to approve these SIP
revisions.
A. August 19, 2009, Submittal
This SIP revision makes the following changes to Knox County
Regulations:
Section 16 Open Burning, Section 25 Permits and Section 46
Regulation of Volatile Organic Compounds. Specifically, the submission
requests that:
(1) Section 16.3.--Exceptions to Prohibition--Without Permit--
remove from the SIP paragraph 16.3.C allowing law enforcement agencies
to open burn contraband. EPA is not taking action on this request to
remove Section 16.3.C from the SIP because it was never approved into
the Knox County portion of the Tennessee SIP, therefore no action is
required;
(2) Section 25.10--Permit by Rule adds Section 25.10.B.11 ``Ethanol
distribution operations'' so that ethanol distribution operations are
deemed to have a ``Permit by Rule'' if certain conditions are met. The
intent of the ``Permit by Rule''' provision is to provide a simple
compliance technique to limit a facility's potential emissions below
the ``major source'' threshold, with respect to title V of the CAA. The
ethanol distribution operations ``Permit by Rule'' provision operates
by limiting annual throughput and utilizing the Stage I vapor recovery
system to ensure that a source will not exceed the major source
thresholds; and
(3) Section 46.2--Regulation of Volatile Organic Compounds--
replaces at paragraph 46. the existing definition of VOCs with the
federal definition of VOCs, by incorporating by reference 40 CFR part
51 subpart F definition of VOCs. This will ensure that the local and
federal definitions of VOCs are consistent.
B. August 22, 2012, Submittal
This revision changes Knox County Regulation, section 25.0 by
adding a new subsection 25.1.D that states ``Additional and/or more
restrictive construction permit conditions may be established using the
same procedures and criteria specified in Section 25.3.I.'' This
provision allows for a more restrictive construction permit to be
issued provided it adheres to the procedures in Knox County Regulation,
section 25.3.I.
C. October 12, 2012, Submittal
This SIP revision changes Knox County Regulation, section 25.0 by
adding a new subsection 25.1.E to specify that public notice and a 30-
day comment period will be provided for Knox County construction
permits for minor sources.
II. Final Action
EPA is approving the aforementioned changes to Knox County portion
of the Tennessee SIP, because they are consistent with EPA policy and
the CAA. EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This rule will be effective April 29, 2013
without further notice unless the Agency receives adverse comments by
April 1, 2013.
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 April 29, 2013 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 Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
[[Page 13501]]
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country, and EPA notes that it
will not impose substantial direct costs on tribal governments or
preempt tribal law.
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 action 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 April 29, 2013. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action 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. Parties with objections to this direct final rule are
encouraged to file any comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. 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, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: February 12, 2013.
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(c) is amended by revising entries in Table 3 for
``Sections 25.0 and 46.0'' to read as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(c) * * *
Table 3--EPA Approved Knox County, Regulations
----------------------------------------------------------------------------------------------------------------
State EPA Approval
State section Title/Subject effective date date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 25.0.................. Permits.......... 10/10/2012 2/28/13 [Insert ...........................
first page of
publication].
* * * * * * *
Section 46.0.................. Regulation of 8/12/2009 2/28/13 [Insert ...........................
Volatile Organic first page of
Compounds. publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2013-04412 Filed 2-27-13; 8:45 am]
BILLING CODE 6560-50-P
