Approval and Promulgation of Implementation Plans Tennessee: Revisions to Volatile Organic Compound Definition, 29032-29034 [2013-11681]
Download as PDF
29032
*
*
Federal Register / Vol. 78, No. 96 / Friday, May 17, 2013 / Rules and Regulations
*
*
*
[FR Doc. 2013–11677 Filed 5–16–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2012–0888; FRL–9814–3]
Approval and Promulgation of
Implementation Plans Tennessee:
Revisions to Volatile Organic
Compound Definition
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is taking final action to
approve changes to the Tennessee State
Implementation Plan (SIP), submitted
by the State of Tennessee, through the
Tennessee Department of Environment
and Conservation (TDEC) on September
3, 1999. Tennessee’s September 3, 1999,
SIP adds 17 compounds to the list of
compounds excluded from the
definition of ‘‘Volatile Organic
Compound’’ (VOC). EPA is approving
this SIP revision because the State has
demonstrated that it is consistent with
the Clean Air Act (CAA or Act).
DATES: This rule is effective June 17,
2013.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2012–0888. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information 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
SUMMARY:
available either electronically through
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 the State’s Submittal
II. Response to Comments
III. Final Action
III. Statutory and Executive Order Reviews
I. Analysis of the State’s Submittal
Tennessee’s September 3, 1999, SIP
submission changes rule 1200–3–9-.01
by adding a total of 17 compounds to
the list of compounds excluded from the
definition of VOC to be consistent with
EPA’s definition of VOC at 40 CFR
51.100(s). The SIP submittal is in
response to EPA’s revision to the
definition of VOC, (at 40 CFR 51.100(s))
published in the Federal Register on
August 25, 1997 (62 FR 44900) and
April 9, 1998 (63 FR 17331) adding the
16 compounds listed below in Table—
1 and the compound methyl acetate,
respectively. These compounds were
added to the exclusion list for VOC on
the basis that they have a negligible
effect on tropospheric ozone formation.
The compounds were added by EPA
through a rulemaking action which
provided for public notice and
comment. Today’s action approves a SIP
revision to update the Tennessee SIP to
be consistent with federal law.
Tropospheric ozone, commonly
known as smog, occurs when VOC and
nitrogen oxide (NOX) react in the
atmosphere. Because of the harmful
health effects of ozone, EPA limits the
amount of VOC and NOX that can be
released into the atmosphere. VOC are
those compounds of carbon (excluding
carbon monoxide, carbon dioxide,
carbonic acid, metallic carbides, or
carbonates, and ammonium carbonate)
which form ozone through atmospheric
photochemical reactions. Compounds of
carbon (or organic compounds) have
different levels of reactivity; they do not
react at the same speed, or do not form
ozone to the same extent. It has been
EPA’s policy that compounds of carbon
with a negligible level of reactivity need
not be regulated to reduce ozone (42 FR
35314, July 8, 1977). EPA determines
whether a given carbon compound has
‘‘negligible’’ reactivity by comparing the
compound’s reactivity to the reactivity
of ethane. EPA lists these compounds in
its regulations at 40 CFR 51.100(s), and
excludes them from the definition of
VOC. The chemicals on this list are
often called ‘‘negligibly reactive.’’ EPA
may periodically revise the list of
negligibly reactive compounds to add
compounds to or delete them from the
list.
TDEC’s September 3, 1999, SIP
revision changes rule 1200–3–9–.01 to
add a total of 17 compounds to the list
of compounds excluded from the
definition of VOC in accordance with
the federal list of compounds designated
as having negligible photochemical
reactivity at 40 CFR 51.100(s).
TABLE 1–16—COMPOUNDS ADDED TO THE LIST OF NEGLIGIBLY REACTIVE COMPOUNDS
wreier-aviles on DSK5TPTVN1PROD with RULES
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 ................................................................................................................
VerDate Mar<15>2010
15:13 May 16, 2013
Jkt 229001
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
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.
E:\FR\FM\17MYR1.SGM
17MYR1
Federal Register / Vol. 78, No. 96 / Friday, May 17, 2013 / Rules and Regulations
29033
TABLE 1–16—COMPOUNDS ADDED TO THE LIST OF NEGLIGIBLY REACTIVE COMPOUNDS—Continued
Compound
Chemical name
wreier-aviles on DSK5TPTVN1PROD with RULES
(CF3)CFCF2OC2H5 ....................................................................................................
II. Response to Comments
On February 19, 2013 (78 FR 11583),
EPA published a direct final action and
parallel proposed action to approve
Tennessee’s September 3, 1999, SIP
submission to change rule 1200–3–9–.01
to add a total of 17 compounds to the
list of compounds excluded from the
definition of VOC to be consistent with
EPA’s definition of VOC at 40 CFR
51.100(s). EPA published a parallel
proposal action in the event that adverse
comments were received such that the
direct final rule would need to be
withdrawn. Specifically, in the direct
final rule, EPA stated that if adverse
comments were received by March 21,
2013, the direct final rule would be
withdrawn and not take effect. EPA
further stated that the corresponding
proposed rule would remain in effect
and that any adverse comment
comments received would be responded
to in a final rule provided EPA was able
to address such comments.1 On March
21, 2013, EPA received a comment. EPA
interprets this comment as adverse
although notably, it is arguably not a
significant adverse comment requiring a
response. EPA nonetheless withdrew
the direct final rule. A summary of the
comment received and EPA’s response
is provided below.
Comment: The Commenter stated
‘‘[w]e are against and want disapproved
the desired changes.’’
Response: The Commenter provided a
one-sentence statement with no
rationale or basis as to why EPA should
not approve Tennessee’s September 3,
1999, SIP revision, except to state that
the Commenter (and all who the
Commenter purports to represent) are
against it. In response to the comment
which EPA interpreted as adverse, EPA
withdrew the direct final rule. As
mentioned in EPA’s direct final
rulemaking and again in today’s final
rule, Tennessee’s September 3, 1999,
SIP revision was in direct response to
EPA’s changes to the federal definition
of VOC, and the purpose of the revision
is to ensure that the Tennessee SIP is
consistent with federal regulations. The
Commenter raises no basis on which
EPA could take any action other than a
full approval of Tennessee’s SIP
submittal. Thus, EPA is now taking final
1 EPA also noted that an additional public
comment period would not be instituted for the
action.
VerDate Mar<15>2010
15:13 May 16, 2013
Jkt 229001
2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane.
action to approve Tennessee’s
September 3, 1999, SIP revision.
III. Final Action
EPA is approving the aforementioned
changes to the State of Tennessee SIP,
because they are consistent with EPA’s
definition of VOC and the CAA.
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);
• 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
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
• 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 July 16, 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).
E:\FR\FM\17MYR1.SGM
17MYR1
29034
Federal Register / Vol. 78, No. 96 / Friday, May 17, 2013 / Rules and Regulations
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: May 7, 2013.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
Subpart RR—Tennessee
2. In § 52.2220, table 1 in paragraph
(c) is amended by revising the entry in
Table 1 for ‘‘Section 1200–3–9.01’’ to
read as follows:
■
40 CFR part 52, is amended as
follows:
PART 52—[AMENDED]
§ 52.2220
1. The authority citation for part 52
continues to read as follows:
■
*
Authority: 42 U.S.C. 7401 et seq.
Identification of plan.
*
*
(c) * * *
*
*
TABLE 1—EPA APPROVED TENNESSEE REGULATIONS
State citation
State effective
date
Title/subject
*
*
EPA approval date
*
Explanation
*
*
*
*
CHAPTER 1200–3–9 CONSTRUCTION AND OPERATING PERMITS
1200–3–9–.01 ...
Definitions .........
*
*
*
6/27/2011
*
*
*
5/17/2013 [Insert first page
of publication].
*
On 5/17/2013 EPA revised this section to add 17 compounds to the list of compounds excluded from the definition of VOC that was state effective on 9/3/1999.
EPA is approving Tennessee’s July 29, 2011, SIP revisions to Chapter 1200–3–9–.01 with the exception of
the term ‘‘particulate matter emissions’’ at 1200–03–
09–.01(4)(b)47(vi) as part of the definition for ‘‘regulated NSR pollutant’’ regarding the inclusion of condensable emissions in applicability determinations and in
establishing emissions limitations.
EPA approved Tennessee’s May 28, 2009 SIP revisions
to Chapter 1200–3–9–.01 with the exception of the
‘‘baseline actual emissions’’ calculation revision found
at
1200–3–9–.01
(4)(b)45(i)(III),
(4)(b)45(ii)(IV),
(5)(b)1(xlvii)(I)(III) and (5)(b)1(xlvii)(II)(IV) of the submittal.
*
*
conditioning; foam blowing; solvent
cleaning; adhesives, coatings and inks;
and fire suppression sectors.
*
[FR Doc. 2013–11681 Filed 5–16–13; 8:45 am]
BILLING CODE 6560–50–P
This determination is effective
on May 17, 2013.
DATES:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 82
[EPA–HQ–OAR–2003–0118; FRL–9813–6]
RIN 2060–AG12
Protection of Stratospheric Ozone:
Determination 28 for Significant New
Alternatives Policy Program
Environmental Protection
Agency (EPA).
ACTION: Determination of Acceptability.
AGENCY:
This Determination of
Acceptability expands the list of
acceptable substitutes for ozonedepleting substances under the U.S.
Environmental Protection Agency’s
(EPA) Significant New Alternatives
Policy (SNAP) program. The
determinations concern new substitutes
for use in the refrigeration and air
wreier-aviles on DSK5TPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
15:13 May 16, 2013
Jkt 229001
EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2003–0118
(continuation of Air Docket A–91–42).
All electronic documents in the docket
are listed in the index at https://
www.regulations.gov. Although listed in
the index, some information is not
publicly available, i.e., Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Publicly available
docket materials are available either
electronically at https://
www.regulations.gov or in hard copy at
the EPA Air Docket (No. A–91–42),
EPA/DC, EPA West, Room 3334, 1301
Constitution Ave. NW., Washington,
DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
ADDRESSES:
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
*
*
and the telephone number for the Air
Docket is (202) 566–1742.
FOR FURTHER INFORMATION CONTACT:
Margaret Sheppard by telephone at
(202) 343–9163, by facsimile at (202)
343–2338, by email at
sheppard.margaret@epa.gov, or by mail
at U.S. Environmental Protection
Agency, Mail Code 6205J, 1200
Pennsylvania Avenue NW., Washington,
DC 20460. Overnight or courier
deliveries should be sent to the office
location at 1310 L Street NW., 10th
floor, Washington, DC 20005.
For more information on the Agency’s
process for administering the SNAP
program or criteria for evaluation of
substitutes, refer to the original SNAP
rulemaking published in the Federal
Register on March 18, 1994 (59 FR
13044). Notices and rulemakings under
the SNAP program, as well as other EPA
publications on protection of
stratospheric ozone, are available at
EPA’s Ozone Depletion World Wide
Web site at https://www.epa.gov/ozone/
including the SNAP portion at https://
www.epa.gov/ozone/snap/.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\17MYR1.SGM
17MYR1
Agencies
[Federal Register Volume 78, Number 96 (Friday, May 17, 2013)]
[Rules and Regulations]
[Pages 29032-29034]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11681]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2012-0888; FRL-9814-3]
Approval and Promulgation of Implementation Plans Tennessee:
Revisions to Volatile Organic Compound Definition
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking final action to approve changes to the Tennessee
State Implementation Plan (SIP), submitted by the State of Tennessee,
through the Tennessee Department of Environment and Conservation (TDEC)
on September 3, 1999. Tennessee's September 3, 1999, SIP adds 17
compounds to the list of compounds excluded from the definition of
``Volatile Organic Compound'' (VOC). EPA is approving this SIP revision
because the State has demonstrated that it is consistent with the Clean
Air Act (CAA or Act).
DATES: This rule is effective June 17, 2013.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2012-0888. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information 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 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 the State's Submittal
II. Response to Comments
III. Final Action
III. Statutory and Executive Order Reviews
I. Analysis of the State's Submittal
Tennessee's September 3, 1999, SIP submission changes rule 1200-3-
9-.01 by adding a total of 17 compounds to the list of compounds
excluded from the definition of VOC to be consistent with EPA's
definition of VOC at 40 CFR 51.100(s). The SIP submittal is in response
to EPA's revision to the definition of VOC, (at 40 CFR 51.100(s))
published in the Federal Register on August 25, 1997 (62 FR 44900) and
April 9, 1998 (63 FR 17331) adding the 16 compounds listed below in
Table--1 and the compound methyl acetate, respectively. These compounds
were added to the exclusion list for VOC on the basis that they have a
negligible effect on tropospheric ozone formation. The compounds were
added by EPA through a rulemaking action which provided for public
notice and comment. Today's action approves a SIP revision to update
the Tennessee SIP to be consistent with federal law.
Tropospheric ozone, commonly known as smog, occurs when VOC and
nitrogen oxide (NOX) react in the atmosphere. Because of the
harmful health effects of ozone, EPA limits the amount of VOC and
NOX that can be released into the atmosphere. VOC are those
compounds of carbon (excluding carbon monoxide, carbon dioxide,
carbonic acid, metallic carbides, or carbonates, and ammonium
carbonate) which form ozone through atmospheric photochemical
reactions. Compounds of carbon (or organic compounds) have different
levels of reactivity; they do not react at the same speed, or do not
form ozone to the same extent. It has been EPA's policy that compounds
of carbon with a negligible level of reactivity need not be regulated
to reduce ozone (42 FR 35314, July 8, 1977). EPA determines whether a
given carbon compound has ``negligible'' reactivity by comparing the
compound's reactivity to the reactivity of ethane. EPA lists these
compounds in its regulations at 40 CFR 51.100(s), and excludes them
from the definition of VOC. The chemicals on this list are often called
``negligibly reactive.'' EPA may periodically revise the list of
negligibly reactive compounds to add compounds to or delete them from
the list.
TDEC's September 3, 1999, SIP revision changes rule 1200-3-9-.01 to
add a total of 17 compounds to the list of compounds excluded from the
definition of VOC in accordance with the federal list of compounds
designated as having negligible photochemical reactivity at 40 CFR
51.100(s).
Table 1-16--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.
[[Page 29033]]
(CF3)CFCF2OC2H5.................. 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane.
----------------------------------------------------------------------------------------------------------------
II. Response to Comments
On February 19, 2013 (78 FR 11583), EPA published a direct final
action and parallel proposed action to approve Tennessee's September 3,
1999, SIP submission to change rule 1200-3-9-.01 to add a total of 17
compounds to the list of compounds excluded from the definition of VOC
to be consistent with EPA's definition of VOC at 40 CFR 51.100(s). EPA
published a parallel proposal action in the event that adverse comments
were received such that the direct final rule would need to be
withdrawn. Specifically, in the direct final rule, EPA stated that if
adverse comments were received by March 21, 2013, the direct final rule
would be withdrawn and not take effect. EPA further stated that the
corresponding proposed rule would remain in effect and that any adverse
comment comments received would be responded to in a final rule
provided EPA was able to address such comments.\1\ On March 21, 2013,
EPA received a comment. EPA interprets this comment as adverse although
notably, it is arguably not a significant adverse comment requiring a
response. EPA nonetheless withdrew the direct final rule. A summary of
the comment received and EPA's response is provided below.
---------------------------------------------------------------------------
\1\ EPA also noted that an additional public comment period
would not be instituted for the action.
---------------------------------------------------------------------------
Comment: The Commenter stated ``[w]e are against and want
disapproved the desired changes.''
Response: The Commenter provided a one-sentence statement with no
rationale or basis as to why EPA should not approve Tennessee's
September 3, 1999, SIP revision, except to state that the Commenter
(and all who the Commenter purports to represent) are against it. In
response to the comment which EPA interpreted as adverse, EPA withdrew
the direct final rule. As mentioned in EPA's direct final rulemaking
and again in today's final rule, Tennessee's September 3, 1999, SIP
revision was in direct response to EPA's changes to the federal
definition of VOC, and the purpose of the revision is to ensure that
the Tennessee SIP is consistent with federal regulations. The Commenter
raises no basis on which EPA could take any action other than a full
approval of Tennessee's SIP submittal. Thus, EPA is now taking final
action to approve Tennessee's September 3, 1999, SIP revision.
III. Final Action
EPA is approving the aforementioned changes to the State of
Tennessee SIP, because they are consistent with EPA's definition of VOC
and the CAA.
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);
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 July 16, 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).
[[Page 29034]]
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: May 7, 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. In Sec. 52.2220, table 1 in paragraph (c) is amended by revising
the entry in Table 1 for ``Section 1200-3-9.01'' to read as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(c) * * *
Table 1--EPA Approved Tennessee Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
CHAPTER 1200-3-9 CONSTRUCTION AND OPERATING PERMITS
----------------------------------------------------------------------------------------------------------------
1200-3-9-.01............ Definitions............. 6/27/2011 5/17/2013 [Insert On 5/17/2013 EPA
first page of revised this section
publication]. to add 17 compounds to
the list of compounds
excluded from the
definition of VOC that
was state effective on
9/3/1999.
EPA is approving
Tennessee's July 29,
2011, SIP revisions to
Chapter 1200-3-9-.01
with the exception of
the term ``particulate
matter emissions'' at
1200-03-09-.01(4)(b)47
(vi) as part of the
definition for
``regulated NSR
pollutant'' regarding
the inclusion of
condensable emissions
in applicability
determinations and in
establishing emissions
limitations.
EPA approved
Tennessee's May 28,
2009 SIP revisions to
Chapter 1200-3-9-.01
with the exception of
the ``baseline actual
emissions''
calculation revision
found at 1200-3-9-.01
(4)(b)45(i)(III),
(4)(b)45(ii)(IV),
(5)(b)1(xlvii)(I)(III)
and
(5)(b)1(xlvii)(II)(IV)
of the submittal.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2013-11681 Filed 5-16-13; 8:45 am]
BILLING CODE 6560-50-P