Federal Register / Vol. 75, No. 76 / Wednesday, April 21, 2010 / Rules and Regulations 20783 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2010–0150–201009(a); 

FRL–9138–9] 

Approval and Promulgation of 

Implementation Plans: Tennessee; 

Visibility Impairment Prevention for 

Federal Class I Areas; Removal of 

Federally Promulgated Provisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to rescind the Federally 

promulgated provisions regarding 

visibility in 40 CFR 52.2234 of the 

Tennessee State Implementation Plan 

(SIP). EPA approved Tennessee’s 

visibility rules addressing new source 

review (NSR) on July 18, 1996, and a 

plan addressing monitoring and 

reporting of visibility on July 2, 1997. 

EPA’s approval of these rules neglected 

to remove the previous Federally 

promulgated provisions from the 

Federal Implementation Plan (FIP) 

contained in 40 CFR 52.2234. EPA is 

correcting this omission in this 

rulemaking. This action is being taken 

pursuant to section 110 of the Clean Air 

Act (CAA). 

DATES: This rule is effective on June 21, 

2010 without further notice, unless EPA 

receives relevant adverse comment by 

May 21, 2010. If EPA receives such 

comment, EPA will publish a timely 

withdrawal in the Federal Register 

informing the public that this rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2010–0150, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2010–0150,’’ 

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–2010– 

0150.’’ EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

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 http:// 

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 http:// 

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 http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

http://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 http:// 

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: 

Nacosta C. Ward, 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. Ms. Ward 

may be reached by phone at (404) 562– 

9140 or by electronic mail address 

ward.nacosta@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background for Today’s Action 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Background for Today’s Action 

On February 9, 1993, and December 

19, 1994, the State of Tennessee 

submitted provisions constituting its 

plan to address visibility impairment in 

Federal Class I areas. EPA approved 

these submittals on July 2, 1997 (62 FR 

35681). On January 17, 1995, the State 

of Tennessee also submitted rules for 

addressing visibility in its NSR program. 

EPA fully approved this submittal on 

July 18, 1996 (61 FR 35387). 

The aforementioned submittals 

provide the necessary revisions to 

Tennessee’s plan for visibility 

impairment prevention for Class I areas, 

and satisfied EPA’s requirements as set 

forth in 40 CFR 51.300 through 51.304 

and 51.306. These visibility provisions 

were submitted to EPA in order to 

satisfy the second part of the Settlement 

Agreement with the Environmental 

Defense Fund, et al., Environmental 

Defense Fund v. Thomas, number 

C826850 RPA, and are described at 49 

FR 20647 on May 16, 1984. The 

schedule for submittal and 

promulgation of these visibility 

provisions was renegotiated and 

subsequently extended by a court order 

on September 9, 1986. 

The second part of the Settlement 

Agreement required EPA to propose and 

promulgate Federal Visibility SIPs, 

addressing the general visibility plan 

provisions including implementation 

control strategies (40 CFR 51.302), 

integral vista protection (40 CFR 51.302 

through 51.307), and long-term 

strategies (40 CFR 51.306) for those 

States whose SIPs EPA had determined 

to be inadequate with respect to the 

above provisions (see January 23, 1986, 


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notice of deficiency (51 FR 3046) and 

March 12, 1987, notice proposing FIPs 

for deficient State SIPs (52 FR 7803)). 

However, as provided in the 

renegotiated Settlement Agreement, a 

State could avoid the promulgation of 

said provisions if they submitted a 

visibility SIP by August 31, 1987. The 

State of Tennessee did not submit a plan 

by August 31, 1987, and as a result EPA 

promulgated Part 2 provisions for 

Tennessee in a FIP to satisfy the 

Settlement Agreement on November 24, 

1987. 

Subsequently, the State of Tennessee 

provided SIP revisions on February 9, 

1993, December 19, 1994, and January 

17, 1995, with the intent to replace the 

EPA-promulgated provisions (or FIP) 

that was put in place. The EPA actions 

on July 18, 1996 and July 2, 1997, fully 

approved these Tennessee SIP revisions 

but inadvertently did not remove the 

Federally-promulgated provisions in 40 

CFR 52.2234. Today’s action corrects 

that oversight. 

II. Final Action 

EPA is taking direct final action to 

correct an omission related to the 

visibility requirements for Tennessee. 

Specifically, EPA is removing the 

previous Federally promulgated 

provisions in 40 CFR 52.2234 for 

visibility for Tennessee because the 

State later submitted, and EPA 

approved, revisions covering visibility 

requirements for Tennessee. EPA is 

approving the aforementioned changes 

to the Tennessee SIP because they are 

consistent with the CAA and Agency 

requirements. 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 21, 2010 

without further notice unless the 

Agency receives adverse comments by 

May 21, 2010. 

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 21, 2010 

and no further action will be taken on 

the proposed rule. 

III. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, 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 Clean Air Act. 

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 Clean Air Act; 

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 

located in the State, 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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by June 21, 2010. 

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 a 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, Intergovernmental 

relations, Incorporation by reference, 

Particulate matter, Reporting and 

recordkeeping requirements, Volatile 

organic compounds, Sulfur dioxide. 

Dated: April 1, 2010. 

Beverly H. Banister, 

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: 


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Federal Register / Vol. 75, No. 76 / Wednesday, April 21, 2010 / Rules and Regulations 20785 

Authority: 42 U.S.C. 7401 et seq. 

Subpart RR—Tennessee 

§ 52.2234 [Removed and Reserved] 

■ 2. Section 52.2234 is removed and 

reserved. 

[FR Doc. 2010–8935 Filed 4–20–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2008–0888; FRL–8436–3] 

Polyglyceryl Phthalate Ester of 

Coconut Oil Fatty Acids; Exemption 

from the Requirement of a Tolerance; 

Technical Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical correction. 

SUMMARY: EPA issued a final rule in the 

Federal Register of July 8, 2009, 

concerning polyglyceryl phthalate ester 

of coconut oil fatty acids; exemption 

from the requirement of a tolerance. 

This document is being issued to correct 

the inert ingredient name and CAS 

numbers. 

DATES: This final rule is effective April 

21, 2010. 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2008–0888. All documents in the 

docket are listed in the docket index 

available in http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: 

Kerry Leifer , Registration Division 

(7205P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington 

DC 20460–0001; telephone number: 

(703) 308–8811; e-mail address: 

leifer,kerry@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

The Agency included in the final rule 

a list of those who may be potentially 

affected by this action. If you have 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under the FOR FURTHER

INFORMATION CONTACT. 

B. How Can I Access Electronic Copies 

of this Document and Other Related 

Information? 

In addition to accessing electronically 

available documents at http:// 

www.regulations.gov, you may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr. 

II. What Does this Correction Do? 

In the Federal Register of July 8, 

2009, (74 FR 32456), EPA’s Office of 

Pesticide Programs issued an exemption 

from the requirement of a tolerance for 

‘‘polyglyceryl phthalate ester of coconut 

oil fatty acids’’ pursuant to a petition by 

the Joint Inserts Task Force, Cluster 

Support Team 23. The petition 

requested that an exemption from the 

requirement of a tolerance for residues 

of polyglyceryl phthalate ester of 

coconut oil fatty acids, including fatty 

acid coco polymers with glyceryl and 

phthalic anhydride (CAS No. 67746–02– 

5) and coconut oil polymer with 

glyceryl and phthalic anhydride (CAS 

No. 66070–87–9). This technical 

correction corrects the name of the inert 

ingredient and the CAS numbers. 

III. Why is this Correction Issued as a 

Final Rule? 

Section 553 of the Administrative 

Procedure Act (APA), 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 final 

rule without providing notice and an 

opportunity for public comment. EPA 

has determined that there is good cause 

for making today’s technical correction 

final without prior proposal and 

opportunity for comment, because EPA 

is merely correcting language that was 

inadvertently mistyped in the 

previously published final rule. The 

correct inert ingredient names and CAS 

Numbers were present in the 

Supplementary Information Section of 

the July 8, 2009 final rule but were 

mistyped in the tolerance exemption 

table. EPA finds that this constitutes 

good cause under 5 U.S.C. 553(b)(B). 

IV. Do Any of the Statutory and 

Executive Order Reviews Apply to this 

Action? 

The statutory and Executive order 

reviews were included in the July 8, 

2009 final rule. 

V. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

Agency promulgating the rule must 

submit a rule report 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 this final rule in the 

Federal Register. This final rule is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: April 9, 2010. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

■ Therefore, 40 CFR part 180 corrected 

as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a, and 371. 

■ 2. In the table to § 180.910, the entry 

for ‘‘Polyglyceryl phthalate ester of 

coconut oil fatty acids (CAS Reg. Nos. 

67746–6070–9)’’ is revised to read as 

follows: 

§ 180.910 Inert ingredients used pre– and 

post–harvest; exemptions from the 

requirement of a tolerance. 

* * * * * 


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