Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Rules and Regulations 13499 

EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP—Continued 

Code of Maryland 

administrative 

regulations (COMAR) 

citation 

Title/subject 

State 

effective 

date 

EPA approval date Additional explanation/citation at 

40 CFR 52.1100 

*******

26.11.02 Permits, Approvals, and Registration 

26.11.02.01 ............... Definitions ................................... 3/5/12 2/28/13 [Insert page number 

where the document begins].

Revised .01B(44) and .01C(1). 

* * * * * * * 

26.11.06 General Emissions Standards, Prohibitions, and Standards 

*******

26.11.06.14 ............... Control of PSD Sources ............. 3/5/12 2/28/13 .......................................

[Insert page number where the 

document begins].

Revised .14B(1). 

* * * * * * * 

* * * * * 

[FR Doc. 2013–04145 Filed 2–27–13; 8:45 am] 

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 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

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 http:// 

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 


srobinson on DSK4SPTVN1PROD with RULES
13500 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 

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); 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Rules and Regulations 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] 

■ 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. 

* * * * * 

(c) * * * 

TABLE 3—EPA APPROVED KNOX COUNTY, REGULATIONS

State section Title/Subject State effective 

date EPA Approval date Explanation 

*******

Section 25.0 ............................... Permits ....................................... 10/10/2012 2/28/13 [Insert first page of publication].

*******

Section 46.0 ............................... Regulation of Volatile Organic 

Compounds.

8/12/2009 2/28/13 [Insert first page of publication].

*******

* * * * * 

[FR Doc. 2013–04412 Filed 2–27–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 152, 158 and 161 

[EPA–HQ–OPP–2010–0427; FRL–9372–7] 

RIN 2070–AJ26 

Declaration of Prion as a Pest Under 

FIFRA; Related Amendments; and 

Availability of Final Test Guidelines 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: With this final rule EPA 

declares a prion (i.e., proteinaceous 

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. 

DATES: This final rule is effective April 

29, 2013. 


srobinson on DSK4SPTVN1PROD with RULES