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 

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. 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 78, No. 96 / Friday, May 17, 2013 / Rules and Regulations 29033 

1EPA also noted that an additional public 

comment period would not be instituted for the 

action. 

TABLE 1–16—COMPOUNDS ADDED TO THE LIST OF NEGLIGIBLY REACTIVE COMPOUNDS—Continued 

Compound Chemical name 

(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. 

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). 


wreier-aviles on DSK5TPTVN1PROD with RULES
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. 

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. 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: 

§ 52.2220 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 1—EPA APPROVED TENNESSEE REGULATIONS

State citation Title/subject State 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 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. 

* * * * * * * 

* * * * * 

[FR Doc. 2013–11681 Filed 5–16–13; 8:45 am] 

BILLING CODE 6560–50–P 

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 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Determination of Acceptability. 

SUMMARY: 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 

conditioning; foam blowing; solvent 

cleaning; adhesives, coatings and inks; 

and fire suppression sectors. 

DATES: This determination is effective 

on May 17, 2013. 

ADDRESSES: 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 http:// 

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 http:// 

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, 

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 http://www.epa.gov/ozone/ 

including the SNAP portion at http:// 

www.epa.gov/ozone/snap/. 

SUPPLEMENTARY INFORMATION: 


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