Federal Register / Vol. 78, No. 33 / Tuesday, February 19, 2013 / Rules and Regulations 11583 

[FR Doc. 2013–03775 Filed 2–15–13; 8:45 am] 

BILLING CODE 4310–05–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0888; FRL–9780–8] 

Approval and Promulgation of 

Implementation Plans Tennessee: 

Revisions to Volatile Organic 

Compound Definition 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct 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 direct final rule is effective 

April 22, 2013 without further notice, 

unless EPA receives adverse comment 

by March 21, 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–2012–0888, 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– 

0888,’’ 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– 

0888. 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 

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 the State’s Submittal 

II. 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 

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). 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. 

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. VOCs 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 


sroberts on DSK5SPTVN1PROD with RULES
11584 Federal Register / Vol. 78, No. 33 / Tuesday, February 19, 2013 / Rules and Regulations 

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-ethoxy1,1,2,2,3,3,4,4,4- 

nonafluorobutane 

(CF3)CFCF2OC2H5 .... 2- 

(ethoxydifluoromethyl)-1,1,1,2,3,3,3- 

heptafluoropropane 

II. Final Action 

EPA is approving the aforementioned 

changes to the State of Tennessee SIP, 

because it is consistent with EPA’s 

definition of VOC 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 22, 2013 without further 

notice unless the Agency receives 

adverse comments by March 21, 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 22, 2013 

and no further action will be taken on 

the proposed rule. 

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 April 22, 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). 


sroberts on DSK5SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 33 / Tuesday, February 19, 2013 / Rules and Regulations 11585 

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 5, 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 the entry in Table 1 for 

‘‘Section 1200–3–9.01’’ to read as 

follows: 

§ 52.2220(c). 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 2/19/2013 [Insert 

first page of publication].

On 2/19/2013 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. 2013–03606 Filed 2–15–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 98 

[EPA–HQ–OAR–2011–0417; FRL–9780–3] 

RIN 2060–AR74 

Greenhouse Gas Reporting Rule: 

Revision to Best Available Monitoring 

Method Request Submission Deadline 

for Petroleum and Natural Gas 

Systems Source Category 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The EPA is taking direct final 

action to revise the deadline by which 

owners or operators of facilities subject 

to the petroleum and natural gas 

systems source category of the 

Greenhouse Gas Reporting Rule must 

submit requests for use of best available 

monitoring methods to the 

Administrator. This revision does not 

change any other requirements for 

owners or operators that are outlined in 

the best available monitoring method 

rule provisions. 

DATES: This rule is effective on April 22, 

2013 without further notice, unless the 

EPA receives adverse comment by 

March 21, 2013. If the EPA receives 

adverse comment by March 21, 2013, 

the EPA will publish a timely 

withdrawal notice in the Federal 

Register to inform the public that this 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by docket ID No. EPA–HQ– 

OAR–2011–0417 by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Email: GHG_Reporting_Rule_Oil_

And_Natural_Gas@epa.gov. 

• Fax: (202) 566–9744. 

• Mail: Environmental Protection 

Agency, EPA Docket Center (EPA/DC), 

Mailcode 6102T, Attention Docket ID 

No. EPA–HQ–OAR–2011–0417, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460. 

• Hand/Courier Delivery: EPA Docket 

Center, Public Reading Room, EPA West 

Building, Room 3334, 1301 Constitution 

Avenue NW., Washington, DC 20004. 

Such deliveries are only accepted 

during the Docket’s normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2011– 

0417. The 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 

information that you consider to be CBI 

or otherwise protected through http:// 

www.regulations.gov or email. Send or 

deliver information identified as CBI to 

only the mail or hand/courier delivery 

address listed above, attention: Docket 

ID No. EPA–HQ–OAR–2011–0417. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means the 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 the EPA without 


sroberts on DSK5SPTVN1PROD with RULES