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[Federal Register Volume 78, Number 33 (Tuesday, February 19, 2013)]
[Rules and Regulations]
[Pages 11583-11585]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03606]

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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.

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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

[[Page 11584]]

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
(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).

[[Page 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]

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. Section 52.2220(c) is amended by revising the entry in Table 1 for 
``Section 1200-3-9.01'' to read as follows:

Sec.  52.2220(c).  Identification of plan.

* * * * *
    (c) * * *

                                   Table 1--EPA Approved Tennessee Regulations
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                                                     State
        State citation            Title/subject    effective     EPA  approval             Explanation
                                                      date           date
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                                                  * * * * * * *
                               CHAPTER 1200-3-9 CONSTRUCTION AND OPERATING PERMITS
1200-3-9-.01..................  Definitions.....    6/27/2011  2/19/2013         On 2/19/2013 EPA revised this
                                                                [Insert first     section to add 17 compounds to
                                                                page of           the list of compounds excluded
                                                                publication].     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.
 
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[FR Doc. 2013-03606 Filed 2-15-13; 8:45 am]
BILLING CODE 6560-50-P
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