65838 Federal Register / Vol. 70, No. 210 / Tuesday, November 1, 2005 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD13–05–038] 

RIN 1625–AA87 

Security Zone; Protection of Military 

Cargo, Captain of the Port Zone Puget 

Sound, WA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement. 

SUMMARY: The Captain of the Port Puget 

Sound will begin enforcing the Budd 

Inlet security zone in West Bay, 

Olympia, Washington on Thursday, 

October 27, 2005, at 8 a.m. Pacific 

Daylight Time. The security zone 

provides for the security of Department 

of Defense assets and military cargo in 

the navigable waters of Puget Sound and 

adjacent waters. The security zone will 

be enforced until Tuesday, November 1, 

2005, at 11:59 p.m. Pacific standard 

time. 

DATES: The Budd Inlet security zone set 

forth in 33 CFR 165.1321 will be 

enforced from Thursday, October 27, 

2005, at 8 a.m. Pacific daylight time to 

Tuesday, November 1, 2005, at 11:59 

p.m. Pacific standard time, at which 

time enforcement will be suspended. 

FOR FURTHER INFORMATION CONTACT: 

Captain of the Port Puget Sound, 1519 

Alaskan Way South, Seattle, WA 98134 

at (206) 217–6200 or (800) 688–6664 to 

obtain information concerning 

enforcement of this rule. 

SUPPLEMENTARY INFORMATION: On August 

27, 2004, the Coast Guard published a 

final rule (69 FR 52603) establishing 

regulations, in 33 CFR 165.1321, for the 

security of Department of Defense assets 

and military cargo in the navigable 

waters of Puget Sound and adjacent 

waters. On December 10, 2004, the 

Coast Guard published a final rule (69 

FR 71709), which amended 33 CFR 

165.1321 by adding Budd Inlet, 

Olympia, WA as a permanent security 

zone. These security zones provide for 

the regulation of vessel traffic in the 

vicinity of military cargo loading 

facilities in the navigable waters of the 

United States. These security zones also 

exclude persons and vessels from the 

immediate vicinity of these facilities 

during military cargo loading and 

unloading operations. In addition, the 

regulation establishes requirements for 

all vessels to obtain permission of the 

COTP or the COTP’s designated 

representative, including the Vessel 

Traffic Service (VTS) aspect of Sector 

Seattle to enter, move within, or exit 

these security zones when they are 

enforced. Entry into these zones is 

prohibited unless otherwise exempted 

or excluded under 33 CFR 165.1321 or 

unless authorized by the Captain of the 

Port or his designee. The Captain of the 

Port Puget Sound will begin enforcing 

the Budd Inlet security zone established 

by 33 CFR 165.1321 on Thursday, 

October 27, 2005, at 8 a.m. Pacific 

daylight time. The security zone will be 

enforced until Tuesday, November 1, 

2005, at 11:59 p.m. Pacific standard 

time. All persons and vessels are 

authorized to enter, move within, and 

exit the security zone on or after 

Tuesday, November 1, 2005, at 11:59 

p.m. Pacific standard time unless a new 

notice of enforcement is issued before 

then. 

Dated: October 21, 2005. 

Stephen P. Metruck, 

Captain, U.S. Coast Guard, Captain of the 

Port, Puget Sound. 

[FR Doc. 05–21720 Filed 10–31–05; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[RO4–OAR–2005–TN–0006–200519(a); FRL–

7990–3] 

Approval and Promulgation of 

Implementation Plans; Tennessee: 

Nashville Area Second 10-Year 

Maintenance Plan for the 1-Hour Ozone 

National Ambient Air Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The EPA is approving a 

revision to the Tennessee State 

Implementation Plan (SIP) submitted in 

final form on August 10, 2005. The SIP 

revision provides the second 10-year 

maintenance plan for the Nashville 

(Middle Tennessee) 1-hour ozone 

maintenance area (Nashville Area), 

which is composed of the following five 

counties: Davidson, Rutherford, 

Sumner, Williamson, and Wilson. The 

Nashville Area is still required to fulfill 

obligations under the 1-hour ozone 

national ambient air quality standard 

(NAAQS), because EPA has deferred the 

effective date of the designation for the 

Nashville Area under the newer 8-hour 

ozone NAAQS due to participation in 

an Early Action Compact. EPA is 

approving this SIP revision because it 

satisfies the requirement of the Clean 

Air Act (CAA) for the second 10-year 

maintenance plan for the Nashville 

Area. 

In addition, in this rulemaking, EPA 

is providing information on its 

transportation conformity adequacy 

determination for new motor vehicle 

emission budgets (MVEBs) for the year 

2016 that are contained in the second 

10-year 1-hour ozone maintenance plan 

for the Nashville Area. EPA determined 

that the 2016 MVEBs are adequate 

through a previous action. EPA is also 

approving the 2016 MVEBs in this 

action. 

DATES: This direct final rule is effective 

January 3, 2006, without further notice, 

unless EPA receives adverse comment 

by December 1, 2005. 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 Regional Material in 

EDocket (RME) ID No. ‘‘RO4–OAR–

2005–TN–0006–200519’’ by one of the 

following methods: 

1. Federal eRulemaking Portal: 

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

on-line instruction for submitting 

comments. 

2. Agency Web site: http:// 

docket.epa.gov/rmepub/RME, EPA’s 

electronic public docket and comment 

system is EPA’s preferred method for 

receiving comments. Once in the 

system, select ‘‘quick search,’’ then key 

in the appropriate RME Docket 

identification number. Follow the online instructions for submitting 

comments: 

3. E-mail: 

hoffman.annemarie@epa.gov. 

4. Fax: (404) 562–9019. 

5. Mail: ‘‘RO4–OAR–2005–TN–0006’’

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. 

6. Hand Delivery or Courier, Deliver 

your comments to Anne Marie Hoffman, 

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. 

Federal Register / Vol. 70, No. 210 / Tuesday, November 1, 2005 / Rules and Regulations 65839 

Instructions: Direct your comments to 

RME ID No. ‘‘RO4–OAR–2005–TN–

0006.’’ 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://docket.epa.gov/rmepub, 

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 RME, 

regulations.gov, or e-mail. The EPA 

RME website and the federal 

regulations.gov website are ‘‘anonymous 

access’’ systems, 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 RME or 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 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. 

Docket: All documents in the 

electronic docket are listed in the RME 

index at http://docket.epa.gov/rmepub. 

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 material are 

available either electronically in RME 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: 

Anne Marie Hoffman, 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, Phone 

(404) 562–9074. E-mail: 

hoffman.annemarie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What Is the Background for This Action? 

II. What Is EPA’s Analysis of the Nashville 

Area’s Second 10-Year Maintenance 

Plan? 

III. What Is EPA’s Action on the Nashville 

Area’s Second 10-Year Maintenance 

Plan? 

IV. What Is an Adequacy Determination and 

What Is EPA’s Adequacy Determination 

for the Nashville Area’s New MVEBs for 

the Year 2016? 

V. Statutory and Executive Order Reviews 

I. What Is the Background for This 

Action? 

In 1996, based on measured air 

quality data, the Nashville Area was 

able to demonstrate attainment with the 

1-hour ozone National Ambient Air 

Quality Standard (NAAQS) due to 

numerous control measures 

implemented in the Nashville Area. As 

a result of the measured air quality data, 

Tennessee petitioned EPA for 

redesignation. In 1996, EPA 

redesignated the Nashville Area to 

attainment based on the measured air 

quality data and a 10-year maintenance 

plan submitted for the Nashville Area. 

The air quality maintenance plan is a 

requirement of the 1990 CAA 

amendments for nonattainment areas 

that come into compliance with the 

NAAQS to assure their continued 

maintenance of that standard. Eight 

years after redesignation to attainment, 

section 175A(b) of the CAA requires the 

state to submit a revised maintenance 

plan which demonstrates that 

attainment will continue to be 

maintained for the ten years following 

the initial ten-year period (this is known 

as the second 10-year plan). The second 

10-year plan updates the original 10- 

year 1-hour ozone maintenance plan for 

the next 10-year period. The 

maintenance plan sets out the steps the 

area would take to maintain attainment 

with the 1-hour ozone NAAQS. 

Tennessee was required to submit the 

second 10-year plan for the Nashville 

Area demonstrating that it would 

continue to attain the 1-hour ozone 

NAAQS through 2016. 

The Nashville Area is still required to 

fulfill requirements under the 1-hour 

ozone NAAQS due to its participation 

in an Early Action Compact (EAC). The 

effective date of the revocation of the 1- 

hour ozone NAAQS is one year after the 

effective date of the designations for the 

8-hour ozone standard as explained in 

EPA’s April 30, 2004, final rule (69 FR 

23951). For areas participating in an 

EAC, the effective date for designations 

for the 8-hour ozone NAAQS was 

deferred until December 31, 2006, in a 

final action published by EPA on 

August 29, 2005 (70 FR 50988). 

Therefore, the 1-hour ozone NAAQS is 

not yet revoked for the Nashville Area 

and other areas participating in an EAC, 

because the effective date for 

designations for the 8-hour ozone 

NAAQS in EAC areas has been deferred. 

For more information, please see EPA’s 

Web site on EACs at: http:// 

www.epa.gov/air/eac/index.html. 

The original 10-year maintenance 

plan for the Nashville Area established 

MVEBs for the year 2006. The 2006 

MVEBs are 53.17 tons per day (tpd) for 

volatile organic compounds (VOC) and 

96.60 tpd for nitrogen oxides (NOX). 

These MVEBs are currently being used 

by the transportation partners to 

demonstrate transportation conformity. 

Additionally, through this rulemaking, 

EPA is providing information on the 

status of its transportation conformity 

adequacy determination for new MVEBs 

for the year 2016 that are contained in 

the second 10-year plan for the 

Nashville Area. The adequacy comment 

period for the 2016 MVEBs began on 

June 9, 2005, with EPA’s posting of the 

availability of this submittal on EPA’s 

Adequacy Web site (at http:// 

www.epa.gov/otaq/transp/conform/ 

adequacy.htm). The adequacy comment 

period for these MVEBs closed on July 

11, 2005. No request for, or adverse 

comments on this submittal were 

received during EPA’s adequacy 

comment period. EPA determined that 

the 2016 MVEBs are adequate through a 

separate action on September 16, 2005, 

(70 FR 2005). Please see section IV of 

this rulemaking for further explanation 

of this process. 

II. What Is EPA’s Analysis of the 

Nashville Area’s Second 10-Year 

Maintenance Plan? 

On August 10, 2005, the State of 

Tennessee, through the Tennessee 

Department of Environment and 

Conservation (TDEC), submitted a SIP 

revision to EPA that provided for the 

second 10-year plan for the Nashville 

Area as required by section 175A(b) of 

the CAA. This second 10-year plan for 

the Nashville Area includes a new 

ozone precursor emission inventory for 

2002 for the Nashville Area which 

reflects emission controls applicable for 

65840 Federal Register / Vol. 70, No. 210 / Tuesday, November 1, 2005 / Rules and Regulations 

the Nashville Area, and actual and 

projected emissions for 2002, 2006, 

2009, 2012 and 2016. The SIP revision 

also establishes new MVEBs for 2016 for 

the Nashville Area. 

The emission reduction measures for 

ozone precursor emissions implemented 

in the Nashville Area from 1996 to 2006, 

and measures that are projected to occur 

between 2006 and 2016, are accounted 

for in the 2002 emission inventory and 

projected emissions estimates. The 

following two tables provide emissions 

data and projections, calculated using 

MOBILE6.2, for the ozone precursors, 

VOC and NOX. 

TABLE 1.—NASHVILLE 1-HOUR OZONE AREA

[Emission inventory and projected VOC emissions (2002–2016)] 

Area Non-road 

mobile 

On-road 

mobile Point Total 

Safety margin 

based on 2002 

emissions 

2002 ......................................................... 80.63 27.53 51.21 19.97 179.34 n/a 

2006 ......................................................... 85.56 24.01 37.28 13.05 159.90 19.44 

2009 ......................................................... 89.03 20.30 31.03 14.02 154.38 24.96 

2012 ......................................................... 92.75 18.45 24.91 15.09 151.20 28.14 

2016 ......................................................... 98.87 16.77 19.18 17.02 151.84 27.50 

TABLE 2.—NASHVILLE 1-HOUR OZONE AREA

[Emission inventory and projected NOX emissions (2002–2016)] 

Area Non-road 

mobile 

On-road 

mobile Point Total 

Safety margin 

based on 2002 

emissions 

2002 ......................................................... 21.13 47.85 136.00 53.29 258.27 n/a 

2006 ......................................................... 23.48 44.74 97.89 61.01 227.11 31.15 

2009 ......................................................... 24.45 41.18 77.65 61.57 204.85 53.42 

2012 ......................................................... 25.69 37.71 56.02 64.21 183.63 74.64 

2016 ......................................................... 26.53 32.97 36.01 65.21 160.72 97.55 

The attainment level of emissions is 

the level of emissions during one of the 

years in which the area met the NAAQS. 

The Nashville Area attained the 1-hour 

ozone NAAQS based on air quality data 

for the 2000–2002 time period. 

Therefore, in this SIP revision, the 

emissions from the year 2002 are used 

to calculate a new attainment emissions 

level for the Nashville Area. The 

emissions from point, area, nonroad, 

and mobile sources in 2002 equal 

179.34 tpd of VOC for the entire 

Nashville Area. Projected VOC 

emissions to the year 2016 equal 151.84 

tpd of VOC. 

The safety margin is the difference 

between the attainment level of 

emissions (from all sources) and the 

projected level of emissions (from all 

sources) in the maintenance plan. The 

safety margin is for the entire Nashville 

Area and is not sub-allocated by county. 

The safety margin credit, or a portion 

thereof, can be allocated to the 

transportation sector, however, the total 

emission level must stay below the 

attainment level. The safety margin for 

VOC is the difference between these 

amounts or, in this case, 27.50 tpd for 

2016. By this same method, 97.55 tpd 

(258.27 tpd less 160.72 tpd) is the safety 

margin for NOX for 2016. The emissions 

are projected to maintain the Nashville 

Area’s air quality consistent with the 

NAAQS. 

Maintenance plans and other control 

strategy SIPs create MVEBs for criteria 

pollutants and/or their precursors to 

address pollution from cars and trucks. 

The MVEB is the portion of the total 

allowable emissions that is allocated to 

highway and transit vehicle use and 

emissions. The MVEB serves as a ceiling 

on emissions from an area’s planned 

transportation system. In this SIP 

revision, the Nashville Area used 

MOBILE6.2 to establish MVEBs for VOC 

and NOX for the year 2016. In a previous 

action on September 16, 2005, (70 FR 

54738) EPA determined that the new 

2016 MVEBs are adequate for the 

Nashville Area. These MVEBs are listed 

in Tables 3.1 and 3.2. 

TABLE 3.1.—2016 MVEB WITH SAFETY MARGIN INCLUDED

2016 safety 

margin 

10% of safety 

margin 

2016 estimated on-road 

mobile 

emissions 

2016 MVEB 

with safety 

margin 

VOC ................................................................................................................. 27.50 2.75 19.18 21.93 

NOX .................................................................................................................. 97.54 9.75 36.01 45.76 

The MVEBs presented in Table 3.2 are 

directly reflective of the combined 

onroad (or ‘‘highway’’) emissions for the 

Nashville Area for VOC and NOX, plus 

allocation from the available safety 

margin. In summary, the MVEBs for the 

Nashville Area that the transportation 

partners must use are provided in the 

table below. 

TABLE 3.2.—2006 AND 2016 MVEBS

2006 2016 

VOC .................................. 53.17 21.93 

NOX .................................. 96.60 45.76 

Federal Register / Vol. 70, No. 210 / Tuesday, November 1, 2005 / Rules and Regulations 65841 

III. What Is EPA’s Action on the 

Nashville Area’s Second 10-Year 

Maintenance Plan? 

EPA is approving Tennessee’s SIP 

revision pertaining to the Nashville 

Area’s second 10-year plan, including 

the new 2016 MVEBs for VOC and NOX. 

IV. What Is an Adequacy Determination 

and What Is EPA’s Adequacy 

Determination for the Nashville Area’s 

New MVEB for the Year 2016? 

At various times under the CAA, 

states are required to submit control 

strategy SIP revisions and maintenance 

plans for ozone areas. These control 

strategy SIP submittals (e.g., reasonable 

further progress SIP submittals and 

attainment demonstration SIP 

submittals) and maintenance plans 

create MVEBs for criteria pollutants 

and/or their precursors to address 

pollution from cars and trucks. Per 40 

CFR part 93, a MVEB is established for 

the last year of the maintenance plan. 

The MVEB is the portion of the total 

allowable emissions in the maintenance 

plan that is allocated to highway and 

transit vehicle use and emissions. The 

MVEB serves as a ceiling on emissions 

from an area’s planned transportation 

system. The MVEB concept is further 

explained in the preamble to the 

November 24, 1993, transportation 

conformity rule (58 FR 62188). The 

preamble also describes how to 

establish and revise MVEBs in the SIP. 

Under section 176(c) of the CAA, new 

transportation projects, such as the 

construction of new highways, must 

‘‘conform’’ to (e.g. be consistent with) 

the part of the State’s air quality plan 

that addresses pollution from cars and 

trucks. ‘‘Conformity’’ to the SIP means 

that transportation activities will not 

cause new air quality violations, worsen 

existing violations, or delay timely 

attainment of the NAAQS. Under the 

transportation conformity rule, at 40 

CFR part 93, projected emissions from 

transportation plans and programs must 

be equal to or less than MVEBs for the 

area. If a transportation plan does not 

‘‘conform,’’ most new projects that 

would expand the capacity of roadways 

cannot go forward. Regulations at 40 

CFR part 93 set forth EPA policy, 

criteria and procedures for 

demonstrating and assuring conformity 

of such transportation activities to a SIP. 

Until MVEBs in a SIP submittal are 

approved by EPA, they cannot be used 

for transportation conformity purposes 

unless EPA makes an affirmative finding 

that MVEBs contained therein are 

‘‘adequate.’’ Once EPA affirmatively 

finds the submitted MVEBs adequate for 

transportation conformity purposes, 

those MVEBs can be used by the State 

and Federal agencies in determining 

whether proposed transportation 

projects ‘‘conform’’ to the SIP even 

though the approval of the SIP revision 

containing those MVEBs has not yet 

been finalized. EPA’s substantive 

criteria for determining ‘‘adequacy’’ of 

MVEBs in submitted SIPs are set out in 

EPA’s Transportation Conformity Rule 

at 40 CFR 93.118(e)(4). 

In a letter dated August 16, 2005, to 

Barry Stephens, Director of the Air 

Pollution Control Division of TDEC, 

EPA informed the State of its intention 

to find the new 2016 MVEBs adequate 

for transportation conformity purposes. 

Subsequently, in a Final Federal 

Register notice dated September 16, 

2005, (70 FR 54738) EPA found the 

Nashville Area’s 2016 MVEBs adequate. 

These MVEBs meet the adequacy 

criteria contained in the Transportation 

Conformity Rule. Both the 2006 and 

2016 MVEBs for the Nashville Area are 

currently being used for transportation 

conformity determinations. For 

transportation plan analysis years that 

involve the year 2015 or before, the 

applicable budget for the purposes of 

conducting transportation conformity 

analysis will be the 2006 MVEBs for 

VOC of 53.17 tpd and for NOX of 96.60 

tpd for the Nashville Area. For 

transportation plan analysis years that 

involve the year 2016 or beyond, the 

applicable budget for the purposes of 

conducting transportation conformity 

analysis will be the 2016 MVEB for VOC 

of 19.18 tpd and for NOX of 36.01 tpd 

for the Nashville Area. 

V. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it 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). 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does not have 

substantial direct effects on the states, 

on the relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

approves a state rule implementing a 

Federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. This rule also is not 

subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because it is not economically 

significant. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the state to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This rule does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

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 rule and other 

required information to the U.S. Senate, 

65842 Federal Register / Vol. 70, No. 210 / Tuesday, November 1, 2005 / Rules and Regulations 

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 January 3, 2006. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule 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. 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, Nitrogen dioxide, Ozone, 

Volatile organic compounds. 

Dated: October 17, 2005. 

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(e) is amended by 

adding a new entry at the end of the 

table for ‘‘Nashville 1-Hour Ozone 

Second 10-Year Maintenance Plan’’ to 

read as follows: 

§ 52.2220 Identification of plan. 

(e) * * * 

EPA APPROVED TENNESSEE NON-REGULATORY PROVISIONS

Name of nonregulatory SIP provision 

Applicable geographic or nonattainment area 

State effective date EPA approval date Explanation 

* * * * * * * 

Nashville 1-Hour Ozone Second 10-Year 

Maintenance Plan.

Nashville .................. August 10, 2005 ...... November 1, 2005 [Insert 

first page of publication]. 

[FR Doc. 05–21528 Filed 10–31–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R03–OAR–2005–PA–0013; FRL–7992–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; VOC and NOX RACT 

Determinations for Seven Individual 

Sources 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve revisions to the Commonwealth 

of Pennsylvania State Implementation 

Plan (SIP). The revisions were 

submitted by the Pennsylvania 

Department of Environmental Protection 

(PADEP) to establish and require 

reasonably available control technology 

(RACT) for seven major sources of 

volatile organic compounds (VOC) and 

nitrogen oxides (NOX) pursuant to the 

Commonwealth of Pennsylvania’s 

(Pennsylvania’s or the 

Commonwealth’s) SIP-approved generic 

RACT regulations. EPA is approving 

these revisions in accordance with the 

Clean Air Act (CAA). 

DATES: This rule is effective on 

December 1, 2005. 

ADDRESSES: EPA has established a 

docket for this action under Regional 

Material in EDocket (RME) ID Number 

R03–OAR–2005–PA–0013. All 

documents in the docket are listed in 

the RME index at http://docket.epa.gov/ 

rmepub/. Once in the system, select 

‘‘quick search,’’ then key in the 

appropriate RME identification number. 

Although listed in the electronic docket, 

some information is not publicly 

available, i.e., 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 either electronically in RME or 

in hard copy for public inspection 

during normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State submittal are 

available at the Pennsylvania 

Department of Environmental 

Protection, Bureau of Air Quality, P.O. 

Box 8468, 400 Market Street, Harrisburg, 

Pennsylvania 17105. 

FOR FURTHER INFORMATION CONTACT: 

Amy Caprio, (215) 814–2156, or by email at caprio.amy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On June 10, 2005 (70 FR 33850) and 

June 16, 2005 (70 FR 35162), EPA 

published a notice of proposed 

rulemaking (NPR) and a correction for 

the Commonwealth of Pennsylvania. 

The NPR proposed approval of formal 

SIP revisions submitted by 

Pennsylvania on January 27, 2005. The 

correction addresses the location of the 

NPR publication in the Federal 

Register. These SIP revisions consist of 

source-specific operating permits and/or 

plan approvals issued by PADEP to 

establish and require RACT pursuant to 

the Commonwealth’s SIP-approved 

generic RACT regulations. The 

following table identifies the sources 

and the individual plan approvals (PAs) 

and operating permits (OPs) which are 

the subject of this rulemaking.