[Federal Register Volume 78, Number 96 (Friday, May 17, 2013)]
[Rules and Regulations]
[Pages 29032-29034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11681]
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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.
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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
[email protected].
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
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Compound Chemical name
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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.
[[Page 29033]]
(CF3)CFCF2OC2H5.................. 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane.
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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.
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\1\ EPA also noted that an additional public comment period
would not be instituted for the action.
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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).
[[Page 29034]]
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]
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. In Sec. 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:
Sec. 52.2220 Identification of plan.
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(c) * * *
Table 1--EPA Approved Tennessee Regulations
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State
State citation Title/subject effective date EPA approval date Explanation
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CHAPTER 1200-3-9 CONSTRUCTION AND OPERATING PERMITS
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1200-3-9-.01............ Definitions............. 6/27/2011 5/17/2013 [Insert On 5/17/2013 EPA
first page of revised this section
publication]. 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.
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[FR Doc. 2013-11681 Filed 5-16-13; 8:45 am]
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