[Federal Register Volume 71, Number 1 (Tuesday, January 3, 2006)]
[Rules and Regulations]
[Pages 21-24]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24413]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R04-OAR-2005-TN-0004-200526(a); FRL-8014-6]
Approval and Promulgation of Implementation Plans; Tennessee and
Nashville-Davidson County; Approval of Revisions to the State
Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is approving non-regulatory revisions to the Tennessee
State Implementation Plan (SIP) and regulatory revisions to the
Nashville-Davidson portion of the Tennessee SIP, submitted by the State
of Tennessee through the Tennessee Department of Environment and
Conservation (TDEC) on January 26, 1999, October 11, 2001, and April
15, 2005. The revisions amend the Vehicle Inspection and Maintenance
program in Nashville-Davidson County and the Nashville (Middle
Tennessee) 1-Hour Ozone Maintenance Plan.
DATES: This direct final rule is effective March 6, 2006 without
further notice, unless EPA receives adverse comment by February 2,
2006. 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. R04-OAR-2005-TN-0004, by one of the following
methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions 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 on-line instructions for submitting comments.
3. E-mail: [email protected].
4. Fax: 404-562-9019.
5. Mail: R04-OAR-2005-TN-0004, 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
[[Page 22]]
Hoffman, Regulatory Development Section, Air Planning Branch, Air,
Pesticides and Toxics Management Division 12th floor, 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 RME ID No. R04-OAR-2005-TN-
0004. 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 Web site and the Federal regulations.gov Web
site 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 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.
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 materials 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. The telephone number
is (404) 562-9074. Ms. Hoffman can also be reached via electronic mail
at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On June 11, 1997, the Tennessee Air Pollution Control Board
approved non-regulatory revisions to the Nashville Ozone Maintenance
Plan so that the Plan would remain consistent with Rule 1200-3-29-.03,
Motor Vehicle Inspection Requirements. On October 10, 2001, and April
12, 2005, the Tennessee Air Pollution Control Board approved revisions
to the Nashville-Davidson County Regulation No. 8, Regulation of
Emissions from Light-Duty Motor Vehicles Through Mandatory Vehicle
Inspection and Maintenance Program. The final revisions, adopted on
April 12, 2005, are consistent with the State of Tennessee Light-Duty
Motor Vehicle Inspection and Maintenance regulations and support the
Nashville-Davidson County Metropolitan Health Department's efforts to
ensure attainment of the 8-hour ozone national ambient air quality
standard (NAAQS).
II. Analysis of State's Submittal
The non-regulatory revision to the Nashville Ozone Maintenance Plan
submitted to EPA on January, 26, 1999, revises the Nashville Ozone
Maintenance Plan so that the Plan remains consistent with Rule 1200-3-
29-.03, Motor Vehicle Inspection Requirements. The revision to the
Maintenance Plan merely updates the Plan and does not impact any
emission calculations or affect any compliance rate calculations in the
Maintenance Plan.
The revisions submitted to EPA on October 11, 2001, revise
Regulation No. 8 of the Nashville-Davidson County portion of the
Tennessee SIP, Regulation of Emissions From Light-Duty Motor Vehicles
through Mandatory Vehicle Inspection and Maintenance Program, by
changing definitions, on board diagnostics requirements, and fees
associated with the program.
The revisions submitted to EPA on April 12, 2005, revise Regulation
No. 8 of the Nashville-Davidson County portion of the Tennessee SIP,
Regulation of Emissions From Light-Duty Motor Vehicles through
Mandatory Vehicle Inspection and Maintenance Program, by expanding the
existing regulations to increase the vehicle test weight to 10,000
pounds (gross vehicle weight rating) and adding diesel powered vehicles
from 1975 to the present year. The revisions are consistent with the
State of Tennessee Light-Duty Motor Vehicle Inspection and Maintenance
regulations and will improve air quality in Nashville through vehicle
emissions reductions. The emissions reductions expected in the
Nashville area from expansion of the inspection and maintenance program
will be 0.0231 tons per day of nitrogen oxides (NOX) and
0.0455 tons per day of volatile organic compounds (VOC).
III. Final Action
EPA is approving the aforementioned regulatory and nonregulatory
changes to the Tennessee SIP because they are consistent with the Clean
Air Act and EPA requirements.
The 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 March 6, 2006
without further notice unless the Agency receives adverse comments by
February 2, 2006.
If the 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. The 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 March 6, 2006 and no
further action will be taken on the proposed rule. Please note that if
we receive adverse comment on an amendment, paragraph, or section of
[[Page 23]]
this rule and if that provision may be severed from the remainder of
the rule, we may adopt as final those provisions of the rule that are
not the subject of an adverse comment.
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. section 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, 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 March 6, 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, Particulate matter, Volatile
organic compounds.
Dated: December 9, 2005.
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 is amended by:
0
a. In paragraph (c) under ``Table 5-EPA Approved Nashville-Davidson
County Regulations'' by revising entries for ``Regulation No. 8
Regulation of Emissions from Light-Duty Motor Vehicles Through
Mandatory Vehicle Inspection and Maintenance Program.''
0
b. In paragraph (e) by adding new entry at the end of the table for
``Nashville Ozone Maintenance Plan'' to read as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(c) * * *
[[Page 24]]
Table 5.--EPA-Approved Nashville-Davidson County Regulations
----------------------------------------------------------------------------------------------------------------
State effective
State citation Title/subject date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Regulation No. 8................ Regulation of 4/12/05........... January 3, 2006. ..................
Emissions from [Insert first
Light-Duty Motor page of
Vehicles Through publication].
Mandatory Vehicle
Inspection and
Maintenance
Program.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
EPA-Approved Tennessee Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of nonregulatory SIP geographic or State effective EPA approval date Explanation
provision nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Nashville 1-Hour Ozone Nashville 1-Hour June 11, 2005..... January 3, 2006 ..................
Maintenance Plan. Ozone Maintenance [Insert first
Area. page number of
publication].
----------------------------------------------------------------------------------------------------------------
[FR Doc. 05-24413 Filed 12-30-05; 8:45 am]
BILLING CODE 6560-50-P