[Federal Register Volume 62, Number 146 (Wednesday, July 30, 1997)]
[Rules and Regulations]
[Pages 40734-40735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20056]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN-171-01-9764a; FRL-5863-9]


Approval and Promulgation of Implementation Plans Tennessee: 
Approval of Revisions to the SIP Regarding Emission Standards and 
Monitoring Requirements for Additional Control Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the Tennessee State 
Implementation Plan (SIP) which were submitted to EPA by the Tennessee 
Department of Air Pollution Control (TDAPC), on April 30, 1996. The EPA 
is approving these revisions to the Tennessee regulations regarding 
emission standards and monitoring requirements for additional control 
areas.

DATES: This final rule is effective September 29, 1997 unless adverse 
or critical comments are received by August 29, 1997. If the effective 
date is delayed, timely notice will be published in the Federal 
Register.

ADDRESSES: Written comments on this action should be addressed to Karen 
C. Borel at the Environmental Protection Agency, Region 4 Air Planning 
Branch, 61 Forsyth Street, SW., Atlanta, Georgia 30303. Copies of 
documents relative to this action are available for public inspection 
during normal business hours at the following locations. The interested 
persons wanting to examine these documents should make an appointment 
with the appropriate office at least 24 hours before the visiting day. 
Reference file TN171-01-9764. The Region 4 office may have additional 
background documents not available at the other locations.
    Air and Radiation Docket and Information Center (Air Docket 6102), 
U.S. Environmental Protection Agency, 401 M Street, SW., Washington, DC 
20460.
    Environmental Protection Agency, Region 4 Air Planning Branch, 61 
Forsyth Street, SW., Atlanta, Georgia 30303, Karen C. Borel, 404/562-
9029.
    Tennessee Department of Environment and Conservation, Division of 
Air Pollution Control, L & C Annex, 9th Floor, 401 Church Street, 
Nashville, Tennessee 37243-1531, 615/532-0554.

FOR FURTHER INFORMATION CONTACT: Karen C. Borel at 404/562-9029.

SUPPLEMENTARY INFORMATION: On April 30, 1996, the State of Tennessee 
submitted formal revisions to the Tennessee SIP. EPA found the 
submittal to be complete on July 8, 1996. These revisions to the SIP 
consisted of the entire Chapter 1200-3-19 ``Emission Standards and 
Monitoring Requirements for Additional Control Areas.'' This chapter 
establishes specific emission standards for existing air contaminant 
sources located in nonattainment areas within the State. EPA is 
approving the revised Chapter 19 as described in the paragraphs below.
    1. The phrase ``a nonattainment area'' has been changed to ``an 
additional control area'' throughout this chapter. The State has 
changed this description so that it now refers to areas which are in 
nonattainment and areas which were formerly nonattainment but have been 
redesignated to attainment. These redesignated areas are under 
additional controls as required by their maintenance plans, as well as 
any contingency measures that they may be implementing.
    2. Chapter 1200-3-19.05(4) Operating Permits and Emissions Limiting 
Conditions--This subparagraph has been revised to require that a 
source, which is subject to enforceable limits on a RACT permit, must 
also apply for a construction permit. Once the source has received a 
construction permit, the RACT permit will be deleted from the SIP.
    3. The phrase ``asphalt concrete plant'' has been changed to ``hot 
mix asphalt plant'' throughout this chapter. The requirements for these 
plants have not been revised.

Final Action

    The EPA is approving the aforementioned revisions contained in the 
State's April 30, 1996, submittal. The EPA is publishing this action 
without prior proposal because the Agency views this as a 
noncontroversial amendment and anticipates no adverse comments. 
However, in a separate document in this Federal Register publication, 
the EPA is proposing to approve the SIP revision should adverse or 
critical comments be filed. This action will be effective September 29, 
1997 unless, by August 29, 1997, adverse or critical comments are 
received.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. The EPA will not institute a second comment period on 
this action. Any parties interested in commenting on this action should 
do so at this time. If no such comments are received, the public is 
advised that this action will be effective September 29, 1997.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any state implementation plan. Each request for revision to 
the state implementation plan shall be considered separately in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.

Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare

[[Page 40735]]

a regulatory flexibility analysis assessing the impact of any proposed 
or final rule on small entities. 5 U.S.C. 603 and 604. Alternatively, 
EPA may certify that the rule will not have a significant impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and government entities 
with jurisdiction over populations of less than 50,000.
    SIP approvals under section 110 and subchapter I, part D of the 
Clean Air Act do not create any new requirements but simply approve 
requirements that the State is already imposing. Therefore, because the 
Federal SIP approval does not impose any new requirements, the Regional 
Administrator certifies that it does not have a significant impact on 
any small entities affected. Moreover, due to the nature of the 
Federal-State relationship under the CAA, preparation of a flexibility 
analysis would constitute Federal inquiry into the economic 
reasonableness of state action. The Clean Air Act forbids EPA to base 
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S. 
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2)and 7410(k)(3).

C. Unfunded Mandates

    Under Section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
private sector, of $100 million or more. Under Section 205, EPA must 
select the most cost-effective and least burdensome alternative that 
achieves the objectives of the rule and is consistent with statutory 
requirements. Section 203 requires EPA to establish a plan for 
informing and advising any small governments that may be significantly 
or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted 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 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

E. Petitions for Judicial Review

    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 September 29, 1997. 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements.

    Dated: July 9, 1997.
Michael V. Peyton,
Acting Regional Administrator.

    Part 52 of chapter I, title 40, Code of Federal Regulations, is 
amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42. U.S.C. 7401-7671q.

Subpart RR--Tennessee

    2. Section 52.2220, is amended by adding paragraph (c)(155) to read 
as follows:


Sec. 52.2220  Identification of plan.

* * * * *
    (c) * * *
    (155) Revisions to Tennessee state implementation plan submitted to 
EPA by the State of Tennessee on April 30, 1996, regarding emission 
standards and monitoring requirements for additional control areas.
    (i) Incorporation by reference.
    Tennessee Division of Air Pollution Control Regulations, Chapter 
1200-3-19, adopted September 7, 1988.
    (ii) Other material. None.
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[FR Doc. 97-20056 Filed 7-29-97; 8:45 am]
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